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Home My WebLink AboutMinutes 04-18-1989 CITY COUNCIL REGULAR MEETING APRIL 18 , 1989 A Regular Meeting of the City Council of the City of Cape Canaveral , Florida was held on April 18 , 1989 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral , Florida. The meeting was called to order at 7: 30 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. The roll was called by the City Clerk. Officials present were Mayor Joy Salamone, Mayor Pro Tem Robert Hoog, Council Members Jeff Kidd, Steve Miller and Rocky Randels. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac; City Clerk, Jan Leeser; and Sergeant-at-Arms Teste. Mr. Miller moved to forego the reading of the minutes of the Regular Meeting of April 4 , 1989. Mr. Hoog seconded motion. Motion carried unanimously. At this time, Mayor Salamone read a proclamation regarding Coop- erative Extension Week. NEW BUSINESS Mayor Salamone moved to move Item 11 on the agenda up to Item 1 . Motion died for lack of a second. 1 . Resolution No. 89-15 Amending Garbage Collection Rates A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Miller seconded motion. Mr. Nicholas explained that this Resolution would put into effect the annual cost-of-living increase in garbage rates, as specified in the City' s contract with Western Waste. He further noted that this year' s increase was 4. 8% . Discussion followed. Vote on the motion was unanimous. Resolution No. 89-15 was adopted. 2. Resolution No. 89-16 Amending Sewer Rates A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Hoog moved for adoption. Mr. Miller seconded the motion. Mr. Nicholas advised that in accordance with Ordinance 2-89 , the annual cost-of-living increase for sewer service was 4. 8% . Vote on the motion was unanimous. Resolution No. 89-16 was adopted. 3 . Resolution No. 89-17 Extending Garbage & Rubbish Collection Contract With Western Waste Industries A RESOLUTION EXTENDING THE GARBAGE AND RUBBISH COLLECTION AGREEMENT WITH WESTERN WASTE INDUSTRIES , INC. ; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Hoog moved for adoption. Mr. Randels moved to amend the Resolution, adding the following section: That discussion begin within the next 30 days to negotiate a long term contract for garbage and rubbish collection. Mr. Miller seconded the motion. Mayor Salamone restated the motion. CITY COUNCIL REGULAR MEETING APRIL 18, 1988 PAGE 1 OF 4 Discussion followed. Vote on the amendment was unanimous. Vote on the main motion was unanimous. Resolution No. 89-17 , as amended, was adopted. 4. Resolution No. 89-18 Interlocal Agreement with Brevard County for Correctional Facilities Impact Fee 5. Resolution No. 89-19 Interlocal Agreement with Brevard County for Transportation Impact Fee 6. Resolution No. 89-20 Interlocal Agreement with Brevard County for Emergency Services Impact Fee City Attorney Theriac advised that the proposed interlocal agree- [1r ments for Correction Facilities and Transportation Impact Fees had been entered into by Brevard County and the City of Melbourne. He further noted that the County was requesting no action on the agreement for the emergency services impact fee at this time. Mr. Hoog moved to adopt Resolution No. 89-18. Mr. Miller seconded motion. Mayor Salamone read the title of the Resolution as follows: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PARTICIPATE IN THE BREVARD COUNTY CORRECTIONAL FACILITIES IMPACT FEE; PROVIDING AN EFFECTIVE DATE. City Manager Nicholas voiced concern with several areas of the pro- posed emergency services interlocal agreement and noted he also had the same concerns with the proposed agreement for transportation services. Discussion followed. It was the consensus of Council to invite members of the County Attorney ' s staff to attend a future workshop meeting to address these issues . Mr. Randels moved to table Items 4 , 5 , and 6 . Mr. Miller seconded the motion. Motion carried unanimously. Resolution No. 89-18, Resolution No. 89-19 and Resolution No. 89-20 were tabled. 