Loading...
HomeMy WebLinkAbout05-18-1993 Workshop and Regular CITY COUNCIL COMBINED WORKSHOP & REGULAR MEETING May 18, 1993 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on May 18, 1993 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 32 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 Joan Calvert Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of May 4 , 1993 . Motion by Mr. Porter, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of May 4, 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. Volunteer of the Quarter Award. Mayor Salamone presented the Volunteer of the Quarter Award to Mr. Bruce Collins, Planning and Zoning Boardmember, and thanked him for his volunteer services to the City. 2 . Kurt Ronstrom, Cape Canaveral Association of Businesses. Mr. Kurt Ronstrom presented the City with a framed photograph of a Delta Launch taken in front of City Hall. Council thanked him for the photograph and advised him that it would be hung in a prominent place within City Hall or the annex. 3 . Dr. Charles W. Pindziak re: Beautification of Central Boulevard. Mayor Salamone advised that Dr. Pindziak had asked to be removed from the agenda as he was unable to attend the meeting at this time. 4 . Presentation by Hartman & Associates, Inc. , of the Engineering Report for Bond Financing. Mr. Hal Schmidt briefed Council on the elements included in the scope of services for the Engineering Report for bond financing and that the cost would be $15, 560. Mr. Schmidt addressed Council's questions relative to the Engineering Report. Motion by Mayor Salamone, seconded by Mr. Porter to add the Engineering Report to the agenda as a motion item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. Motion by Mayor Salamone, seconded by Mr. Porter to authorize Hartman & Associates to prepare the complete Engineering Report for a cost not to exceed $15, 560. 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 Combined Workshop & Regular Meeting May 18 , 1993 Page 2 5. Presentation by Holland & Knight Re: Proposed Fee Structure for Bond Counsel for Wastewater Revenue Bonds . Mr. Richard Stephens, Jr. , explained his firm's proposal which covered all of the bond counsel services which would be provided for the proposed Waste Water Revenue Bonds, Series 1993 . He stated that Holland & Knight would prepare all of the ordinances, resolutions and bond statements applicable to the issuance of the bonds. Mr. Stephens answered questions from Councilmembers relative to bond counsel services. Motion by Mayor Salamone, seconded by Mrs. Calvert to add the selection of bond counsel to the agenda as a motion item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. Motion by Mayor Salamone, seconded by Mr. Randels to accept the recommendation of the proposed fee structure for bond counsel for Waste Water Revenue Bonds from Holland & Knight. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. Mayor Salamone moved Item No. 10 under New Business forward on the agenda. NEW BUSINESS: 10. Discussion Re: Wastewater Project Update. Mr. Hal Schmidt stated that he had met with DER representatives that day and the main discussion of the meeting had been to review the Preliminary Engineering Report and to discuss Ultraviolet (UV) Disinfection. He stated that UV was not a common method of disinfection in Florida. He stated that he recommended setting up the system to allow that after the UV disinfection the water would flow into the chlorine contact basin which would further disinfect the wastewater at a high level. He stated that the theory with DER was that the City would be monitoring and proving to DER that UV disinfection did meet high level standards. This type of process would also allow for the use of the wetlands system as a park system. He stated that DER was very receptive to the proposed UV disinfection approach. Mr. Schmidt felt that monitoring of the project would make an excellent thesis topic for university students. There was further discussion regarding the ultraviolet disinfection process and the monitoring involved in the use of same. He stated that a meeting was scheduled on May 27 , 1993 , with representatives from the ultraviolet firm. Mr. Schmidt stated that DER wanted them to submit the permit application prior to June 1, 1993 . He advised that the permit would be contingent on the wetlands system being permitted. Council concurred to move forward and submit the permit application. Mr. John White, William R. Hough & Company, summarized current market conditions. He also described a tentative schedule for the financing portion of the wastewater treatment plant expansion project. He anticipated going into the market in mid- to late August to price the bonds. