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HomeMy WebLinkAboutMinutes 04-02-1991 Workshop and Regular CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING APRIL 2, 1991 A Combined Workshop and Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on April 2, 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 City Clerk . Officials present were Mayor Joy Salamone; Mayor Pro Tem, John Porter; Council Members 110 Andy Kedzierski and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, Jim Theriac; and City Clerk, Janet Leeser. Mr. Randels was out-of-town. Mr. Porter moved to approve the minutes of the Regular Meeting of March 19, 1991 . Mrs . Thurm seconded motion. Mr. Kedzierski requested the minutes be corrected by changing the word "premature" to the word "inappropriate" , on the fourth line of the first paragraph on page two. Vote on the motion was unanimous. The minutes, as corrected, were approved . Presentation by Brevard County on Plans for Expansion of Jetty Park County Commissioner, Karen Andreas, introduced members of the the County staff . Ms . Gwen Heller explained that the County had been working on the expansion plans for several years; they had purchased several separate parcels of property, and were planning to proceed with condemnation of parcels that they had been unable to purchase . Mr. Chuck Nelson reviewed the conceptional drawing of the expansion and noted that there were plans for developing 16 additional RV sites, with very little infringement on the newly acquired land . He further noted that for the most part the land would be kept in its natural state, to serve as a buffer zone, with perhaps some tent campsites in the future . Discussion followed . Concern was raised over the County not keeping the City informed of their plans since the expansion was located within the jurisdiction of the City. Ms. Andreas assured Council that they would be kept informed of future plans. UNFINISHED BUSINESS 1 . Motion Re : Beautification Board 's "Adopt-A-Tree Program" Mr. Porter moved to approve the Beautification Board ' s "Adopt- A-Tree" Program. Mr. Kedzierski seconded motion. It was explained that the program would allow citizens to have a tree planted in memory of a loved one, with a bronze plaque installed by the tree . Mr. Spenik advised that the cost of the plaque, including installation, would be $150. 00, which would be paid for by the person adopting the tree. He further noted the City would control where on City property the trees were planted, trying to accommodate a specific request, if possible. Mayor Salamone suggested that the names be listed on a plaque placed either in the library or City Hall, rather than on individual plaques placed by the trees . Ms . Judy Randels, Chairman of the Beautification Board, addressed Council on the project. Mrs . Thurm and Mr. Kedzierski spoke in favor of the motion . Vote on the motion was as follows: In favor, Mr. Kedzierski , Mr. Porter and Mrs. Thurm; Opposed, Mayor Salamone . Motion carried. This motion was clarified when the meeting was reconvened on April 3rd . City Council Combined Workshop & Regular Meeting April 2, 1991 Page 1 of 7 NEW BUSINESS 1 . Resolution No. 91-15 Objecting to the Construction of the South Jetty Extension Prior to the Construction of the Sand Transfer Facility at Port Canaveral A RESOLUTION OBJECTING TO THE EXTENSION OF THE SOUTH JETTY PRIOR TO THE CONSTRUCTION OF THE SAND TRANSFER FACILITY AT PORT CANAVERAL; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mrs. Thurm moved for adoption. Mr. Porter seconded motion. Mrs . Thurm explained that at a News Conference called by the Canaveral Port Authority they had accused the City of voting against the sand transfer facility. She noted that even though the City had voted against a Resolution, considered as an add-on item at the last meeting, they have over the years adopted several 1110 Resolutions in favor of the facility, one as recently as December, 1990. Mr. Kedzierski explained that there seemed to be some misunderstanding of the issues involved . Discussion followed on possible amendments . Mayor Salamone called for a five-minute recess to allow the City Attorney to work on the proposed amendments . When the meeting was reconvened , Mayor Salamone moved to amend the Resolution as follows: delete the last two Whereas ' , add a new section to read : "That the Secretary of the Army and the Congress of the United States continue to fulfill the obligation that was made in 1962 by authorizing the funding of the vital project" ; and to amend the title to read as follows: A RESOLUTION REQUESTING APPROPRIATIONS AND CONTINUED SUPPORT FOR THE CANAVERAL BYPASS FACILITY AND EXTENSION OF THE SOUTH JETTY; PROVIDING AN EFFECTIVE DATE. Mr. Porter seconded motion . Mayor Salamone read the Resolution in its entirety. Vote on the motion was as follows: In favor, Mr. Porter, Mayor Salamone and Mrs. Thurm; opposed, Mr. Kedzierski . Motion to amend carried . Vote on the main motion was as follows: In favor, Mr. Porter, Mayor Salamone and Mrs. Thurm; opposed, Mr. Kedzierski . Resolution No. 91-15, as amended , was adopted . 