HomeMy WebLinkAboutMinutes 09-01-1994 Workshop• •
CITY COUNCIL
WORKSHOP MEETING
September 1, 1994
A Special. Workshop Meeting of the Cape Canaveral City Council was held on September 1,
1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was
called to order at 5:30 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
BUSINESS:
1. Interview of prospective Boardmember.
Mr. Kancilia addressed several questions to Mr. Donald Bergen who was interested in a position
on the City's Planning and Zoning Board. Agenda this item for Tuesday.
2. Discussion Re: Ordinance No. 20-94. Amending Section 110 of the Code of Ordinances
by changing requirements for the parking of boats. utility trailers. recreational vehicles, and
special purpose vehicles (first public hearing on September 6, 1994).
Mr. Kancilia stated that the "no parking within four feet of the right -of -way" requirement had
been eliminated from the proposed ordinance in subsection 2(a) and the length requirement in
subsection 2(i) was modified to allow the parking of vehicles in excess of 30' to be parked
within R -1 and R -2 zones of the City provided that the vehicle was fenced or screened. Mr.
Randels stated that he was against the proposed changes in that the changes relaxed the existing
requirements for the parking of boats, recreational vehicles and special purpose vehicles and he
explained his reasons for same. Discussion followed regarding the specifics of the ordinance
and its subsequent consequences. Mayor Salamone spoke in favor of the ordinance considering
that the City was a beach community and that if the vehicles were clean and not safety hazards,
then she did not have a problem with such vehicles being parked as allowed under the conditions
within the proposed ordinance. Agenda this item for Tuesday.
3. Discussion Re: Ordinance No. 22 -94 Amending City's Code of Ordinances. to enact
provisions to minimize fire hazards within the City (second and final public hearing on
September 6. 1994).
Mr. Randels questioned the changes made to the section pertaining to restrictions on bottled gas.
Dave Sargeant, Fire Chief, stated that the proposed fee of $25.00/$75.00 was changed to
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City Council Workshop Meeting
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provide the requirement for a minimum building permit. He explained that the building permit
required a fire inspection. Agenda this item for Tuesday.
4. Discussion Re: Draft cable television franchise agreement.
Mr. Boucher stated Council had been given a copy of the draft franchise agreement and he was
asking for additional direction from Council for any items which Council wanted to
include /exclude in the agreement. He asked for direction on the following items: possible
franchise fee increase from 3 % to 4-5% , satisfaction or dissatisfaction with the current level of
service; any needed service upgrades; length of new agreement; and the overall quality of
service offered by Time Warner.
Mayor Salamone reported her concerns regarding what she felt was a City attempt to "micro -
manage" a business through the proposed franchise agreement. Mr. Kancilia stated that the City
Manager had canvassed other municipalities within Florida who had already negotiated new
agreements with their cable providers and the proposed agreement was modeled after one of the
shortest agreements. He stated that his concern with respect to customer service within other
service - provider contracts was that there appeared to be a lack of control and he felt that a
customer service requirement for cable would facilitate providing service to the citizens within
the City. He advised that the Federal Communications Commission (FCC) did establish
minimum customer service requirements and some of the provisions in the draft agreement
covered the same points as the FCC rules. Mr. Kancilia explained that the FCC rules were
"minimum rules" and the City was not precluded from applying more rules. Mayor Salamone
asked that Council be furnished with a copy of the FCC rules and she commented that the
minimum standards were excellent. She reiterated her problem with "micro- managing" the cable
business.
Discussion followed regarding franchise fees and the issue of micro- management. Mayor
Salamone questioned if an opener clause could be included in the contract to allow an increase
or change in the amount of franchise fees on an annual basis if needed. Mr. Porter favored a
3% fee; Mr. Berger favored a 5% franchise fee. Ms. Diane Pickett, Vice President of Public
Affairs & Government Relations for Time Warner Cable, stated that she would draft applicable
language to allow the annual contract opener on the franchise fees and submit such language to
the City Manager.
Mayor Salamone asked that Councilmembers be provided with copies of the FCC rules and that
any level of service concerns be added if necessary. Mr. Boucher commented that the current
contract term in other municipalities was ten (10) years or less. Mr. Nicholas remarked that the
contract was "non-exclusive". Ms. Pickett stated that Brevard County had a 15 -year agreement
which had been rewritten in 1988 and most of the cities along the coastal area had 15 -year
agreements. Mr. Boucher stated that he was interested in obtaining a more definitive outline of
future upgrades to the system. Mr. Nicholas disagreed with demanding upgrades to the system.