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting May 18 , 1993 Page 3 PUBLIC HEARINGS: 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 second and final 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 , SPECIAL OCCUPATIONAL PERMITS; RENAMING CHAPTER 723 , SOLICITORS, PEDDLERS, AND ITINERANT MERCHANTS; PROVIDING DEFINITIONS, REQUIRING PERMISSION TO ENTER PRIVATE PROPERTY; PROHIBITING ABANDONMENT OF PROPERTY ON 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 APPLICATIONS 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. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 04-93 at second and final reading. Mr. Kancilia explained that a sentence had been added to Section 723 . 03 to clarify and define what "the absence of permission or invitation" meant in the case of a solicitor approaching a residence without invitation or permission. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 6 . Ordinance No. 09-93 , Amending City's Code of Ordinances by Repealing and Reenacting Chapter 205, Purchasing, for second and final 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. Porter, seconded by Mrs. Calvert to adopt Ordinance No. 09-93 at second and final reading. Mr. Randels expressed his concern regarding a change made to Section 205 . 17 in which the word "it" replaced "City Council" . He felt that the change took the authority from the City Council and moved it to the City (meaning the City Manager) . Mr. Kancilia stated that the intent was that when a yearly requirement of a particular item was expected to exceed $5, 000, the City Council would approve the contract for the twelve month period. He stated that "it" should read "City Council" . Mr. Randels felt that the City Council was shifting some of its responsibility to the City Manager in giving him purchasing authority up to $5, 000 at its discretion. Mr. Boucher advised that the City's auditors had previously recommended increasing the $3 , 000 bid limit. Mr. Randels stated that the City Manager would have the unlimited authority to purchase up to $5 , 000 without bids if purchased from the entities listed under Section 205 . 13 . Mr. Kancilia stated that Section 205 . 13 dispensed with the bidding City of Cape Canaveral Combined Workshop & Regular Meeting May 18 , 1993 Page 4 requirement, but it did not alter the dollar threshold. If the cost was over $5, 000, it would come before Council for approval. Mr. Boucher presented examples of when the $3 , 000 limit had been a problem for the City. Mr. Randels asked that when a purchase exceeded $3 , 000, but was under $5, 000, that the City Manager advise Council at the next Council meeting of such a purchase. Council concurred with Mr. Randels' suggestion. Motion by Mr. Randels, seconded by Mayor Salamone to amend Section 205. 17 from "when it is determined" to "when the City Council determines" in the first sentence. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. A ten-minute break was taken at this time, after which the meeting was reconvened. NEW BUSINESS: 1. Discussion & Motion Re: Mayor's Request for Council to Petition the Board of Adjustment regarding: McCauley Property. Mayor Salamone summarized the problems Mr. McCauley had with the location of the pool and screen enclosure on his property. She stated that Mr. Boucher had asked the City Engineers to review the McCauley file. In their review of the file, Dyer, Riddle brought several items to the City's attention which needed further review. She stated that she was asking the City Council for a motion for permission to ask the Board of Adjustment to reconsider the variance. Motion by Mr. Porter, seconded by Mr. Randels that the City Council petition for the reconsideration of a variance by the Board of Adjustment for Scott McCauley based on new facts. Mr. Randels stated that if the reconsideration was based on new facts, then he would support it. Mr. Porter complimented Dyer, Riddle on the thoroughness of its report on the McCauley case. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. Mayor Salamone also asked the City Council to allow her to discuss her findings with the Board of Adjustment. Council concurred. 2 . Discussion Re: Vacated City Council seat. Mayor Salamone read a letter from Arthur W. Berger, dated May 18 , 1993 , regarding the vacated City Council seat. Mayor Salamone stated that she felt that it was in the City' s best interests to select Mr. Berger for the vacant Council seat. Mr. Kancilia advised that Mr. Berger's wife would need to resign from the Code Enforcement Board prior to his being selected to fill the vacant Council seat. Council concurred to schedule the appointment at the next Council meeting. Mr. Hans Saurenmann expressed his opinion that the Council should advertise the vacant Council seat in the newspaper. 