Loading...
HomeMy WebLinkAboutMinutes 06-02-1994 Workshop• • CITY COUNCIL WORKSHOP MEETING June 2, 1994 A Workshop Meeting of the Cape Canaveral City Council was held on June 2, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. In accordance with Sec. 2 -64 of the City's Code of Ordinances, Councilmember Leo Nicholas was elected as presiding officer of the workshop meeting. The meeting was called to order at 7:01 P.M. by Councilmember Nicholas. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney City Clerk BUSINESS: Joy Salamone John Porter Arthur Berger Leo Nicholas Rocky Randels Bennett Boucher John Kancilia Faith Miller Absent Absent Present Present Present Present Present Present 1. Discussion Re: Ordinance No. 18 -94. Amending City's Code of Ordinances. Chapter 38 Fire Prevention an . Protection b • rovidin • for fir ins ' tion fees second and al readin on June 7, 1994). Mr. Randels spoke in favor of the ordinance. There was discussion regarding the fire inspection requirement for recreational tents. Mr. Nicholas stated that the ordinance did not include a provision to allow waiving of the inspection fees for particular types of charitable organizations. Council concurred to include a waiver provision in the ordinance. Agenda this item for Tuesday. 2. Discussion Re: 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. Dave Sargeant, Fire Chief, explained the purpose of the ordinance. He stated that the ordinance provided cost recovery for hazardous materials accidents /spills which required special firefighting techniques and materials. Chief Sargeant commented that the proposed ordinance was very similar to the County's ordinance on the same matter. Agenda this item for Tuesday. 3. Discussion Re: Ordinance No. 20 -94. Amending Subsection 110- 551(b) of the City's Code of Ordinances. By changing requirements for the parking_ of boats, utility trailers. recreational vehicles, and special purpose vehicles. Mr. Buzz Petsos, Chairman of the Planning & Zoning Board, explained the issues addressed by City staff regarding the proposed ordinance which had come up after the ordinance had been • • City of Cape Canaveral, Florida City Council Workshop Meeting June 2, 1994 Page 2 presented to the Planning & Zoning Board. He expressed the following concerns: • Item (2)(a), pg. 3 - limits what type of boats can be parked in the front 25' setback to possibly a 12' or 14' boat; staff was concerned about the 4' setback requirement; the Planning & Zoning Board's concern was for the possibility of injuries if someone were riding a bicycle or walking and ran into a "boat tongue" if boats were allowed to be parked right up to the sidewalk. Staff had suggested that the boat tongue be painted bright yellow or require that a warning flag be hung from the boat tongue. • Item (2)(b), pg. 3 - the intent of this section was to allow access around the entire building; staff felt that access was only required along one side of the residence. Mr. Morgan suggested the following wording for this item: "free access shall be maintained on one side of the building or structure". This provision also did not pertain to any non - motorized vehicles such as canoes. • Item (2)(t), pg. 4 - this item also needed an exception for non - motorized (canoes, kayaks and boats that were not motorized). Mr. Morgan stated that it was hoped that Council would send the ordinance back to the Planning & Zoning Board as the suggested changes had not been discussed before the full Board. Mr. Randels commented that he was not in favor of the proposed ordinance and he felt that the existing ordinance was stronger and a more conservative approach to the parking of boats and recreational vehicles. Mr. Petsos explained that the concern had been the 21' boat limit and that 90 % of the boats and recreational vehicles in the City were in non - compliance due to the fence requirement. Mr. Morgan expressed his concern regarding the wording in Sec. 110- 551(b) which allowed boats and other such vehicles to be parked in the "front yard or front setback under covered parking, i.e., carport". He stated that no structure, including carports, could be built within a setback. Mr. Berger stated that he was in favor of the length change to 30' from the past limit of 21'. Mr. Sargeant expounded upon his recommendation that for fire protection/emergency services access that one side of a house or structure be open for access to the back of the house, and that all such boats or recreational vehicles be a safe distance from any eaves or overhangs. Mr. Nicholas expressed his concern that the wording included in the ordinance should be clearly understandable for the average citizen. Council concurred to send the proposed ordinance back to the Planning & Zoning for further discussion/consideration. The order of the agenda business was changed at this time. 7. Discussion Re: Resolution No. 94 -27, Removing an alternate member from the Planning • • City of Cape Canaveral, Florida City Council Workshop Meeting June 2, 1994 Page 3 & Zoning Board. Agenda this item for Tuesday. 4. Discussion Re: Resolution No. 94 -21, Approving the transfer of Elizabethtown Gas Company into its parent company NUI Corporation. Mr. Boucher stated that he had received City Gas Company's current certificate of insurance and rate schedule. He stated that the firm had laid 9,000 feet of line in Cape Canaveral last year and that a line had been run up to Coastal Fuels down North Atlantic Avenue. Mr. Randels expressed his concerns with the current franchise agreement including Sec. 9, Extension of Main and Sec. 15, Maps showing location of mains - Filing with the City, of the franchise agreement. He stated that City Gas was not providing maps to the City nor was it extending the mains as stated within the franchise agreement. Mr. Randels stated that Sec. 23, Approval of Transfer, included a provision that no sale or transfer shall be effective without Council approval. He did not feel that the City should accept the transfer until his items of concern were addressed. Mr. Nicholas asked that a letter be sent to the firm advising them that the transfer would not be approved until all matters of concern were resolved. 