Mayor Salamone did not have a problem with a 15 -year agreement especially since the
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City Council Workshop Meeting
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Page 3
agreement was non - exclusive.
Mr. Randels questioned the requirement for a $50,000 performance bond. Mr. Boucher stated
that the current agreement provided for a $5,000 bond. He explained that the bond was for non-
performance such as non - payment of franchise fees. Mayor Salamone felt that a $10,000 bond
was fair.
In response to Mr. Randels' questions, Ms. Pickett explained the repair /service procedures and
response times. Mr. Nicholas left the meeting at this time. Mayor Salamone restated her
support of utilizing the FCC customer service standards for use within the contract. Mr.
Boucher stated that the City would have to notify Time Warner that it wanted to adopt the FCC
standards; the company did not automatically comply with the FCC customer service standards.
Mr. Randels suggested the following wording to be included in the contract: "If a significant
problem develops due to picture quality or customer service, the company representative agrees
to meet with the City to further investigate and present solutions for resolution." Mayor
Salamone asked that Mr. Kancilia include the wording within the contract.
After a ten- minute break, the meeting was reconvened.
5. Discussion Re: Resolution No. 94 -37. Extending current cable television franchise
agreement.
Agenda this item for Tuesday.
6. Discussion Re; Authorization to dispose of surplus property through City auction.
Agenda this item for Tuesday.
7. Discussion Re: Ordinance No. 33 -94. Amending Section 82 -32. Amendments of the City
Code of Ordinances, to place a time limit on the validity of building permits. for first reading.
Mr. Boucher explained that there had been mixed debate among Council in the past regarding
requiring developers to finish projects on a timely basis. Mr. Porter stated that Dr. Pindziak
was present in the audience and during the previous Council meeting individuals had spoken
regarding Dr. Pindziak's uncompleted building projects. He stated that Council had discussed
"grandfathering in" the provisions in order not to place any undue burdens. Mr. Randels stated
that the proposed ordinance would not hinder any type of construction and he spoke favorably
regarding the proposed time limits.
Mr. Nicholas returned to the meeting at this time.
Mr. Berger referenced the "Sea Jade" condominium project that had been left in a state of
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City Council Workshop Meeting
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incompletion for the past several years. Mayor Salamone did not see that the unfinished
buildings were aesthetic or safety issues and she stated that there were several occupied
properties that were in worse condition than the subject unfinished buildings. She reiterated the
need for increased code enforcement activities. Mr. Porter stated that if the City was looking
to upgrade, then it also needed to look at unfinished buildings, parking of trailers and boats, and
basic code enforcement of residential and commercial areas. Mayor Salamone stated that the
Building Official currently had the authority to question construction progress. Mr. Kancilia
stated that the Building Official could only require that there was building activity within a six
(6) month time period. Discussion followed regarding the provisions included in the proposed
ordinance.
Dr. Charles Pindziak commented on the requirements of the Standard Building Code and that
there were no formal complaints filed against his property located within the 200 block of East
Central Avenue. Mr. Porter spoke in reference to unfinished buildings in general. Dr. Pindziak
showed pictures of neglected /unsightly properties within the City to the Mayor and members of
Council. He stated that he had taken comments made by Councilmembers at previous meetings
as a personal insult. Mr. Porter agreed that there were several properties within the City that
were unsightly and in need of repair or cleanup. Dr. Pindziak also showed Council pictures of
his subject property and reiterated that his properties were not unsightly and construction was
progressing at a steady pace.
Mayor Salamone questioned why the ordinance was prepared and when the problems were
brought to Council's attention why Council had not directed staff to speak to Dr. Pindziak about
the construction progress on his properties. Mr. Kancilia explained that there was a legal case
that held that the building codes, as written with vague language, did permit a Building Official
and a City to require substantial completion within a reasonable period of time. He stated that
the ordinance was prepared for discussion because if the reasoning behind the case was followed
it would place on the Building Official the determination of when a building should come into
substantial completion and if that determination was made on a case by case basis it would place
the Building Official under a great deal of scrutiny. The proposed ordinance would remove the
uncertainty. Mr. Boucher commented that Mr. Morgan had spoken to Dr. Pindziak and Dr.
Pindziak had agreed to begin painting the exterior of the buildings.