3 . Resolution No. 93-09 , Supporting the Brevard County Board of County Commissioners Application Process of Applying for Federal Anti-Drug Abuse Funds. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting May 18 , 1993 Page 5 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPORTING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION PROCESS OF APPLYING FOR FEDERAL ANTI-DRUG ABUSE FUNDS TO THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, APPROVING THE DISTRIBUTION OF THE ANTI-DRUG ABUSE FUNDS AVAILABLE FOR THE DRUG TASK FORCE INTERDICTION TEAM AND THE DRUG INTERVENTION PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Calvert to adopt Resolution No. 93-09 . Mr. Randels spoke in favor of the resolution. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . Ordinance No. 10-93 , Amending City' s Code of Ordinances, Chapter 668 , Floodplain Protection, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 668 , FLOODPLAIN PROTECTION, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Ordinance No. 10-93 , at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 5 . Ordinance No. 11-93 , Repealing and Re-enacting Section 2 of the Charter of the City of Cape Canaveral to Revise and Restate the Description of the Boundary of the City of Cape Canaveral, 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 SECTION 2 OF THE CHARTER OF THE CITY OF CAPE CANAVERAL TO REVISE AND RESTATE THE DESCRIPTION OF THE BOUNDARY OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 11-93 , at first reading. Mr. Harold Nantz , Dyer, Riddle, Mills, & Precourt, explained the changes to the City' s incorporated boundaries to include all annexations and correct previous errors in the boundary description. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 6. Discussion Re: Adopt-a-Roadway Program. Mr. Boucher explained that the County's resolution for the Adopt-a- Highway Program was not on the Commission's agenda that day as it should have been because the resolution still needed input and feedback from County staff. Council concurred to send a letter of encouragement to Brevard County to express its support of the need for the Adopt-a-Highway program. 7 . Discussion Re: Visit by Officials from Kloten/Zuerich, Switzerland. Mayor Salamone stated that Council had received a fax from Mayor Benz of Kloten advising that he and his wife would be in Cape Canaveral for a week beginning July 15, 1993 . She stated that City of Cape Canaveral, Florida Combined Workshop & Regular Meeting May 18, 1993 Page 6 Council did have two meetings scheduled during the time frame of the Swiss delegates visit and that Council could present a Key to the City to Mayor Benz at that time. There was further discussion between Council and Mr. Saurenmann regarding the Swiss visit to the City. Mr. Porter suggested that the City invite Mayor Benz officially and receive him at one of the Council meetings scheduled in July and that Mr. Saurenmann continue to work out the details of their visits to NASA and Port Canaveral. Council concurred to fax such a letter to Mayor Benz the next day. 8. Discussion & Motion Re: Appointing a Representative to attend the Sand Bypass Review Conference on May 26, 1993 , at the Army Corps of Engineer's District Office in Jacksonville. Mr. Porter advised that he would be able to attend the meeting in Jacksonville along with Mr. Boucher. Motion by Mayor Salamone, seconded by Mr. Randels to allot funds to allow Mr. Boucher and Mr. Porter to attend the Sand Bypass Review Conference on May 26, 1993 , in Jacksonville. Mr. Porter advised that he would not be utilizing City funds to attend the conference. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 9. Discussion & Motion Re: Proposed Wage and Salary Plan. Motion by Mayor Salamone, seconded by Mr. Randels to approve the new Wage and Salary Plan as submitted. Mr. Boucher advised that the union had signed-off in agreement to the new Wage and Salary Plan. Mrs. Calvert expressed her concerns regarding the Building Official being moved from Grade 10 to Grade 9 . Mayor Salamone stated that no City employee would lose any money based on the Plan. Mrs. Calvert stated that the Building Official was also in charge of Code Enforcement. She stated that the salary comparisons for Building Official did not include Code Enforcement responsibilities. She felt that the only person not benefiting from the Plan was the Building