7. Resolution No. 89-21 Appointment of Zoning Board of Adjustment Member A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Miller seconded motion. Motion carried unan- imously. Mr. Patrick Lee was appointed as second alternate member of the Zoning Board of Adjustment. 8. Resolution No. 89-22 Appointment of Library Board Members A RESOLUTION APPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption, appointing Geraldine Vavrek as a regular member and George Farrell , Jr. as first alternate member. Mr. Hoog seconded the motion. Motion carried unanimously. 9. Motion Re: Authorizing Additional Code Enforcement Personnel Mr. Nicholas read his memorandum regarding additional Code Enforce- ment personnel, a copy of which is attached hereto and made a part hereof by reference. Mr. Hoog moved to accept the City Manager ' s recommendation and authorize the hiring of an additional Code Enforcement Officer and CITY COUNCIL REGULAR MEETING APRIL 18, 1989 PAGE 2 OF 4 the purchase of new equipment. Mr. Kidd seconded motion. Discussion followed. Mr. Nicholas explained that since the new code enforcement officer would be a certified Animal Control Officer, a new account would have to be established to comply with the State governmental accounting regulations. He noted that the new employee would be assigned to the Building Department. Vote on the motion to authorize the new position and purchase the necessary equipment was unanimous. 10 . Motion Re: Budget Transfers Mr. Bennett Boucher, Finance Director, reviewed the budget trans- fers, a copy which is attached hereto and made a part hereof by ref- [Iv erence. Mr. Randels moved to accept the budget transfers as presented. Mr. Miller seconded the motion. Motion carried unan- imously. 11 . Motion Re: Removal of City Manager Mayor Salamone moved that Mr. Nicholas be removed from office of City Manager due to the State of Florida Commission on Ethics ' finding of misuse of public position. Motion died from lack of a second. Mr. Hoog moved to follow the recommendation of the Commission on Ethics and fine Mr. Nicholas $1 ,500. 00 and issue a letter of re- primand. Mr. Miller seconded motion. Mr. Hoog explained that his motion would allow Mr. Nicholas the opportunity to go through the appeals process. Mr. Theriac advised that Mr. Nicholas had the absolute right to appeal the Commission' s findings , whether or not he was removed from office. Mr. Nicholas clarified that the penalties as stated in the motion were those imposed by the entire Commission on Ethics. He further noted that the City had not yet received the written findings of the Commission. Mr. Kidd suggested delaying action until the City received the Commis- sion' s written recommendation. He further suggested that the City Council not impose a fine until Mr. Nicholas completes the appeal process . Mr. Nicholas requested action on the issue not be delayed. Discussion followed. Vote on the motion was as follows : In favor, Mr. Hoog, Mr. Miller and Mr. Randels; opposed, Mr. Kidd and Mayor Salamone. Motion carried. Mr. John Teston distributed a copy of a letter requesting an appeal of the City Manager' s decision to terminate his contract for pro- viding security at the Wastewater Treatment Plant and requested an add-on item to address the issue. Mr. Hoog moved to add the following item to the agenda. Mr. Kidd seconded the motion. Motion carried unanimously. Add-on Item: Motion Re: Agreement with John Teston for Security at Wastewater Treatment Plant Mr. Kidd moved to stand behind the City Manager ' s decision to termi- nate the agreement with Mr. Teston. Mr. Miller seconded the motion. Discussion followed. Mr. Nicholas noted he had advised Mr. Teston he would allow him more time, if necessary. Mr. Hoog moved to amend the motion to allow Mr. Teston 60 days from the date of the letter. Mr. Randels seconded the motion. Motion carried unanimously. Vote on the main motion was unanimous. DISCUSSION Mr. Nicholas noted WFTV had provided a video cassette of the Library Dedication and suggested it be shown at the end of the next Workshop Meeting. CITY COUNCIL REGULAR MEETING APRIL 18, 1989 PAGE 3 OF 4 Mr. Randels reported on the status of the new dune crossovers, the library circulation and the activity report of the Cape Canaveral Volunteer Fire Department. There being no further business , the meeting was adjourned at 8: 35 P.M. Approved this 2nd day of MaY , 1989 . s C " •. 