2. Resolution No. 91-16 Interlocal Agreement with Brevard County for Allocation of Funds collected from Proposed One- Cent Sales Tax A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR THE ALLOCATION OF FUNDS UNDER THE ONE-CENT INFRASTRUCTURE SALES TAX IF PASSED BY REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE Mr. Porter moved for adoption. Mrs. Thurm seconded motion. It was pointed out that the County will reconsider this issue and may have a referendum for construction of the jail only. Discussion followed. Mayor Salamone noted that Council needed to approve the interlocal agreement in case the issues were not separated by the County. She further requested a Resolution be placed on the next Workshop Meeting agenda to support the break out of the issues. Vote on the motion was unanimous. Resolution No. 91-16 was adopted. City Council Combined Workshop & Regular Meeting April 2, 1991 Page 2 of 7 3. Resolution No. 91-17 Interlocal Agreement with City of Cocoa regarding Delinquent Sewer Accounts A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF COCOA REGARDING DELINQUENT SEWER ACCOUNTS; PROVIDING AN EFFECTIVE DATE Mayor Salamone read the title of the Resolution. Mr. Kedzierski moved for adoption. Mrs . Thurm seconded motion. Mr. Spenik advised that the agreement would allow the City of Cocoa to cut off water service to sewer customers who were delinquent in the payment of their accounts, thereby eliminating the need to plug [Or the sewer line by City employees. Discussion followed . Vote on the motion was unanimous. Resolution No. 91-17 was adopted . 4. Motion/Discussion Re : Preliminary Approval, Hidden Bay RPUD Mayor Salamone read a letter from the developer requesting this item be withdrawn from the agenda. 5. Motion/Discussion Re : Award of Bid No. 91-1 , Refurbishment of 1978 Pierce Fire Truck Mr. Spenik advised that there was only one bidder, Southern Coach, Inc. He recommended that the City accept the alternate bid of $78, 685.00, which would include complete refurbishment; new cab and chassis; and , a new 250 HP International engine . He further noted that after refurbishment the fire truck would be titled as a 1991 vehicle. Discussion followed . Mr. Porter moved to award the bid to Southern Coach, Inc. in accordance with the Fire Chief ' s and City Manager 's recommendation. Mr. Kedzierski seconded motion. Mrs . Thurm spoke in favor of the motion . Vote on the motion was unanimous. 6. Motion/Discussion Re : Commitment on Fire Department 800 MHz Radio Mayor Salamone advised that the Fire Department was requesting a vote of confidence on the purchase of the radio system, so the Port would know the City was making a commitment on the purchase next budget year. Mr. Porter so moved . Mrs . Thurm seconded motion. Motion carried unanimously. 7. Motion/Discussion Re : Approval of Change Order for Construction of Dune Crossover at Harbor Heights Mr. Porter moved to approve the change order. Mr. Kedzierski seconded motion. Mr. Spenik advised that the change order would allow Custom Docks, who had recently constructed the crossover at Canaveral Sands, to construct the Harbor Heights crossover, for a cost of $27, 544 . 00. Mrs . Thurm spoke against the motion. Mrs. Helen Filkins voiced concern about the construction of the proposed crossover. Mr. Kedzierski spoke in favor of constructing the crossover while federal grant funds were available. Discussion continued on encouraging the citizens to use the crossover rather than the paths, once the crossover is constructed. The City Manager was directed to study the feasibility of fencing off the current paths. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Porter and Mayor Salamone; Opposed, Mrs . Thurm. Motion carried. City Council Combined Workshop & Regular Meeting April 2, 1991 Page 3 of 7 8. Motion/Discussion Re : Request for AlA Banner Permit for Beachfest Mr. Spenik advised that the City had received a request to place a banner over AlA in the City promoting Beachfest. He noted that the City would have to secure the permit and put the banner up and down. Mayor Salamone requested that the City charge an hourly rate for placement and removal of the banner. Mr. Porter moved to approve the request. Mr. Kedzierski seconded motion. Motion carried unanimously. 9. Motion/Discussion Re: Authorization to Convert Phone System to ESSX/Bell EW Mr. Spenik explained the advantages of converting to the ESSX/Bell System and how the system would enhance the mechanical phone answering system the City recently purchased . He noted the City would save $77. 