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HomeMy WebLinkAboutMinutes 02-05-1991 A n 1 CITY COUNCIL REGULAR MEETING FEBRUARY 5 . 1991 A Regular Meeting of the City Council of the City of Cape Canaveral , Florida. was held on February 1 . 1991 , 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 Secretary. Officials present were Mayor Joy Salamone : Mayor Pro Tem John Porter; Council Members Andy I: Kedzierski , Rocky Randels and Ann Thurm. Also present were City Manager. Edward Spenik; City Attorney . James Theriac; and Secretary, Evelyn Hutcherson. Mr. Porter moved to approve the minutes of the Regular Meeting of January 15 . 1991 . Mrs . Thurm seconded motion. Mayor Salamone requested that the minutes be amended under Discussion, on page two, paragraph four to read "Mayor Salamone requested that two Resolutions sponsored by the Space Coast League of Cities and the Emergency Management Plan be placed on the next workshop agenda for discussion. " Motion carried unanimously. The minutes , as corrected were approved. Mayor Salamone presented a Key to the City to Adrienne Voelker, Flowers by Adrienne , and Randy O' Brien, American Boom and Barrier , for their support of our troops in Desert Storm. Ms . Voelker supplied yellow ribbons for City Hall and Mr. O ' Brien generously supplied the material for the ribbons to any person who wanted to show their support for our troops in the Mideast. New Business 1 . Ordinance No. 1-91 Establishing and Imposing Ad Valorem Tax for Fire/Rescue Services (First Reading and Public Hearing) AN ORDINANCE ESTABLISHING AND IMPOSING AN AD VALOREM TAX NOT TO EXCEED . 25 MILL ON ALL REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING SAID TAX REVENUE SHALL BE APPROPRIATED FOR FIRE/RESCUE SERVICES ; PROVIDING THAT THE BREVARD COUNTY TAX COLLECTOR SHALL COLLECT SAID TAX; PRO- VIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve First Reading. Mr. Kedzierski seconded motion. Mr. Porter spoke in favor of the proposed Ordinance. Vote on the motion was unanimous . Ordinance No. 1-91 was approved on First Reading. 2. Ordinance No. 2-91 Establishing and Imposing Ad Valorem Tax for Police Protection (First Reading and Public Hearing) AN ORDINANCE ESTABLISHING AND IMPOSING AN AD VALOREM TAX NOT TO EXCEED . 5 MILL ON ALL REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING SAID TAX REVENUE SHALL BE APPROPRIATED FOR POLICE PROTECTION; PROVIDED THAT THE BREVARD COUNTY TAX COLLECTOR SHALL COLLECT SAID TAX; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve First Reading. Mr. Kedzierski seconded motion. Vote on the motion was unanimous . Ordinance No. 2-91 was approved on First Reading. CITY COUNCIL REGULAR MEETING February 5. 1991 Page 1 of 6 3 . Ordinance 3-91 Amending Chapter 626 , Life Safety Code , by adopting 1985 NFPA #101 Code (First Reading and Public Hearing) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 626 , LIFE SAFETY CODE, OF THE CODE OF ORDINANCES BY ADOPTING THE 1985 REVISION OF THE LIFE SAFETY CODE , REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance . Mr. Kedzierski moved to approve First Reading. Mrs . Thurm seconded motion. Vote 111. on the motion was unanimous . Ordinance No. 3-91 was approved on First Reading. 4 . Ordinance 4-91 Amending Chapter 701 , Animals Controlled, regarding Appeal Process (First Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 701 , ANIMALS CONTROLLED OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE APPEAL PROCESS ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Ordinance . Mr . Randels moved to approve First Reading. Mr. Kedzierski seconded motion. Mr. Fred DeStasio stated that people should have an opportunity to appeal to the Code Enforcement Board first. Discussion followed. Vote on the motion was as follows : In favor , Mr . Kedzierski , Mr. Porter , Mr. Randels and Mayor Salamone ; Opposed, Mrs . Thurm. Ordinance No . 4-91 was approved on First Reading. 5 . Resolution No. 91-2 Supporting Legislation regarding Assessment of Ad Valorem Taxes A RESOLUTION OF THE CITY OF CAPE CANAVERAL SUPPORTING STATE WIDE LEGISLATION TO REQUIRE ASSESSMENT FOR AD VALOREM TAX PURPOSES OF NEW AND IMPROVED CONSTRUCTION AT THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. Mr. Randels spoke in favor of the Resolution noting that it could be as lona as 18 months after a Certificate of Occupancy was issued before the property goes on the tax roll . Vote on the motion was unanimous . Resolution No . 91-2 was adopted. 6 . Resolution No. 91-3 Supporting Legislation regarding Release of Persons Arrested for DUI A RESOLUTION OF THE CITY OF CAPE CANAVERAL , FLORIDA, URGING THE BREVARD COUNTY LEGISLATIVE DELEGATION TO SPONSOR, SUPPORT AND ACTIVELY WORK TO PROCURE ENACTMENT OF STATEWIDE LEGISLA- TION PROHIBITING THE RELEASE FROM POLICE CUSTODY OF ANY PERSON ARRESTED FOR THE OFFENSE OF DUI WITHIN 24 HOURS AFTER SUCH PERSON' S ARREST; REQUIRING IMPOUNDMENT DURING SUCH 24-HOUR PERIOD OF THE VEHICLE BEING OPERATED BY THE PERSON ARRESTED FOR DUI ; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr . Porter seconded motion. Mr . Kedzierski inquired if there had been a response from the Florida Bar . Attorney Theriac stated that this legislation would give attorneys more CITY COUNCIL REGULAR MEETING February 5 , 1991 Page 2 of 6 information to attack DUI ' s since it disallows the presumption of innocence. Mr . Kedzierski and Mayor Salamone spoke in favor of the legislation. Vote on the motion was unanimous . Resolution No. 91-3 was adopted. 