Official and she stated that the Building Official position should be considered a Grade 10 position. There was further discussion regarding the classifications and applicable salary ranges. Mayor Salamone stated that the salary survey had indicated that the proposed salary range for the Building Official was in line with what other cities were paying for building officials. Mr. Randels spoke in favor of the new Wage and Salary Plan and he stated that the structure of the salary was greater in most instances. Mr. Boucher stated that the City did not want its employees to set their own salaries. Mr. Randels stated that the beginning salaries '1 . were very favorably increased. Mr. Boucher stated that the Florida League of Cities' Salary Survey had been utilized and the recommendations were within the market conditions for what different skill levels were being paid. He stated that the proposed Wage and Salary Plan was his recommendation from staff. Motion carried with members as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. 11. Monthly Activity Reports. No comments. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting May 18, 1993 Page 7 12 . City Manager's Report. Mr. Boucher stated that the traffic light on Central & AlA was progressing and hopefully by the end of the week it would be working as a flashing signal. Mr. Boucher stated that the Employee Picnic held on Saturday was a success and he thanked Mr. Nicholas and the VFW for the use of the tent. DISCUSSION: 1. Mr. Kancilia advised that the City had prevailed in the Milliken lawsuit. 2 . Mr. Kancilia stated that the City had identified in its Comprehensive Plan certain proposed roadways for eventual construction in the future. Examples were Eberwein Road and the Ridgewood Avenue extension. In the identification of the roadways to be constructed in the future, the City did not presently possess an easement or the actual fee title to the land upon which the roadway would be installed. If the City were to install a City street, it would require an easement of approximately 50' in width. The City presently had Chapter 501 in its Code of Ordinances which permitted the City to reserve roadways for the future. State Statutes also permitted counties and the State to reserve roadways for county and State uses. In 1990, the Florida Supreme Court held that the reservation of the roadway similar to the City's ordinance did not permit the State to claim the entire amount of the required easement to construct the roadway. The State could only construct the roadway if it did, in fact, have legal title to the necessary easement to construct the roadway. He stated that the City would have to acquire an additional 25' on Ridgewood Avenue in order to construct a roadway in accordance with City codes. The City's Comp Plan showed that the Ridgewood Avenue extension would be constructed in 1997 . Therefore, if the City wished to comply with its Comp Plan, the City would have to acquire additional easements in order to construct the roadway. If the City did not wish to acquire sufficient land to construct the extension, the City would then have to amend the Comp Plan. The bottom line of the particular court case was that Chapter 501 was probably unconstitutional. 3 . Mayor Salamone spoke regarding Mr. Abbott's column in Florida Today the past Saturday. She distributed copies of a letter she wanted to send Florida Today under all of Council's names. Mr. Boucher showed an overhead which depicted current sewer rates for municipalities throughout Brevard County. Mayor Salamone stated that the citizens had a right to know that the Council was not spending their money incorrectly and not overcharging them for low sewer rates. She asked Council to approve sending the letter to Florida Today. She also wanted to hold open town forums for one week from 5: 00 to 7 : 00 P.M, Tuesday through Friday, and from 9: 00 to 11: 00 A.M. on Saturday to allow every citizen in the City the opportunity to come forth and see the correct figures. She wanted the citizens to see all the decisions the Council had made and to show the facts. She asked Mr. Kancilia to determine if Council could personally pay the postage expense of mailing the letter and town forum notice to each resident of the City. Council concurred to send the letter to Florida Today and Mr. Kancilia would research the matter of sending , the letter at Council's personal expense to the residents. City of Cape Canaveral, Florida Combined Workshop & Regular Meeting May 18, 1993 Page 8 Mr. Saurenmann stated that he would meet with Don Arabian to put together a packet of information to forward to Switzerland