40 a month. Mr. Hugh Miller from Bell Telephone addressed Council and answered their questions. Discussion followed on how the phone system would be set up. It was suggested that the phone numbers remain the same . Mr. Kedzierski moved to convert to the ESSX/Bell system. Mr. Porter seconded motion. Motion carried unanimously. 10. Motion/Discussion Re : Authorization for Repair to Sewer Jet Mr. Porter moved to authorize the repair to the sewer jet in the amount of $5, 735. 91 . Mrs . Thurm seconded motion. Motion carried unanimously. 11 . Discussion Re : Beautification and Code Enforcement of Private Property Mr. Fred DiStasio, a citizen of the City and alternate member of the Planning and Zoning Board, addressed the Council regarding encouraging the citizens of the City to adhere to the guidelines established by the City ' s Aesthetic Regulations . He suggested the month of June be designated as Clean Up Month and that the City Council and the advisory boards work together on the project. Discussion followed . Mayor Salamone moved to support the idea of Spring Clean-Up Month in June and to ask the Board Members to support the idea. Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Porter thanked Mr. DiStasio for bringing this idea to the City Council. 12. Discussion Re: Patriot 's Day Float Trailer Mr. Spenik advised that the City' s float had been built on a trailer that belonged to a City employee . He noted that since the float had turned out so well, the City may wish to purchase the trailer to keep the float intact . Discussion followed . Mr. Porter moved to purchase the utility trailer for an amount not to exceed $1 , 054. 70. Mayor Salamone seconded motion. Motion carried unanimously. Mr. Spenik was directed to reimburse the employee for the price of a used trailer. 13. Discussion Re: City Attorney's Billing Mayor Salamone advised that she was concerned over the high bill that the City had received from the attorney. She raised particular objection to an $800 . 00 charge for review of the City Council Combined Workshop & Regular Meeting April 2, 1991 Page 4 of 7 City's Pension Plan . Mr. Theriac advised that the City had nine lawsuits pending, which resulted in the high bill. He gave a brief update on the lawsuits and requested the Council schedule a closed meeting, as allowed by Statute, to discuss the litigation. The meeting was scheduled for 6 : 30 P.M. on April 16th. Mr. Theriac suggested his legal contract with the city be renegotiated . Discussion followed . This item will be discussed further at the next Workshop Meeting. Council agreed to honor Mr. Theriac ' s bill, deleting the $800.00 charge for the Pension Review. il0 DISCUSSION Due to the lateness of the hour, and in accordance with agreed upon procedures, Mayor Salamone asked if the Council Members wished to proceed with the agenda or to adjourn and continue the meeting the following night. It was the consensus of the Council to continue the meeting the following night. The meeting was adjourned at 10: 34 P.M. CONTINUATION OF COMBINED WORKSHOP AND REGULAR MEETING The meeting was reconvened on April 3, 1991 at 7: 30 P.M. 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, John Porter; Council Members Andy Kedzierski and Ann Thurm. Also present were City Manager, Edward Spenik; Deputy City Attorney, Kohn Bennett; and City Clerk, Janet Leeser. Mr. Rocky Randels was out-of-town . Mr. Spenik requested a clarification on the motion on the "Adopt-A-Tree Program" ( Item 1 , Unfinished Business) . He inquired if the intent was to have the person adopting the tree pay the cost of the tree ( $75. 00) , for a total cost of $225. 00. Council agreed that this was their intent. Mayor Salamone clarified that a new contract with the City Attorney would be discussed at the next Workshop Meeting. Mayor Salamone requested that the order of the agenda be changed to allow for the arrival of the City Engineer, Scott Spooner. Council concurred. Items 14 through 17 were discussed later in the meeting. 18. Discussion Re : Washington Avenue Beautification Project Change Order Mr. Spenik requested a change order in the amount of $5, 270. 00 to prepare the surf and lay the sod on the Washington Avenue Beautification Project. Discussion followed . Mrs . Thurm so moved. Mr. Kedzierski seconded motion. Motion carried unanimously. 19. Discussion Re : Architectural Services for Veteran 's Memorial Park Mr. Spenik advised that the City had received a proposal from Terry Stoms in the amount of $200. 