5. Discussion Re: Resolution No. 94 -24. Establishing a new schedule of rates for garbage and trash collection within the City. Mr. Randels stated that he had noticed that many of the commercial dumpsters needed repairs and /or painting and the dumpsters were supposed to be cleaned and disinfected on a regular basis. Mr. Bob Hyres, Division Manager of Western Waste, explained that he had driven around the City with the City Manager and together they had determined which dumpsters were faded and needed to be painted. There were a total of 33 dumpsters which needed painting or replacement and all identified dumpsters would be painted and /or repaired within the next 10 days. Mr. Hyres stated that his drivers needed to be watching matters more closely and advising the company when the dumpsters needed refurbishment. Mr. Nicholas questioned if Western Waste had a schedule for cleaning the dumpsters. Mr. Hyres stated the dumpsters used by restaurants were cleaned at least twice a year. Mr. Nicholas stated that the contract included that the dumpsters be cleaned every 30 days and he did not feel that the City should have to call and request that the dumpsters be cleaned. He stated that cleaning the dumpsters only twice a year was unacceptable. Mr. Hyres stated that paragraph (11)(D) on page 6 of the contract provided that the dumpsters be sprayed with disinfectant every 30 days and he explained that there was quite a bit of difference between spraying the dumpsters with disinfectant and actually cleaning the dumpsters. He stated that the driver should be spraying the dumpsters every time the dumpsters were emptied. Mr. Randels noted that spraying of the dumpsters was not done when he monitored the route of one of the drivers. He also expressed concerns regarding the crew members not wearing clean • • City of Cape Canaveral, Florida City Council Workshop Meeting June 2, 1994 Page 4 uniforms or shirts bearing the collector's name. Mr. Hyres stated that some of the crew members were from a temporary service and were required to wear the shirts, but he had experienced problems enforcing the uniform rule. He explained that two (2) temporary services had been fired in the past six (6) months for non - enforcement of the uniform rules. Mr. Randels also commented that the contract included Reporting Requirements for monthly and material's reports which were not being submitted to the City. Mr. Hyres stated that the monthly reports were submitted along with the payment to the City's Finance Department. Mr. Hyres further explained that the garbage/recycling trucks were painted every two years. Mr. Randels questioned what the City could do to make the garbage and trash collection a better operation. Mr. George Gilchrist, Service Coordinator for Western Waste, stated that all garbage must be placed in plastic bags prior to placing the garbage in the dumpsters and he explained that if a complaint was received about exceptionally smelly trash, that if one of Western Waste's trucks was in the area a courtesy dump would be done at that time. Mr. Gilchrist stated that he had given the Finance Department flyers of "helpful hints" to be distributed to City residents. Mr. Boucher stated that as City Manager, upon seeing the service deficiencies of the current garbage and trash collection, he was not satisfied with the overall operation. He stated that he was disappointed in the condition of the dumpsters, employees not in uniform, etc. He expressed that Western Waste had agreed in its performance contract with the City to perform its services according to specific standards. Mr. Boucher declared that he did not feel that he should have to tell Western Waste that dumpsters needed replacing as he felt that replacement and repair of the dumpsters should be automatic upon routine inspections by Western Waste. He stated that finding 33 dumpsters on a spot inspection that needed refurbishment was not a good record and constituted non - performance. Mr. Boucher advised that he did not recommend authorizing a 2 1/2 % rate increase for commercial service based on non - performance of the contract. Mr. Hyres agreed to postpone the rate increase for 30 days and the company would make sure all the dumpsters were repaired as needed within the 30 day time period. Mr. Berger expressed that the firm's quality assurance /control had declined and the City did not want a temporary fix. Mr. Nicholas stated that it was also the City's responsibility to monitor the performance of the contract on a more frequent basis. Mr. Berger suggested waiting six (6) months prior to discussion of the rate increase to see if the performance of the contract improved. There was further discussion regarding the non - performance concerns, the proposed rate increase, and necessary quality control measures. Council concurred to agenda the rate increase in one (1) month. 6. Discussion Re: Resolution No. 94 -26. Expressing the City's intent to terminate its Sewage Franchise Agreement with the Canaveral Port Authority on April 21, 2000. Mr. Boucher stated that at Council's request a resolution had been prepared expressing the City's • • City of Cape Canaveral, Florida City Council Workshop Meeting June 2, 1994 Page 5 intent to terminate its contract with the Port. He commented that Burton & Associates had prepared a rate schedule reflecting the rates without the Port's participation. There was general discussion regarding the termination of the agreement. Mr. Randels expressed his reasons for supporting the continued agreement to treat the Port's sewage. Mr. Berger declared that the Port was a commercialized, industrial city and that the City should not accommodate the Port's need without the Port paying its fair share of the costs involved. Agenda this item for Tuesday. 8. Discussion Re: 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. Agenda this item for Tuesday. 