regarding the City's sewer plant and its planned expansion. Mr. Porter read a letter into the record that he requested be attached to or included in the minutes (letter attached to minutes) . There being no further business, the meeting adjourned at 10: 10 P.M. Approved this 1st day of June , 1993 . fir• Jfr•y 7 . Salamone, MAYOR ATTEST: t, � . # I . Faith G. Miller, CLERK • rWr Attachment to Minutes of May 18, 1993 - Regular City Council Meeting. Jchn K. Porter 6315 N. Atlantic Avenue Cape Canaveral , FL 32920 May 18, 1993 Open letter to Cape Canaveral Citizens , Cape Canaveral City Council , Mr. and Mrs . George L. Hutchinson and The Honorable Mayor Joy Salamone : Re : Undated memo from George L. Hutchinson received in City Hall on May 13 , 1993 addressed to "Mayor Salamone" (copy attached ) Once again Mr. Hutchinson complains in a memorandum about my setting the record straight , a task needing to be done again. Because the writer identified himself as "U.S . Secret Service, Ret . , and President , Ocean Wood ' s Homeowners ' Assn. , " I am concerned that these groups understand that Cape Canaveral City Council meetings are conducted with dignity and due diligence by the Presiding Officer and that the City Attorney and City Administrative Staff assist in maintaining decorum. Facts more commendable than "deplorable" , Mr . Hutchinson . I am concerned when a fellow president of a homeowners group ( I served as President of Cape Shores Condominium Association in 1991 -1992 ) suggests in a memo of wide circulation among my peers , that I have committed the Florida crime of stalking him and his wife, Betty . I ' d'ilaugh it off , if it were not given credence by coming, as it does, from an individual who says he worked for the Service charged with protecting the President of the United States . For the record, circumstances are as follows : I spoke to the Hutchinsons after a City meeting in December as we three walked to our cars . I hoped to persuade them to rejoin the ranks of volunteers , but the Hutchinsons refused to speak to me . That is not stalking. That is not talking. The record needs to be set right . The Discussion period on the Agenda may be used to bring to the City ' s attention any matters a Council Member may consider germaine and of interest . My letter of May 4 was in response to a memo dated April 29 from Mr . Hutchinson to "Mayor J. Salamone" and circulated to Council and Staff in which he took exception to my remarks about his and his wife, Betty ' s , role as advisors to former Councilman Abbott . Robert John Abbott has just resigned with more than two years to go in his elected term. Former Councilman Andy Kedzierski , who was also advised by George and Betty Hutchinson, resigned last fall without completing his term. George resigned from the Code Enforcement Board without completing his term and Betty resigned from the Beautification Board Open letter to Cape Canaveral Citizens , Cape Canaveral City Council , Mr. & Mrs . George L. Hutchinson and The Honorable Mayor Joy Salamone : Page two May 18 , 1993 without completing her term. What sort of pattern is this? How is the City best served? When differences of opinion rise, is it best to abandon duty in "disgust" or is it disgusting to leave a post with work, which you 've promised to do , yet to be done? Isn ' t quittinc childish, Mr . Hutchinson? Sincerely', // ;<0101 John K. Porter JKP :h cc : The Honorable Mayor Joy Salamone Ocean Wood ' s Homeowners ' Association U.S . Secret Service City Council Citys.Attorney City Manager City Clerk Attached : Copy of Hutchinson memo i IT1' C PE '• ) F. 0 • , I IRII3 TIO Ma •r PILjam /` y cit Att W . Works DI(,_ To : ;-tayor Salamone: Bulld;n Oft. f In&i ce Dli, This is my THIRD communication to you re: IMPROPER COUNCIL CONDUCT and MIS-USE OF COUNCIL POSITIONS. Once again you aided and abetted council member John Porter ' s reckless behavior at the May 4 , 1993 city council meeting . You allowed him to stray from city business and read aloud a letter that contained tacky material re' : the Hut _'son ' s . This material contained GLARING ERRORS that surpass TARRADIDDLE, and will be forwarded to the proper authorities . Porter continued his childish attack by mailing this collage of bilge to our home two days later . Advise Porter to NEVER CONTACT US IN ANY MANNER. . .AND, NEVER STALK US AS HE DID AFTER THE CITY HALL MEETING, DECEMBER 10, 1992 . As I stated in previous memoranda (which you have NEVER responded to) , you have been a certified teacher in this county for 17 years. You teach impressionable children at the second grade level . Why the sudden flip-flop in behavior patterns when you conduct a city meeting? Meetings at City Hall have become deplorable. You have allied yourself with forces that will do ANYTHING to win . It is a sad commentary for you and the city. „‘ ic George H Ch son, Ret. , U. S. ecret Service President, ocean wood ' s Homeowners ' Assn . M/P cc: ( 5) ..