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HomeMy WebLinkAbout09-13-1993 Special CITY COUNCIL SPECIAL MEETING September 13 , 1993 A Special Meeting of the Cape Canaveral City Council was held on September 13 , 1993 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6 : 30 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present (Late) Councilmember Arthur Berger Present Councilmember Joan Calvert Absent Councilmember Rocky Randels Present. City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present PUBLIC HEARINGS: 1. Resolution No. 93-28, Adopting the Tentative Millacge Rate for 1993 . Mayor Salamone read the title of the Resolution and the sections of the Resolution pertaining to the millage rates for 1993 . A RESOLUTION ADOPTING THE TENTATIVE MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1993 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 93-28 . Mr. Randels explained that the valuation of assessed property had decreased by approximately one million dollars and he commended the Finance Department staff for its efforts in preparing the budget. There were no public comments. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 2 . Resolution No. 93-29 , Adopting the Tentative Annual Budget for FY 93/94 . Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE TENTATIVE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993 , AND ENDING SEPTEMBER 30, 1994 ; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 93-29 . Mayor Salamone stated that based on all changes made to the budget during the workshop sessions, she understood that Council was taking approximately $11, 000 out of reserves for capital expenditures. Mr. Randels addressed his concerns regarding various sections of the budget. He stated that he had serious concerns regarding deleting the City's animal control services and that he was not comfortable with completely depending on Brevard County for animal control. Mayor Salamone stated that perhaps the City could utilize its Code Enforcement Officers in emergency situations to help set traps and assist with animal control services. Mro Berger stated that the individual who had provided animal control services would remain on City staff in his full-time position at the wastewater treatment plant and Mr. Boucher stated that in specific situations the City could pay the individual overtime to assist with animal control as needed. City of Cape Canaveral, Florida City Council Special Meeting September 13 , 1993 Page 2 Mr. Porter arrived at the meeting at this time. Mr. Randels stated that the City would be utilizing some of the carryover money that had been in the Beautification Contingency Fund to purchase two pieces of property for a passive park. Mayor Salamone reminded Council that the City would be entering FY 93/94 with a very low contingency of $4 , 763 and she was still looking for ways to increase the contingency amount. She stated that before adoption of the final budget she would be looking for ways to increase the contingency including how important the extra people proposed to be hired were to the requesting City departments. There were no public comments. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilman Randels, For. 3 . Discussion & Motion Re: Option contract for the purchase of two (2) additional acres of land within the City of Cape Canaveral lying north of the existing wastewater treatment plant for the wastewater wetland prosect. Mr. Boucher stated that Council had received a new option contract that was all inclusive of the property that was needed for the wetlands including 27 . 95 acres of the interior portion and 12 . 42 acres along the riverfront. Mr. Kancilia stated that since the August 24th hearing, the option exercise date had been changed from February 1, 1994 , to April 1, 1994 . He stated that the substantive changes to the contract had been agreed to by Cevesco and the City. He stated that the signing of the option contract would enable the City to purchase all 41 acres. He explained that the signature page of the addendum had been changed to include two witnesses rather than a secretary of Cevesco, Inc. to attest Mr. Firkins' signature as Vice President of the firm. He also explained several minor changes to Exhibits 1 and 2 of the option contract which pertained to the legal description of the subject properties. Mr. John Starling, Attorney for Cevesco, stated that he and Mr. Firkins had reviewed the substance and the form of the option contract as presented to the Council and the contract was acceptable to the firm and Mr. Firkins was prepared to execute the contract that evening upon Council approval. Mr. Kancilia stated that the price per acre remained the same as previously discussed. He explained certain matters that would not be insured under a title policy which were listed as Item No. 8 (A - D) on page two of the Addendum to the option contract. Mayor Salamone stated that originally the option contract had provided for Parcels A, B and C and now Parcel B included previously designated Parcels B and C. She stated that Parcel A was $55, 145 per acre for approximately 27 . 95 acres and Parcel B was $87, 310 per acre for approximately 12 . 42 acres. Mr. Kancilia stated that the exact acreage would be determined by a survey prior to closing on the property. Mr. Randels questioned if an environmental hazard test of the land could be completed prior to exercising the option contract. Mr. Kancilia stated that the most the City had at risk would be $25, 000. He stated that the City could ask for a condition that if there was an environmental hazard that the City would not have to exercise the option contract and would retain the $25, 000. Mr. Firkins stated that in 1959 the subject land was filled in and that there was no contamination on the property. Mr. Kancilia stated that the question was whether or not the City wanted an environmental audit to be a condition for the option price. He City of Cape Canaveral, Florida City Council Special Meeting September 13 , 1993 Page 3 stated that the City could do an environmental audit and if the City found that there was a problem with the land the City could walk away from the contract, but the penalty to the City would be the loss of the $25, 000. He stated that if the City found that an environmental audit disclosed some potential liability for the City, he questioned if the City wanted the ability to cancel the contract and have the option money refunded. Mr. Firkins advised that the City would not be refunded the $25, 000 if an environmental audit revealed some type of problem with the land. Mr. Starling stated that Cevesco had actually had the property off the market for the past year or two and the option contract provided that the property would remain off the market for an additional seven (7) months and the $25, 000 was a small return on the $2 . 5 million dollar investment for Cevesco, Mr. Randels stated that his question may have been better worded had he waited until the City was negotiating the purchase of the property. Mayor Salamone stated that she felt the City would not be remiss to obtain the environmental hazards insurance that was currently available. Mr. Kancilia stated that if the City proceeded with the purchase and had an environmental audit that it would be a worthwhile investment to purchase the insurance. Council concurred unanimously to execute the option contract as presented with the changes outlined by Mr. Kancilia. There were no public comments. Members voted as follows regarding the execution of the option contract: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilman Randels, For. There being no further business, the meeting adjourned at 6: 58 P.M. Approved this 21st day of September , 1993 , z,- �- . ' . �ct r ;�`� ,, Jo • . Salamone, MAYOR C •-/Y41 k, ATTEST: \ �. -' Faith G. Mille ,L CITYCLERK