0 / J Mays" f 40.1 1 ! City Clerk • iw • CITY COUNCIL REGULAR MEETING APRIL 18, 1989 PAGE 4 OF 4 • e r r 0 - l , i City of Cape Canaveral Ali3.i 105 POLK AVENUE • P.O. BOX 326 - CAPE CANAVERAL,FLORIDA 32920 •:.. TELEPHONE 407 783-1100 CITY OF r April 11, 1989 MEMORANDUM TO: MAYOR SALAMONE AND COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: CODE ENFORCEMENT PERSONNEL At the March 30 Workshop the Council expressed an interest in providing additional personnel for Code Enforce- ment and directed that I make recommendations in this area. I have discussed this matter with Councilman Robert Hoog and with the Department Head, Mr. James Morgan. As a result of these discussions, together with my own observations, I am suggesting that the City employ one more full-time Code Enforcement Officer. This person would work Thursday through Monday and would function primarily in the area of animal control. Implementing the animal control funct- ion in the City would necessitate obtaining a vehicle with an animal containment capability. Training would also be necess- ary, which Ms. Xan Rawls of Brevard County Animal Control agreed to provide some time ago. I believe there is also a requirement for some part-time clerical assistance to help catch up on an accumulated backlog of paperwork in this Depart- ment; I do not anticipate hiring an additional full-time secret- ary for this position. I estimate an immediate one-time expense of approximately $13 , 000 . 00 to purchase a vehicle, equipment, uniforms and train- ing. Annual personnel expense, including benefits, is estimated at approximately $18 , 000 . 00 . Your suggestions and recommendations are solicited. Leo C. Nicholas LCN: lmt Attachment to Minutes April 18 , 1989 Page 1 of 1 } • A, O J i i t- ./ r. (IIP''' 4 City of Cape Canaveral ,J 4111 __ A 105 POLK AVENUE • P.O. BOX 326 -- - CAPE CANAVERAL, FLORIDA 32920 = ti_ TELEPHONE 407 783-1100 CITY OF CPR MINERAL April 11 , 1989 k 4irf - $, : r MEMORANDUMU M = TO: MAYOR SALAMONE AND COUNCIL MEMBERS r_ FROM: CITY MANAGER SUBJECT: CODE ENFORCEMENT PERSONNEL At the March 30 Workshop the Council expressed an interest in providing additional personnel for Code Enforce- ment and directed that I make recommendations in this area. I have discussed this matter with Councilman Robert Hoog and with the Department Head, Mr. James Morgan. As a result of these discussions , together with my own observations , I am suggesting that the City employ one more full-time Code Enforcement Officer. This person would work Thursday through Monday and would function primarily in the area of animal control. Implementing the animal control funct- ion in the City would necessitate obtaining a vehicle with an animal containment capability. Training would also be necess- ary, which Ms . Xan Rawls of Brevard County Animal Control agreed to provide some time ago. I believe there is also a -requirement for some part-time clerical assistance to help catch up on an accumulated backlog of paperwork in this Depart- ment; I do not anticipate hiring an additional full-time secret- ary for this position. I estimate an immediate one-time expense of approximately $13 , 000 . 00 to purchase a vehicle, equipment, uniforms and train- ing. Annual personnel expense, including benefits , is estimated at approximately $18 , 000 . 00 . Your suggestions and recommendations are solicited. --( .,.