7 . Resolution No. 91-4 Adopting Certain Street Names A RESOLUTION OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA. APPROVING THE NAMES OF CERTAIN STREETS ; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr . Kedzierski moved for adoption. Mr. Porter seconded motion. Mr . Spenik noted that this Resolution would establish those streets to be added on County maps . Vote on the motion was unanimous . Resolution No. 91- • 4 was adopted. lko 8 . Resolution No. 91-5 Requesting the Legislature to Continue Funding the Florida Institute of Government A RESOLUTION OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO CONTINUE FUNDING THE INSTITUTE OF GOVERNMENT; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mrs . Thurm moved for adoption. Mr . Kedzierski seconded motion. Mr . Porter and Mr. Randels spoke in favor of the motion. Vote on the motion was unanimous . Resolution No. 91-5 was adopted. 9 . Resolution No . 91-6 Problems at Cape Canaveral Post Office A RESOLUTION OF THE CITY OF CAPE CANAVERAL . BREVARD COUNTY, FLORIDA, REQUESTING THE UNITED STATES POST OFFICE TO EXPEDITE A REMEDY TO THE SAFETY PROBLEMS AT THE CAPE CANAVERAL POST OFFICE; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr . Kedzierski moved for adoption. Mrs . Thurm seconded motion. Discussion followed. Vote on the motion was unanimous . Resolution 91-6 was adopted. 10 . Motion Re : Acceptance of 1989-90 Audit Mrs . Thurm moved to accept the audit . Mr . Kedzierski seconded motion. Mr . Randels spoke in favor of the motion and recommended recognition of City staff and the Finance Department . Vote on the motion was unanimous . 11 . Motion Re: Requesting Dobson , Biernina, Duffey and Rosenfield to Prepare Proposal for Contract Compliance Review of Sheriff and Fire Department Contracts Mr . Kedzierski so moved. Mr . Porter seconded motion. Mrs . Thurm %. spoke against the motion. She noted that the compliance review was not mandated by law and voiced the opinion that it may cause ill feelings with the Volunteer Fire Department and the Sheriff ' s Department . She further noted that if a review were required, it should be done by an independent auditing firm, not the City' s auditors . Mayor Salamone stated it was the Council ' s fiscal responsibility to be accountable for the ad valorem tax revenue which would be collected for fire and police protection. Mr. Kedzierski concurred. CITY COUNCIL REGULAR MEETING February 5 . 1991 Page 3 of 6 Chief David Sargeant , of the Cape Canaveral Volunteer Fire Depart- ment , addressed the Council . Chief Sargeant explained that the Fire Department would have no problem with a contract review. He further noted that they would agree to an independent audit of their books , if it was specified in their contract with the City. Chief Saraeant stated the Fire Department would obiect to an audit being conducted by the City ' s Auditors . Discussion followed. Mr . Kedzierski pointed out that what was under consideration was a motion to conduct a contract compliance review, not an audit. He further noted that he agreed with Chief Sargeant that if an audit were required it should be done by an independent auditor and should be specified in the contract. Mr. Porter spoke in favor of the motion. Mr . Randels voiced con- 111. cern about how the departments would be approached. Mr. Spenik advised that he would lay the groundwork for the compliance reviews . The vote on the motion was as follows : In favor , Mr. Kedzierski , Mr. Porter and Mayor Salamone; Opposed , Mr . Randels and Mrs . Thurm. Motion carried. 12 . Motion Re : Authorizing City Manager and Staff to Pursue Annual Requirements Set Forth in Chapter 662 , Concurrency Management System Mr. Randels so moved. Mrs . Thurm seconded motion. Vote on the motion was unanimous . 13 . Motion, Re : Authorizing City Manager to Determine Cost for Engineering Study of North Atlantic Avenue Mr. Kedzierski so moved. Mr . Porter seconded motion. Mr. Spenik outlined the scope of the study and noted that the cost of the study could be shared with other governmental entities . Discus- sion followed. Vote on the motion was unanimous . 14 . Motion Re: Authorizing Funds for Patriot ' s Day Parade Mr. Randels moved to authorize the expenditure of up to one thousand dollars ($1 , 000) , at the disposal of the Mayor , for promoting the Patriot ' s Day Parade . Mr. Kedzierski seconded motion. At Mr . Spenik ' s request , Mr . Randels moved to amended his motion to allow the use of City vehicles in the parade. Mr. Porter seconded the motion. The City Manager was requested to determine if additional insurance was required. Mayor Salamone reported that the City was getting a lot of support from the local businesses and some private donations . She confirmed that members of Council would participate in the parade . Vote on the motion to amend was unanimous . Vote on the main motion was unanimous . 