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HomeMy WebLinkAboutMinutes 11-19-1991 CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1991 A Regular Meeting of the Cape Canaveral City Council was held on November 19, 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 Salamone; Mayor Pro Tem, John Porter; Council Members, Andy Kedzierski, Rocky Randels and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and, City Clerk, Jan Leeser. Mr. Porter moved to approve the minutes of the Combined Workshop and Regular Meeting of November 7, 1991. Mrs. Thurm seconded motion. Mayor Salamone requested that Item 12 on page 5 of the minutes be amended to read that it was Mr. Clyde Poor who stated that the fees being waived were approximately $2. 00 per week. Mayor Salamone noted that further research has shown that the actual fees were $12. 00 per hour. She further requested that Item 13 on page 5 include the installation of a monitoring system. Vote on the motion was unanimous. The minutes, as amended, were approved. Mr. Terry Corkery, with Transportation Consulting Group, reviewed the graph depicting the traffic counts with the Council. He explained that all the City arterials looked good from a concurrency position and that the traffic had, in fact, decreased in many areas of the City. Mr. Corkery advised that the City needed to establish a certain date to use on all traffic studies. Discussion followed. It was the consensus of Council that the third week in February, or no later than the first of March, should be utilized. Mr. Corkery noted that his organization would be starting next year 's study in the near future. At this time, Mayor Salamone read a letter from Rev. Joe Mutter of the First Baptist Church in Cape Canaveral regarding the Thanksgiving Food Drive they were conducting, in conjunction with the Cape Canaveral Volunteer Fire Department. UNFINISHED BUSINESS 1. Ordinance No. 11-91 Amending Chapter 535, Sewer Impact Assessment by Establishing Offsite Sewerage Pumping Charges (Second Reading and Public Hearing) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 535, SEWER IMPACT ASSESSMENT; ADDING A SECTION WITH RESPECT TO OFFSITE SEWERAGE PUMPING CHARGES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved for adoption. Mrs. Thurm seconded motion. Mr. Randels spoke in favor of the Ordinance. Vote on the motion was unanimous. Ordinance No. 11-91 was adopted on Second Reading. NEW BUSINESS 1. Oath of Office for Mayor City Attorney, Jim Woodman, gave the Oath of Office to Mayor Joy Salamone. Ms. Helen Filkins, President of the Cape Canaveral City Council Regular Meeting November 19, 1991 Page 1 of 5 Citizens Association, presented flowers to Mayor Salamone and thanked her for her leadership. Mayor Salamone called for a five-minute recess. The meeting was reconvened at 8:02 P.M. 2. Resolution No. 91-51 Authorizing Donald Arabian to Explore the Utilization and Acquisition of Property Fronting on the Banana River A RESOLUTION OF THE CITY OF CAPE CANAVERAL APPOINTING DON ARABIAN TO EXPLORE THE UTILIZATION AND ACQUISITION WITH THE PRINCIPAL GOVERNMENT AGENCIES OF TWENTY-EIGHT (28) ACRES OF LAND FRONTING ON THE BANANA RIVER THAT IS OWNED BY THE RESOLUTION TRUST CORPORATION AND TO AUTHORIZE THE (W EXPENDITURE OF UP TO FIVE HUNDRED DOLLARS ( $500. 00) FOR INCIDENTALS TO BE APPROVED BY THE CITY MANAGER OR MAYOR; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. It was noted that the words "Resolution Trust Corporation" needed to be deleted from the title. Motion carried unanimously. 3. Resolution No. 91-52 Appointing Members to the Planning and Zoning Board A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mayor Salamone moved for adoption, appointing Mr. Fred DiStasio as a Regular Member; Cecil Everett as First Alternate Member; and, Catherine Barnes as Second Alternate Member. Mr. Porter seconded motion. Discussion followed. Mrs. Thurm and Mr. Randels voiced the opinion that Mr. Everett should be appointed as a Regular Member. Mayor Salamone and Mr . Porter spoke in favor of the motion on the floor. Discussion continued. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Porter, and Mayor Salamone; opposed, Mr. Randels and Mrs. Thurm. Motion carried. Resolution No. 91-52 was adopted. 4. Resolution No. 91-53 Appointing Members to the Code Enforcement Board A RESOLUTION APPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mayor Salamone moved for adoption, appointing Ms . Marianne Sheffield as a Regular Member, Mr. Ivan Ross Marks as First Alternate Member, and, Dr. Leon Eldredge as Second Alternate Member. Mr. Kedzierski seconded motion. Mr. Randels moved to amend by appointing Eric Altonen as First Alternate Member. Mrs. Thurm seconded motion. Discussion followed. Vote on the motion to amend was as follows: In favor, Mr. Randels and Mrs. Thurm; opposed, Mr. Kedzierski, Mr. Porter and Mayor Salamone. Motion failed. Mr. Porter moved to amend by appointing Dr. Eldredge as First Alternate Member and deleting Section 3, thereby not appointing a Second Alternate Member. Mr. Kedzierski seconded motion. Vote on the motion was as follows : In favor, Mr. Kedzierski, Mr. Porter, Mr. Randels and Mayor Salamone; opposed, Mrs. Thurm. Motion carried. City Council Regular Meeting November 19, 1991 Page 2 of 5 Vote on the main motion was unanimous. Resolution No. 91-53 was adopted, appointing Ms. Sheffield as a Regular Member in the Business Person designation; and, Dr. Eldredge as First Alternate Member in the Citizen-at-Large category. 5. Resolution No. 91-54 Appointing Members to the Recreation Board A RESOLUTION APPOINTING A MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mayor Salamone moved for adoption, appointing Mr. Eric Altonen as First Alternate Member and Mr. John Maloney as Second Alternate Member. Mr. Porter seconded motion. Motion carried unanimously. 6. Resolution No. 91-55 Electing Mayor Pro Tem A RESOLUTION ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mayor Salamone moved for adoption, appointing Mr. John Porter as Mayor Pro Tem. Mr. Randels seconded motion. Mayor Salamone expressed her appreciation to Mr. Porter for serving in this capacity the past year. Discussion followed. Vote on the motion was unanimous. 7. Motion Re : Executive Board Member and Voting Delegate for Space Coast League of Cities Mayor Salamone moved to appoint Mr. Randels as the Space Coast League of Cities Executive Board Member and Voting Delegate. Mr. Porter seconded motion. Discussion followed. Vote on the motion was unanimous. Mayor Salamone thanked Mr. Randels for serving the City in this capacity. 8. Motion Re : Smoking Policy at City Hall and Compliance with Florida Statute on Clean Air Mayor Salamone read a portion of Section 386. 205 of the State Statute, as follows: "Smoking areas may be designated by the person in charge of a public place. " She advised that it was her opinion that the law was clear and that the Council should not adopt a policy statement; that it should be the decision of the City Manager. Mr. Kedzierski stated that he was in favor of deferring this decision to the City Manager. Discussion followed. Mr. Porter voiced the opinion that the City Manager had made a very difficult, but very good, decision by banning smoking in City Hall. Mr. Kedzierski advised that his position was that smoking does not belong in a public building. Mrs . Thurm noted that she was not in favor of Mr. Spenik 's suggestion of moving offices around to make a smoking area inside City Hall. Ms. Mary Wheeler requested that any proposed action take into consideration the citizens coming into City Hall. Discussion followed. Mayor Salamone moved that all smoking areas be designated by the person in charge of the public place. Motion failed for lack of a second. Mr. Randels moved that to provide a smoke-free public place as outlined in State Statute 386, the area immediately east of the City Hall building be designated as the smoking area and that a gazebo be purchased and installed to protect those desiring to City Council Regular Meeting November 19, 1991 Page 3 of 5 use their breaks for smoking. Mrs. Thurm seconded motion. Discussion followed. Vote on the motion was as follows : In favor, Mr. Randels and Mrs. Thurm; opposed, Mr. Kedzierski, Mr. Porter and Mayor Salamone. Motion failed. Mrs. Thurm noted that Mr. Spenik had made a decision a few months ago not to allow smoking in City Hall and inquired if he planned to make any changes to the present policy. Mr. Spenik stated that he had no comment at that time. Mrs. Thurm requested that the record reflect that it was her opinion that something was going on that had nothing to do with the smoking policy. 