9. Discussion Re: Architectural Review Board. Mr. Boucher stated that he needed some direction from Council as to how many members and what type of expertise should be included on the Architectural Review Board. After discussion, Council concurred to ask the Beautification Board to review the proposed implementation of an Architectural Review Board. 10. City Manager's Report. Mr. Boucher stated that Brevard County had requested the City's support of the County's application process of applying for federal anti-drug abuse funds to the State of Florida, Department of Community Affairs. Council concurred to agenda Resolution No. 94 -29 for Tuesday. Mr. Boucher stated that he had received a call from library staff regarding a possible exemption from permit and impact fees related to the expansion of the library. It was the consensus of Council that there be no waiver of fees based on when the original building was built no fees were exempted. Mr. Boucher recounted that at the Commercial Development Board meeting there had been a discussion with Ed Anderson of Florida Power & Light (FPL) about the possibility of burying the power lines. He stated that possibly in five (5) years, FPL would redo the overhead lines similar to the current project along SR 520. It would cost approximately one million dollars per mile to bury the lines. There was discussion regarding the probability of requiring all new development to place utility lines underground; Council asked Mr. Boucher to further research the matter. Mr. Boucher stated that the Commercial Development Board had also had a discussion with Greg Luger, Brevard County, regarding No Man's Land and a commercial building maintenance ordinance. Mr. Luger advised that the County may be receptive to enacting an ordinance for • • City of Cape Canaveral, Florida City Council Workshop Meeting June 2, 1994 Page 6 No Man's Land similar to the City's building maintenance ordinance. Mr. Boucher stated that the Foreign Trade Zone director had indicated a willingness to work with the City in matters of commercial development. The next Port journal would include a 2 -3 page promotional article relative to the City. Mr. Boucher disclosed that the Planning & Zoning Board would begin review of the first three (3) chapters of the Comprehensive Plan beginning next month. He stated that the final rules were not adopted until the end of March and that the Department of Community Affairs (DCA) may have grant money available in the year before the submittal deadline to assist cities in their Comp. Plan amendments. There was general discussion regarding Comp. Plan amendments and the expertise needed to draft the amendments. Mr. Kancilia stated that he would prefer to attend the Planning & Zoning Board meetings if there was a problem with Mr. Markey attending future meetings. He explained that he drafted all the Planning & Zoning ordinances and he spoke to Building Department staff on a regular basis regarding all zoning matters. He stated that Mr. Markey was attending the Planning & Zoning Board meetings at present on a type of sub - consultant basis since he had left the firm of Reinman, Harrell, Graham, Mitchell & Wattwood. Mr. Boucher stated that he regretted to inform Council that Mrs. Sharon Hoover had passed away the night before and that memorial services were scheduled for 11:00 a.m. on Friday at Wylie- Baxley Funeral Home in Merritt Island. He commented that Mrs. Hoover would be sorely missed by all the City employees. DISCUSSION: 1. Mr. Nicholas stated that Council had received a memo from the City Treasurer asking Council members to meet with her individually to review budget goals. He explained that he was not comfortable with the individual type of conversations as he felt that budget concerns and goals should be addressed before the full Council. Mr. Berger also expressed that he did not feel it was proper to discuss budget goals individually with the City Treasurer, but that he would contact her if he had any specific questions regarding the budget. Council concurred to schedule discussion of budget goals at the next workshop. 2. Mr. Nicholas stated that at the last Council meeting there had been discussion regarding the income from lot clearing /mowing. He stated that it had been mentioned that the income had increased so much because the Public Works department was handling it. He stated that the comment had been made that "they chose not to code enforce" and he had a problem with the comment. Mr. Boucher stated that this year lot mowing fees had been received at the beginning of the year and last year the money received came in at the end of the year, but that the revenue received from lot mowing last year was basically the same as this year. Mr. Nicholas stated that there was at least one member of Council who felt that the lots were not being cleared adequately. Mr. Morgan stated last year a number of residents used independent contracts for mowing their lots. He stated that the checks were mailed to the Building Dept. and then 4 • • City of Cape Canaveral, Florida City Council Workshop Meeting June 2, 1994 Page 7 submitted to Finance. Mr. Morgan expressed that there had been no gain or loss in the level of service of lots being mowed from the previous year. 3. Mr. Nicholas commented on the Columbia Condominium Association lawsuit which had been dismissed. Mr. Boucher advised that he had never been served individually on the lawsuit. 4. Mr. Nicholas briefly mentioned the correctional facilities impact fee program. 5. Mr. Nicholas stated that the Metropolitan Planning Organization (MPO) minutes included discussion regarding the Ridgewood Avenue extension. Mr. Boucher stated that the extension of Ridgewood Avenue was included in the City's Comprehensive Plan. Mr. Nicholas suggested that the Planning & Zoning Board review the potential extension of Ridgewood Avenue to determine if the Comprehensive Plan needed to be amended. ADJOURNMENT: There being no further business, the meeting adjourned at 9:05 p.m. Ok0 „so Faith . Miller, CM City °r perk "dt COO