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Home My WebLink About05-04-1993 CITY COUNCIL REGULAR MEETING MAY 4 , 1993 A Regular Meeting of the Cape Canaveral City Council was held on May 4 , 1993 , 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. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Robert Abbott Absent Councilmember Joan Calvert Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present Deputy City Clerk (Acting) Sharon Hoover Present ADOPTION OF MINUTES: 1. Regular Meeting of April 20, 1993 . Motion by Mr. Randels, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of April 20, 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. PRESENTATIONS: 1. Presentation of Beautification Board's 1993 Spring Beautification Awards: Residential - Mr. & Mrs. Rocky Randels Multi-Family - Costa Del Sol Commercial - The Radisson Resort at the Port Mrs. Jacqueline Coates, Awards Chairman, Beautification Board, read a description of each category's award-winning landscape and presented a $25. 00 gift certificate to Mr. & Mrs. Rocky Randels and the grounds crew from Costa Del Sol. A floral arrangement was presented to Mr. Brad Cox of The Radisson Resort at the Port. OLD BUSINESS: 1. Ordinance No. 04-93 , Amending City's Code of Ordinances by Repealing Chapter 723 , entitled "Special Occupational Permits" and Renaming Chapter 723 as "Solicitors, Peddlers and Itinerant Merchants" , for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 723 , SOLICITORS, PEDDLERS, AND ITINERANT MERCHANTS; PROVIDING DEFINITIONS, REQUIRING PERMISSION TO ENTER PRIVATE PREMISES; PROHIBITING HARASSMENT; REQUIRING SOLICITOR TO LEAVE WHEN REQUESTED; PROHIBITING FRAUD, CHEATING AND MISREPRESENTATION; REPORTING OF CONVICTIONS UNDER THIS CHAPTER; REQUIRING A PERMIT; PRESCRIBING APPLICATION PROCEDURES FOR PERMIT; PROVIDING FOR INVESTIGATION, DENIAL OR ISSUANCE OF PERMIT; PROVIDING FOR REVOCATION OF PERMIT; PROVIDING NOTICE OF HEARING; PROVIDING APPEALS TO THE CITY COUNCIL; REQUIRING A BADGE FOR LICENSED SOLICITORS; REQUIRING THE EXHIBITION OF PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting May 4 , 1993 Page 2 Motion by Mr. Porter, seconded by Mrs. Calvert to approve Ordinance No. 04-93 for first reading. Mr. Randels spoke in favor of the ordinance explaining that it would be a positive step to regulate peddlers in the City of Cape Canaveral. Mr. Randels questioned Mr. Kancilia concerning enforcement of the ordinance. Mr. Kancilia explained that the ordinance could be enforced by either the Code Enforcement Board or by the Sheriff's Department. Mr. Kancilia also explained that the City would not be endorsing products but would only be issuing a permit to conduct business. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. NEW BUSINESS: 1. Discussion Re: Engineer's Report for Sewer System Revenue Bonds. Mr. Hal Schmidt, Hartman & Associates, Inc. , presented a proposal for an Engineer's Report that would be required should the City proceed with plans for Sewer System Revenue Bonds. Mr. Schmidt explained that an engineer's report was required to ensure lenders that the City would be a good financial risk. He also explained that the report could be done in conjunction with the City's Financial Consultant or Hartman & Associates, Inc. could use the figures furnished by its Financial Consultant. The total cost of the Engineer's Report would be $18 , 900. 00. Mr. Randels stated that much of the information required in the report had already been supplied to the City and questioned why the cost would be so high considering the report would only be the compilation of information already on hand. Council requested that Mr. Boucher contact Burton & Associates, Inc. , regarding preparing the financial section of the report and asked that Mr. Schmidt requote the Engineering Report based on such. Motion by Mayor Salamone, seconded by Mrs. Calvert to table this item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, Councilwoman Calvert, For; Councilman Randels, For. 2 . Ordinance No. 09-93 , Amending City's Code of Ordinances by Repealing and Reenacting Chapter 205, Purchasing, for first reading. Mayor Salamone read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SECTION 10 OF ARTICLE XVII OF THE CITY CHARTER; REPEALING ORDINANCE NO. 10-88; REPEALING AND REENACTING CHAPTER 205 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert, to approve Ordinance 09-93 for first reading. Mr. Randels spoke in favor of the ordinance stating that the City would be allowed to take into consideration performance of the contractor. City of Cape Canaveral, Florida Regular City Council Meeting May 4 , 1993 Page 3 Mayor Salamone requested that information be obtained regarding blanket purchase order information and City Manager approval limits for cities the same size as Cape Canaveral. Mr. Boucher presented a form that had been formulated by Mrs. Newberry that would be sent to prospective bidders. Mr. Boucher stated that the form would be sent to the Cape Canaveral Association of Bussinesses for comments. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 3 . Resolution No. 93-08, Establishing a New Schedule of Sewer Impact Assessment Fees. Mayor Salamone read the title of the Resolution. A RESOLUTION REESTABLISHING A NEW SCHEDULE OF SEWER IMPACT ASSESSMENT FEES, WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA, SERVICE AREA, PROVIDING AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 93-08 . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . Motion Re: Salary Survey Results and Recommendations. Motion by Mr. Porter, seconded by Mrs. Calvert to accept the Salary Survey Recommendations. Mr. Boucher explained that the adjustments reflected the market conditions for the positions effected. Mr. Leo Nicholas asked if any of the positions being adjusted were union positions. Mr. Boucher responded that the Union was pleased with the changes and that the salaries would be negotiated into their annual agreement. Mayor Salamone made a motion to table the item until a signed statement of agreement was received from the Union. Motion carried as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 5. Discussion & Motion Re: Job Descriptions for Summer Recreation Program. Motion by Mr. Randels, seconded by Mrs. Calvert to accept the recommendation of job descriptions for seasonal part time positions for the Recreation Department. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 6 . Discussion & Motion Re: Authorization to Retain Professional Attorney Services to Revise Sections of the City's Personnel Procedures. Mr. Boucher advised that Mr. John Kancilia had Mr. Robin Fawcett to revise certain sections of the City's Personnel Procedures. Mr. Fawcett had presented an estimate of $2 , 050. 00 to perform the services. Motion by Mayor Salamone, seconded by Mr. Porter to retain the services of Mr. Fawcett. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting May 4 , 1993 Page 4 DISCUSSION: Mr. John Kancilia reported that the case of Milliken vs. City of Cape Canaveral had been tried May 3 , 1993 , and reported the progress on such. Mr. Kancilia reported that the Legislature had passed a bill which would permit City Attorney's consultation with City Council in a non-public forum under certain circumstances. Mr. Kancilia suggested that the City Council contact the Governor and urge that the bill be signed. Mayor Salamone directed Mr. Boucher to send a FAX the Governor requesting such. Mr. Boucher reported that meetings had been scheduled for May 26, 1993 , for City employees and staff to discuss hurricane preparedness and recovery. The program would be presented by Mr. Tony Kaper at the Cape Canaveral Library from 10: 00 A.M. to 12 : 00 P.M. Mr. Boucher encouraged all Councilmembers to attend the meeting. Mrs. Helen Meyers requested permission to present a letter directed to Councilman Abbott. Mrs. Meyers read the letter containing questions concerning Mr. Abbott's plans to make his past research useful to the citizens of Cape Canaveral. Mrs. Calvert asked a question concerning new roofing regulations to to be incorporated in the City Codes. Mr. Boucher replied that he and the Building Official were addressing the issue and would present the information for changes to the Code as soon as possible. Mr. Porter distributed copies of a letter which responded to statements made by Mr. George Hutchinson in his memorandum of April 29, 1993 , and proceeded to read such. Mr. Randels applauded the Mayor for a letter that had been written to Brevard Correctional Institute thanking them for the volunteer work received through the Keep Brevard Beautiful Inmate Program. Mr. Randels reported on several committee meetings he had attended including the Beach Erosion Control Committee Meeting. Mr. Leo Nicholas reported that he had not yet received information regarding the Brevard County Adopt-A-Highway Program. Mayor Salamone requested that Mr. Boucher draft a resolution encouraging Brevard County's implementation of the program. Mayor Salamone requested that Mr. Kancilia write a letter to Mr. George Hutchinson in answer to his accusations that the Mayor was guilty of misfeasance, explaining to him that the City Charter provides for a discussion period during City Council Meetings. Mrs. Filkins reported that Sandy Crawford, Clerk of the Court, presented the Brevard County Commission a check for $143 , 875 . 00 which was the monies collected in fees by his office. He had stated that even though they were a State agency, he felt that since they occupied County facilities he felt it was appropriate to give the monies to the County. City of Cape Canaveral, florida Regular City Council Meeting May 4 , 1993 Page 5 There being no further business the meeting adjourned at 8 : 40 P.M. Approved this 19th day of May , CZ0_,Oa,714,0 Jo V� Salamone, MAYOR ATTEST: Sharon A. Hoover, Deputy City Clerk (Acting)