11009. Motion Re: City Employee 's Request for Training Mayor Salamone moved to approve the training request of the Code Enforcement Officer/Building Inspector, in the amount of $25.00. Mrs. Thurm seconded motion. Discussion followed. Motion carried unanimously. 10. Motion Re: Waiving Shuffleboard Fees for Brevard County Special Olympics Mr. Porter so moved. Mrs. Thurm seconded motion. Motion carried unanimously. 11. Motion Re : Authorization to Bid for WWTP Laboratory Consulting Services Mr. Randels so moved. Mr. Porter seconded motion. Discussion followed. Motion carried unanimously. 12. Motion Re: Recertification as Tree City USA Mr. Salamone moved to apply to recertification as a Tree City. Mrs. Thurm seconded motion. Motion carried unanimously. 13. Motion Re: Employee Birthday Exchange for 1991 Mr. Randels moved to accept the City employees petition to switch their birthday holiday for 1992 to December 23, 1991. Mr. Porter seconded motion. Discussion followed. Vote on the motion was unanimous. 14. Motion Re: Florida 's Space Coast Film Commission Request Mayor Salamone moved to authorize the City Manager to approve filming in the City, if there is no cost involved. Mr. Porter seconded motion. Discussion followed. Vote on the motion was unanimous. 15. Discussion Re : DER Permit to be Granted Regarding Coastal Fuels Marketing It was noted that a legal ad had been published regarding Coastal Fuel 's request to construct an incinerator for the purpose of heating asphalt and fuel oil. Mr. Woodman explained some of the particulars of the request and noted this item would be reviewed by the Planning and Zoning Board during the site plan review process . It was pointed out that coastal fuels may be in violation of the Special Exception that was granted by the City. Discussion followed. Mayor Salamone moved to file a petition for an administrative hearing as soon as possible regarding Coastal Fuel 's request, and authorizing the expenditure of up to $3, 000. 00 for engineering services. Mr. Randels seconded motion. Discussion continued. City Council Regular Meeting November 19, 1991 Page 4 of 5 Mr. Porter moved to amend the motion to authorize the expenditure of up to $2, 999.00. Mr. Kedzierski seconded motion. Vote on the amendment was unanimous. Vote on the main motion on the floor was unanimous. Mr. Woodman was directed to take the appropriate steps to file a request for an administrative hearing. 16. City Attorney 's Report Mr. Woodman advised that he had rendered a written opinion regarding the Consultant 's Competitive Negotiations Act. He further reported on the status of the Royal Mansions and Cape [I, Winds Lawsuits. DISCUSSION Mr. Randels reported on a meeting he had recently attended regarding DNR's proposed rules on marine turtles and beach nourishment projects. He also reported on the Florida League of Cities Pre-legislative Conference. Ms. Mary Wheeler extended her thanks to the Mayor and Council Members for serving the community. Mr. Kedzierski extended a compliment he had received from his boss regarding the professional manner in which Mrs . Nancy Hanson, Recreation Director, had conducted the recent racquetball tournament. There being no further business, the meeting was adjourned at 9; 50 P.M. Approved this 3rd day of December , 1991. i; `( iii i 0.--- N....SQLPO-c------ri--C.)---3- - -o/ Ma or ` ' J,"4 .. -�// /moi L ).r 4141-.Q.4 : ity Clerk 1[ City Council Regular Meeting November 19, 1991 Page 5 of 5