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HomeMy WebLinkAboutMinutes 11-15-1990 WorkshopCITY COUNCIL WORKSHOP MEETING NOVEMBER 15, 1990 A Workshop Meeting of the Cape Canaveral City Council was held on November 15, 1990, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 :35 P.M. by Mayor Joy Salamone. Members Present Joy Salamone Mayor Ann Thurm Mayor Pro Tem Don Arabian Council Member John Porter Council Member Others Present Ed Spenik City Manager Jim Theriac City Attorney Jan Leeser City Clerk Members Absent Rocky Randels Council Member 1 . City Attorney Report on Status of Rich' s Restaurant Lawsuit City Attorney Theriac advised that Attorney Mark Peters was now representing Mr. Jeff Rich in his lawsuit against the City. Mr. Peters addressed Council and advised that he was prepared to file a Federal Civil Rights Action against the City on Mr. Rich' s behalf. He further noted that Mr . Rich would like to settle the lawsuit out of court and offered the following settle- ment: a. General mutual releases would be given by both parties b. City would issue a CO to Mr. Rich; c. " Mr . Rich would pay the City $2,000; $1, 000.00 on January 15, 1991 and $1, 000.00 on February 15, 1991 . Mr. Rich' s water usage would be monitored for six months and in the event he uses additional units, as specified in the Ordinance, he would pay the City addi- tional fees . The City would keep the $2, 000 .00 in any event. Discussion followed. It was pointed out that the City assessed Mr. Rich $12,000.00 impact fees based on the formula set forth in the Ordinance. Mr . Theriac advised that the Ordinance is valid. He further noted that the City could expend a minimum of $35, 000.00 in legal fees if the case was heard in Federal Court. In addition, if the trial court ruled in Mr. Rich' s favor, the City may also have to pay Mr . Rich' s attorney' s fees times a factor of 2 .5 . Mr. Theriac recommended that the City accept Mr . Rich ' s offer of settlement strictly from an economic standpoint. Discussion continued. The consensus of Council was to accept the settle- ment offered. Mr . Theriac will work with Mr. Peters on the settlement agreement . No action required on this item Tuesday night. 2. Discussion Re: Canaveral Creek City Council Workshop Meeting November 15, 1990 Page 1 of 3 Mr. Arabian distributed a packet of information he had prepared on this item. After reviewing the materials, he made the following suggestions : a. Canaveral Creek be recognized by adoption of a Resolution; b. That the "creek" be dammed at Central Boulevard; c. That the City establish an Environmental Committee; d. Holding ponds be constructed at the Sewer Plant. Discussion followed. Mayor Salamone thanked Mr. Arabian for all his work and requested this item be placed on an agenda for a future Workshop Meeting. At this time Mayor Salamone called for a five-minute recess. The meeting was reconvened at 9:10 P.M. 3. Discussion Re: DER Notice of Violation of Effluent Limitations Mr. Spenik advised that the DER Notice was a follow-up on the EPA violation. Mr. Theriac pointed out that the DER also has the authority to fine the City. Mr. Bennett Boucher, Public Works Director, addressed Council on this item. He explained that the City had answered the allega- tions and that a meeting would be held with DER, at which Mr. Ray Hansen of PPO will present the City' s corrective actions. Discussion followed. No Council action required on this item. 4. Discussion Re: Groundwater Testing Mr. Spenik advised that during DER' s annual test on the monitoring wells at the Public Works Facility a faint aroma of gas was detected in one of the five wells . He further noted that a subsequent pressure test of the 2, 000 fiberglass gas tank proved there was no leakage. Mr . Spenik explained that the next step would be a "containment assessment" which may cost up to $5, 000 .00. Discussion followed. Mr. Spenik noted that in the future he may recommend alternatives to the gasoline storage tank . No action required on this item. 5 . Discussion Re: Increasing Limits of Liability Coverage Mr. Spenik noted that the City currently has General and Auto- mobile Liability insurance - in the amount of $100,000 / $200, 000 through the Florida League of Cities . He explained they were offering higher limits of liability. Mr. Theriac advised the current -coverage was the Statute limitation and recommended the City stay with that amount. Mr. Spenik also noted the City had no flood insurance on the City buildings and he recommended this coverage be secured. Discussion followed. Agenda a motion on this item for Tuesday. 6 . Discussion Re: Sheriff ' s Request for Additional Personnel Mr. Spenik advised that since the recent passage of the referendum question for ad valorem taxes for police services, the Sheriff ' s Department was requesting additional personnel. Discussion followed. Mr . Spenik was directed to meet with officials of Port Canaveral, regarding sharing costs for admini- strative personnel . City Council Workshop Meeting November 15, 1990 Page 2 of 3 7 . Discussion Re: Approval of Forfeiture Expenditure for 1985 Vehicle Mr. Spenik advised that the Public Works Department could utilize the van. He noted that in addition to the forfeiture fees of nearly $500.00, the van needed transmission repair work which could cost up to $1,200.00. He explained the blue book value of the van was $6, 000.00. Discussion followed. Agenda this item for Tuesday. - 8. Oath of Office for Newly Elected Council Members (on 11-20- 90) 9. Resolution No. 90-64 Electing Mayor Pro Tem 10. Resolution No. 90-65 Rescheduling City Council Meetings during Holidays Mayor Salamone requested these three items be placed on the agenda for Tuesday. 11 . City Manager ' s Report Mr. Spenik reported on the following: - Banana River Watershed Committee seeking project to expend $10,000; he suggested renovating Center Street parking to prevent runoff into Banana River; - Long Point Road sewer installation was complete and connection notices would be going out to the property owners; - The City would be going to Court in December on the Myers lawsuit (bike path injury) ; - City wants to sell their abandoned motor vehicles and bikes before Christmas . Agenda a motion to authorize the sale. DISCUSSION City Attorney Theriac advised that a major lawsuit would be breaking in the City in the next few weeks . There being no further business, the meeting was adjourned at 9: 54 P.M. Janet S. Leeser City Clerk City Council Workshop Meeting November 15, 1990 Page 3 of 3