„4, . c .n Q b rn Z- sac_a..rn.O u o± . L cms/Jc/ga . Until now I have chosen not to engage in public debate with former Councilman Robert Abbott whose serious but unsubstantiated charges have rocked this city during the past year. But his recent statements in FLORIDA TODAY are so out of bounds that I can no longer remain silent . When Councilman Abbott resigned from the City Council on May 14th it did not surprise me. He has shown no interest in gover- nance since his election to the Council in November of 1992 . We all had hoped that when he was seated on the Council he would cease his personal vendetta against his fellow councilmen and take up the work of helping to govern our city. Several state mandates that present monumental problems require our con- centrated efforts . Unhappily for us , Mr. Abbott increased his unsubstantiated accusations against both the City Council and city personnel , while at the same time contributing nothing to the business of the city. His obsessive need to find information in old city files that would prove the accusations he made against us ap- parently consumed all his energies , for he not only failed to participate in any city functions but even missed the last three Council meetings before his resignation. For all of his public accusations , Mr . Abbott never made a single motion to correct any of the problems/wrongs he claims we and various city personnel caused. Though he stated publicly that we ignored federal , state, and city laws , he was never specific in his charges and never offered any remedies . He preferred merely to reiterate the same wild accusations . When pressed to be specific , he would smile and say, "You ' ll find out. " But one of his few specific accusations , repeated in FLORIDA TODAY, that I was guilty of "citizen-bashing at recent meetings for their efforts in support of the anti-nepotism referendum" was easily disproved by Council meeting tapes . Since nepotism was not discussed either by me or anyone else , his accusation was shown to be a figment of his imagination. Indeed, it is the "nepotism" issue that gave him his brief ride to fame and was one he couldn ' t let go of long after the issue was put to rest. Since there had never been a problem with nepotism in our city, the vehemence of his accusations and his distortion of the issue before the voters was puzzling and shock- ing to all of us . But his charge that the "Council is about to saddle this city with the biggest debt in its history at $7 to $10 million" reveals clearly what he is : Abbott is well aware that state law requires all cities to stop discharging effluent into the Indian River/Banana River Lagoonal system by July of 1995 ; he is well aware , also, that the Arabian Plan to do this , along with the upgrading of the sewer plant, is $28 , 000 , 000 less than the city ' s former engineer- ing firm proposed to charge for the project and that none of four other firms ' proposals came within $15 , 000 ,000 of that figure . He should remember also, that he voted for everything involved in Don Arabian ' s innovative , low-cost plan and never voiced any objections . His desire to arouse apprehension in Cape Canaveral citizens that the City Council is somehow loose with money -- when we have demonstrated quite the opposite -- is rep- rehensible . And this same man who would have you believe that the city is squandering taxpayers ' money apparently has no qualms about forcing the city to spend taxpayers ' money to defend a lawsuit he brought against the city a few minutes after he was sworn into office as a councilman. Abbott ' s suit, which demands compensatory and punitive damages as well as his legal fees , was his reaction to being cited by the Code Enforcement Board for illegal placement of a satellite dish. He refused to follow simple procedures might have secured for him a variance to the code , preferring that- stead n- stead to sue in federal court. He then embarked onaverbalter- ror campaign --both publicly and privately--against me and other city officials and personnel that increased in intensity over the months , putting a terrible strain on all those he targeted. It is my hope that with his resignation we may return to our regular business where our energies will be utilized more produc- tively to improve the quality of life for all our citizens.