-7 �� Leo C. Nicholas LCN: lmt • BUDGET TRANSFER SUMMARY REPORT GENERAL FUND Operating Revenue Increase = $55,860 Non-Operating Revenue Decreased = 58,315 Legislative - Increased 1,120 Administration - Increased 1,500 Planning & Zoning - Increased 1,200 Public Safety - Line item adjustments only Fire Dept. - Increased 1,245 Building Dept. - Line item adjustments only Street Dept. - Increased 28,500 Animal Control - Creation of new program 24,340 Rec. Complex & Parks - No Change • Legal - Line item adjustments only Garbage Service - Increased 1,000 Non-Departmental - Decreased 61,360 LIBRARY FUND Increase in revenue .is from a transfer of funds from the General Fund Reserve Account. Line item expenditure accounts were adjusted to reflect expenses incurred for utilities, furniture and change orders for the building. BEAUTIFICATION FUND No change - Line item expenditure adjustments and establishment of an awards account. SEWER FUND No change - Line item expenditure adjustments -1- Attachment to Minutes of April 18 , 1989 Page 1 of 4 BUDGET TRANSFERS • GENERAL FUND REVENUE ADJUSTED ACCOUNT NO. DESCRIPTION INCREASE DECREASE BUDGET 001-313.2 So.Bell Franch.Fees $ 625 $ 8,125 001-313.3 City Gas Corp. Franch. Fees $ 150 3,850 001-321.1 Occupational Licenses 4,000 31,000 001-322.1 Building Permits 15,000 75,000 001-347,211 Recreation Programs 1,000 3,500 001-347.59 Recreation Fac. Rental 300 500 001-354.1 Violations of Local Ordinances 100 250 001-364.49 Sales of Fixed Assets 1,285 52,285 001-366.1 Donations from Private Sources 25,000 25,000 001-369.2 Site Plan Review Income 8,500 15,000 001-369.91 Pay Telephone Commission 200 450 001-380.2 Transfer from Fire Trust Fund 1,200 12,150 001-380.41 Transfer from Library Fd. 59,515 11,735 EXPENDITURES LEGISLATIVE 001-1-511.45 General Insurance 120 285 001-1-511.48 Promotional Activities 500 1,000 001-1-511.52 Operating Supplies 500 1,000 ADMINISTRATION 001-2-513.22 Retirement Contribution 3,000 3,690 001-2-513,461 Building & Grounds Maint. 3,500 4,500 001-2-513.52 Operating Supplies 1,000 3,650 PLANNING & ZONING 001-3-515.31 Engineering 1,200 1,700 PUBLIC SAFETY 001-4-521.34 Police Service Contract 820 556,870 001-4-521,461 Building & Grounds Maint. 400 1,200 001-4-521,523 Uniforms 420 520 FIRE DEPARTMENT 001-5-522.24 Worker's Compensation 1,245 4,995 -2- Attachment to Minutes of April 18 , 1989 Page 2 of 4 . • ADJUSTED ACCOUNT NO. DESCRIPTION INCREASE DECREASE BUDGET EXPENDITURES BUILDING DEPARTMENT $ 001-6-524.22 Retirement Contribution 300 5,030 001-6-524.52 Operating Supplies 300 1,050 STREET DEPARTMENT 001-7-541.22 Retirement Contribution 4,000 4,185 001-7-541.31 Engineering Fees 6,000 7,000 001-7-541.52 Operating Supplies 500 1,225 001-7-541.53 Street Repairs 25,000 190,780 001-7-541.532 Traffic Light Repair 1,000 2,000 ANIMAL CONTROL 001-8-562.12 Regular Salaries & Wages 9,180 9,180 001-8-562.21 FICA Taxes 46D 460 001-8-562.23 Life & Health Ins. 200 200 001-8-562.40 Travel & Per Diem 400 400 001-8-562.314 Physicals 100 100 001-8-562.52 Operating Supplies 300 300 001-8-562.523 Uniforms 400 400 001-8-562.524 Motor Fuel 300 300 001-8-562.64 Capital Equipment 13,000 13,000 LEGAL 001-13-514.40 Travel & Per Diem 55 555 001-13-514.51 Office Supplies 55 695 GARBAGE SERVICE 001-14-534.433 Dumping Charges 1,000 1,800 NON-DEPARTMENTAL 001-17-901.92 Transfer to Library Fund 32,000 32,000 001-17-901.99 Contingency 3,045 16,381 001-17-901.991 Unreserved - Non Operating 9e,315 31,885 LIBRARY FUND REVENUE 104-380.4 Transfer from General Fund 32,000 32,000 _3_ Attachment to Minutes of April 18 , 1989 Page 3 of 4 ' f BUDGET TRANSFERS LIBRARY' FUND ADJUSTED ACCOUNT NO. INCREASE DECREASE BUDGET EXPENDITURES 104-23-571.43 Utilities 2,400 2,400 104-23-571.44 Rent 600 2,400 104-23-571,461 Building & Grounds Maint. 10,000 5,000 104-23-571.62 Building 17,570 17,570 104-23-571.64 Capital Items 85,945 85,945 104-23-571.91 Transfer to General Fund 59,515 11,735 104-23-571.99 Contingency 5,000 - 0 - BEAUTIFICATION FUND 105-15-539.14 Overtime 160 400 105-15-539.25 Unemployment Compensation 1,600 1,600 105-15-539.42 Postage 50 125 105-15-539,462 Equipment Maintenance 4Q0 1,400 105-15-539.52 Operating Supplies 1,500 4,500 105-15-539.63 Landscaping 3,910 100,252 105-15-539,493 Awards & Recognitions 200 200 SEWER FUND 401-10-535.14 Overtime 5,000 12,000 401-10-535.22 Retirement Contribution 10,000 8,360 401-10-535,461 Building & Grounds Maint. 1,500 3,665 401-10-535,462 Equipment Maintenance 15,000 42,100 401-19-901.49 Miscellaneous 7,000 1,0n0 401-19-901.99 Contingency 4,500 8,200 Attachment to Minutes of April 18 , 1989 -4- Page 4 of 4