00 to provide the architectural services at Veteran 's Memorial Park . Discussion followed . Mrs. Thurm moved to accept the proposal. Mr. Porter seconded motion. Motion carried unanimously. City Council Combined Workshop & Regular Meeting April 2, 1991 Page 5 of 7 20. Discussion Re: Adoption of Brevard County Taxicab Regulations Discussion was held on adopting taxicab regulations in the City. Mr. Spenik suggested the County ' s Code Enforcement Officer be invited to attend a future Workshop Meeting to discuss this item with the Council . 21 . Discussion Re: Safety Concerns at Ridgewood Avenue and Central Boulevard Mr. Spenik advised that the Sheriff"-s Department had concerns about the woods located just north of Royal Mansions . He noted that problems were the dense undergrowth and an abandoned foundation of a building in the area. He suggested the City seek assistance from the Sheriff 's Department in using the trustees to clear out the underbrush. Discussion followed . Mayor Salamone moved that the City Manager be authorized to do anything necessary to clean out the area. Mrs . Thurm seconded motion. Motion carried unanimously. 22. Discussion Re : Recertification as Tree City U.S.A. Mr. Spenik advised that the City was recertified as a Tree City for the second year and there would be a presentation made at a Beautification Board meeting. 23. Discussion Re: Library Repairs Mr. Spenik advised that Aetna, the Library ' s insurance carrier, has agreed to pay the City $12, 112. 99 for the damage to the walls at the library. Mr. Spenik explained that the cause of the problem needed to be fixed prior to the repairs being made . He recommended french drains be installed and advised the cost should not exceed $1, 500. 00 . Discussion followed . It was noted that the library would have to be closed for approximately one week while the repairs to the walls were being made. Mr. Porter moved to authorize the installation of the french drains. Mr. Kedzierski seconded motion. Motion carried unanimously. 24. Discussion Re : National Volunteer Award Mayor Salamone reviewed correspondence she had received about this award and advised Council that she had requested additional information. At this time Mr . Spooner arrived at the meeting so the Mayor returned to the following agenda items. 14. Discussion Re: Establishing Code Chapter 670, Pre-treatment of Discharge into Sewer System Mr. Spooner distributed a revised copy of the proposed ordinance . Discussion followed . This item will be placed on the next Workshop Meeting agenda for First Reading on April 16th. 15. Discussion Re : Amending LDR Code Chapter 535, Sewer Impact Fee Mr. Spooner introduced Ms. Linda Lester. Ms. Lester reviewed the Impact Fee Study conducted by Briley, Wild & Associates. She noted that the study showed the City should increase the impact fee. City Council Combined Workshop & Regular Meeting April 2, 1991 Page 6 of 7 Discussion followed on amending Chapter 535 to increase the impact fee to $2, 032 for a single family unit. It was noted that the proposed ordinance based commercial and industrial impact fees on plumbing fixture unit values rather than water usage . Mr. Spooner explained how the impact fees would be computed . Discussion continued on impact fees for modifying structures and Mr. Spooner was directed to rewrite that portion of the proposed ordinance. This item will be placed on the next Workshop Meeting agenda for First Reading on April 16th. 16. Discussion Re: Port Canaveral 's Request for 50 year Sewerage Franchise Agreement It was the consensus of Council that this item should not be considered until the study on the expansion of the wastewater treatment plant is completed by Briley, Wild & Associates. 17. Discussion Re: Stormwater Management Mr. Spenik requested that the City take a position on the City 's Stormwater Management. Mayor Salamone noted that the City had placed $50, 000 for the stormwater management study in the next fiscal year budget. Mr. Spenik voiced concern regarding meeting the state 's deadlines and also becoming a part of the Brevard County plan. Mr. Porter moved that the City proceed with the stormwater management plan autonomously from the County. Mayor Salamone seconded motion . Mrs. Thurm suggested a cost comparison be done on joining the County stormwater management system vs. implementing an independent system. Discussion followed . A representative of the County will be asked to attend a future Workshop Meeting to discuss the issue . Vote on the motion on the floor was unanimous. Items 18 through 24 were discussed earlier in the meeting. DISCUSSION Mr. Spenik reported on the triathelon, the Muscular Dystrophy Fun Day, the City Employee Picnic and the Florida League of Cities Meeting. There being no further business, the meeting was adjourned at 9 : 35 P.M. Approved this 16th day of April , 1991. Cl [0, Maor gq ty Cler City Council Combined Workshop & Regular Meeting April 2, 1991 Page 7 of 7