Mr. Randels stated that the ordinance would impact future building permits and would not
directly affect Dr. Pindziak's properties as his properties would be grandfathered in under the
current Code requirements. He mentioned that Dr. Pindziak's pictures did not show partially
completed buildings under construction. Dr. Pindziak reiterated that complaints should go
through the proper channels. Mr. Nicholas summarized that Dr. Pindziak's buildings had been
in construction for 6 -7 years and that the rate of construction progress had been extremely slow
and that some type of reasonable construction schedule was needed. Mayor Salamone felt that
the ordinance should be reviewed by the Planning & Zoning Board.
Mr. Porter emphasized that all parties involved were trying to make the City a more beautiful
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City Council Workshop Meeting
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place in which to live and work and that a reasonable time schedule for construction was needed.
The ordinance would be referred to the Planning & Zoning Board for further consideration.
8. Discussion Re: Resolution No. 94 -38. Authorizing the execution of a State Revolving
Loan Fund and the pledge of revenues from the City's sewer system use fees to secure payment
of said loan.
Mr. Kancilia explained that the Resolution would authorize the Mayor to sign the loan agreement
and he referenced changes that had been made to the actual loan agreement. Mr. Berger
questioned what would happen if the City ran into an unforseen circumstance that required
additional funds. Mr. Boucher stated that the City could ask for more money if it was available.
There was general discussion regarding potential unforseen circumstances.
Mr. Boucher remarked that the City would receive its construction permit on the sewer plant by
September 13, 1994, and bids would be solicited by the end of September. Agenda this item
for Tuesday.
9. Discussion Re: Ordinance No. 35 -94. Amending City's Code of Ordinances. Section 78-
152. Monthly Sewer Rates, to clarify the authority of the City Council to modify sewer rates
in amounts other than increases based on the consumer price index.
Mr. Kancilla remarked that the current language regarding sewer rate increases limited such
increases to amounts . of the consumer price index and he explained why the City did not want
to be restricted by the consumer price index for possible sewer rate increases due to the
wastewater treatment plant expansion. Agenda this item for Tuesday.
10. Discussion Re: Brevard County's Local Planning Assistance Program.
Mr. Boucher stated that the City could utilize the services of a County planner at a rate of
$20.62 per hour and he recommended approval of Alternative No. 1 of the interlocal agreement
between the City and Brevard County. Agenda this item for Tuesday.
11. Discussion Re: Resolution No. 94 -39, Reappointing members to the Planning & Zoning
Board.
Agenda this item for Tuesday.
12. Discussion Re: Ordinance No. 26 -94. Scheduling a Referendum Election for the purpose
of presenting an ad valorem tax not to exceed 1.0 mil for police protection.
Mr. Nicholas questioned if the wording was clearly understandable for the voters and Council
asked that the City Attorney clarify the referendum language. Agenda this item for Tuesday.
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City Council Workshop Meeting
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13. Discussion Re: Ordinance No. 27 -94. Scheduling a Referendum Election for the purpose
of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services.
Agenda this item for Tuesday with the aforementioned clarification on the referendum language.
Mayor Salamone asked that the referendum questions be advertised in as many publications as
possible (Across the Space Coast, the Tribune, the City Newsletter, etc.).
14. Discussion Re: Ordinance No. 34 -94, Providing for the submission to the electors of the
City of Cape Canaveral a proposed amendment to Article XXIV. Sec. 8. Nepotism, of the City
of Cape Canaveral Charter.
Mr. Randels supported adopting Florida Statutes, Section 112.3135, as it was written to govern
the City in nepotism matters. Mr. Nicholas asked that the "F.S." in the ballot wording be
spelled out to read "Florida Statutes ". Agenda this item for Tuesday.
15. Discussion Re: Council member vacancy.
Mr. Kancilia stated that Mr. Porter resigned his office of Councilmember effective November
15, 1994, which was the date his successor would take office if the successor were elected or
the date that Mr. Porter would take office if he were running for another elected position. He
explained that there was a provision in the Florida Constitution which stated that a vacancy
occurred when the resignation was given and not on its effective date. He summarized a Florida
Supreme Court case whereby a Supreme Court justice resigned in February, effective the
following January, and in between those two (2) dates there was a regularly scheduled September
election. The Attorney General petitioned the Supreme Court for an advisory opinion; the
Supreme Court stated that the policy of the State favored holding an election even though the
resignation was not effective until after the election.