15 . Motion Re : Adoption of Emergency Management Plan litow Mr. Kedzierski so moved. Mr. Porter seconded motion. Mr . Randels spoke in favor of the motion. Mayor Salamone complimented the City Manager on the detailed plan that had been put together. Mr . Spenik acknowledged that the Staff had been involved so they would know how to participate and work together. Discussion followed. Vote on the motion was unanimous . CITY COUNCIL REGULAR MEETING February 5 , 1991 Page 4 of 6 16 . Motion Re: City Manager ' s Request to Change Pension Eligibility Mr. Kedzierski so moved. Mr. Porter seconded motion. Attorney Theriac advised that Mr . Spenik ' s request to participate in the ICMA (International City Manager ' s Association) plan would have no affect on the City ' s plan. Mr. Theriac further noted that it needed to be determined if the ICMA Plan was qualified under the IRS Code . Mrs . Thurm stated that she had no objection to the City Manager having his pension plan with another organization; however, his request was that the City make his pension eligibility effective November 1 , 1990 . She noted that the pension for all employees required a waiting period of one year for eligibility and four years to be vested. Discussion followed. Mr . Spenik pointed out that unlike other employees , the City Manager was appointed to serve at the pleasure of Council . He further noted he had never heard of a City Manager being required to serve a probationary period or not being allowed to go into a pension plan upon employment . He pointed out he had inquired about the City' s participation in the ICMA pension plan during his interview and assumed that retirement benefits came with the salary. Mr . Spenik added that this information should have been included in the job advertisement . Discussion followed. Mr. Kedzierski spoke in favor of the motion. Mr . Leo Nicholas addressed Council and stated if they approved the motion they would in effect be granting Mr . Spenik a 7% increase in salary. Mayor Salamone requested that this item be postponed until the next Workshop Meeting and requested the City Clerk conduct a survey of City Manager ' s pension plans in other municipalities . Mr. Randels moved to postpone this item until the next Workshop Meeting. Mr . Kedzierski second motion. Motion carried unanimously. Discussion Mr. Spenik noted that in October , 1990 , the City Council had requested the City participate in the Adult Literacy Program. He explained that the original correspondence received from the Secretary of State , Jim Smith, requested two hours a week for a period of 26 weeks . Mr. Spenik noted that City Clerk , Jan Leeser , had volunteered to become a tutor and when she attended an orientation session last week she was told it would involve three hours a week for a minimum of one year . Discussion followed. Mr. Spenik will obtain additional information on the program prior to the next Workshop Meeting. Mr. Theriac advised that the City had received a request to waive the $2 , 011 . 83 court costs in the Judith Myers lawsuit , in exchange for her agreeing not to appeal the decision. Discussion followed. It was the consensus of Council to waive the costs . Mr. Theriac further noted that the City had been placed on notice of a possible negligence suit by the estate of Sarah DeClue , a girl who was killed while crossing AlA. Mr. Randels reported on the Florida League of Cities Pre- legislative Conference he recently attended and distributed infor- mation he had received at the conference . Discussion was held on the new ethics law requiring registration for lobbyists . Mr . Theriac was directed to research the matter . CITY COUNCIL REGULAR MEETING February 5 , 1991 Page 5 of 6 f i i i i 1 Mr. Porter suggested Council be represented at the upcoming DOT [ public hearing on widening of AlA. This item will be discussed further at the next Workshop Meeting. Discussion followed. Mr. r Porter reported that he was pursuing the joint meeting with the t Canaveral Port Authority. Mr. Kedzierski inquired if the Mayor ' s breakfast business meetings f were still being held. The Mayor stated they were. Mayor Salamone reported on the recent meeting regarding the proposed utility corridor. She reviewed material she had dis- tributed to the Council and noted the next meeting was scheduled for February 22nd at 1 : 30 P.M. at the Orlando airport. Discussion followed. T Mayor Salamone noted that after reviewing the Finance Director ' s Report which was presented at the Workshop Meeting, she had 1 concerns about the anticipated loss of revenues . Mr. Spenik and 1` Finance Director , Bennett Boucher, were directed to prepare budget adjustments to be presented at the next Workshop Meeting. There being no further business , the meeting adjourned at 9:50 p.m. Approved this 19th day of February , 1991 . i'',,i 411kVA (? , / • ' . mi yoy }/X C ty Clerk Er CITY COUNCIL REGULAR MEETING February 5, 1991 Page 6 of 6