Mr. Kancilia stated that in 1989, the election law was amended to state that in the case of
municipalities when a resignation was given, the vacancy was deemed to occur upon the
effective date. He stated that Mr. Porter's resignation being effective on November 15, 1994,
would cause the vacancy to occur in November, not on August 25, 1994; in which case, the City
Charter then provided that the City Council appoint Mr. Porter's successor within 30 days after
November 15th. However, the purpose of the "resign to run" statute required someone running
for another elected office to resign ten (10) days prior to the beginning of the qualifying period
typically so the unexpired term could be placed on an election ballot. Mr. Kancilia explained
that the Division of Elections had issued an opinion in 1990 and it held that the City Council
could appoint the successor member within 30 days after the vacancy occurred; however, the
opinion of the Division of Elections did not mention the Florida Constitution or the case of the
Supreme Court Justice to which he would give considerable deference. In summary, Mr.
Kancilia had asked the Division of Elections to reconsider its opinion issued in 1990 in light of
the State Supreme Court case. The Division of Elections was not the final authority in the
matter; ultimately the decision was up to the City Council.
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City Council Workshop Meeting
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Mr. Porter stated that his first instinct was that it would be better for an individual to be elected,
rather than appointed to a Council position and that it was healthy to have opposition. Mr.
Randels felt that the intent of the decision was that whenever possible the electors should have
the right to make the choice. Mr. Berger and Mayor Salamone both felt that the voters should
decide. Mayor Salamone stated that the position had been advertised and it would be open
during the qualifying time and individuals could come in and apply to run for the one year term.
Mayor Salamone did not feel that Council would ever have agreed not to go for the election, but
she would still like to have the Division of Elections opinion. Mr. Kancilia stated that the
Division's opinion may be adverse to the position taken by Council, but Mayor Salamone
commented that any time the matter was presented to the voters was better overall. Council
concurred to place the position for a one year term on the ballot.
16. Discussion Re: Ordinance No. 36 -94. Amending the City's Code of Ordinances. by
adding a Section to be entitled: "Motion and Still Photography Production Permits".
Mr. Kancilia reviewed several changes which would be incorporated into the Ordinance
including the addition of a non - exemption clause to require permittees to follow all other permit
fees and requirements that would normally be assessed on such a business venture. Council
concurred that there would be no exemptions to the normal permitting procedures. Agenda this
item for Tuesday.
17. Discussion Re: Resolution No. 94-40, Supporting Larry Schultz in his candidacy for
First Vice President of the Florida League of Cities.
Mr. Randels stated that Mr. Schultz had already been elected and the Resolution was
unnecessary.
18. Monthly Activity Reports.
No comments.
19. City Manager's Report.
Mr. Boucher commented that only two (2) attorneys had submitted bids on the request for
proposal for attorney services, Mr. Kancilia's firm and the firm of Amari, Theraic, and he
questioned if Council wanted to set a date for interviews. Mayor Salamone expressed her
concerns regarding the receipt of only two (2) bids. There was additional discussion regarding
the legal services bid and Mayor Salamone reiterated that the request for proposals should be
re- advertised. After a lengthy discussion, Council concurred to schedule a special workshop
meeting for Tuesday, September 6, 1994, at 5:30 p.m. for the interview of the two (2) firms.
Mr. Nicholas questioned when the City would be preparing bids for auditing and engineering
services. Mr. Boucher answered that the audit services would be bid in April, 1995, and
City of Cape Canaveral, Florida
City Council Workshop Meeting
September 1, 1994
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engineering services in October, 1994.
Mr. Boucher asked for a special workshop meeting to discuss the reuse system design. He
stated that he would be receiving the engineer's report by September 6th or 12th. Council
concurred to schedule a special workshop meeting for September 12, 1994, at 6:30 p.m.
Mr. Boucher also asked for an executive session on September 13, 1994, at 6:00 p.m. to discuss
union negotiations. Council concurred.
Mr. Boucher stated that the Library expansion meeting was scheduled for September 8, 1994,
at 7:00 P.M. at the Cape Canaveral Library.
Mr. Boucher stated that the City had received a Dune Revegetation Grant in the amount of
$20,000, which was a significant increase over the requested $5,000 amount.
Mr. Boucher advised that Mr. Jack Bennett, Ocean Oaks, had been notified that the City had
a restriction against rentals of less than seven (7) days and Mr. Bennett had picked up his permit
and signed for a listing of all City requirements.
There being no further business, the meeting adjourned at 10:00 P.M.
with G. Miller, CMC /AAE
City Clerk