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HomeMy WebLinkAboutAlchemy AdministratorCITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING JANUARY 3, 1991 A Combined Workshop and Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on January 3, 1991, 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. The roll was called by the City Clerk. Officials present were Mayor Joy 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 Theriac; and City Clerk, Jan Leeser. Mr. Porter moved to approve the minutes of the Regular Meeting of December 18, 1990. Mr. Kedzierski seconded motion. Mr. Porter requested the last line in the first paragraph on page 3 of the minutes be amended to read $8,000.00 instead of $4,000.00. Vote on the motion on the floor was unanimous. The minutes, as corrected, were approved. At this time District II County Commissioner, Karen Andreas, addressed the Council and stated she was looking forward to working with the City. UNFINISHED BUSINESS 1. Ordinance No. 32 -90 Amending Chapter 6 11, Building Code, to AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 611, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST REVISIONS OF THE STANDARD CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Porter moved for adoption. Mr. Randels seconded the motion. Mr. Randels spoke in favor of the motion. Vote on the motion was unanimous. Ordinance No. 32 -90 was adopted on Second Reading. 2. Ordinance No. 33 -90 Amending Chapter 653, Si n Code, Regarding Political Sign Regulations Second Readrn and Pub11c Hearing AN ORDINANCE AMENDING CHAPTER 653, SIGN CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; BY AMENDING THE POLITICAL SIGN REGULA- TIONS; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Kedzierski moved for adoption. Mr. Porter seconded motion. Mr. Randels and Mr. Porter spoke in favor of the motion. Vote on the motion was unanimous. Ordinance No. 33 -90 was adopted on Second Reading. CITY COUNCIL comiNED WORKSHOP & RDaUTAR MELTING JANUARY 3, 1991 PAGE 1 OF 4 NEW BUSINESS I. Discussion Re: S tormwater Rule 17- 04.420 Mr. Spenik advised that the Space Coast League of Cities would be presenting a proposed interlocal agreement on Stormwater Management at their next meeting. Discussion followed on whether or not the City should participate in the interlocal agreement or contract with the City's Engineers to conduct a study. No action was taken on this item. 2. Discussion Re: Convenience Store Security Ordinance Mr. Spenik advised that the County would be holding a Public Hearing on a proposed Convenience Store Security Ordinance. Discussion followed. Mr. Porter will attend the public hearing on behalf of the City. Mr. Theriac suggested that the City may want to consider adopting the County's Ordinance by reference. 3. Discussion /Motion Re: Volunteer Board Member Appreciation Dinner Mrs. Thurm moved to hold a Volunteer Board Member Appreciation Dinner because it was in the best interest of the City to recog- nize and reward the Volunteer Board Members. Mr. Kedzierski seconded motion. Discussion was held on where to hold the Volunteer Board Member Appreciation Dinner. It was suggested that the dinner be held at Cape Sierra Club and possible dates were suggested. Mrs. Lesser will research the matter and report back at the next Work- shop Meeting. Vote on the motion on the floor was unanimous. Mayor Salamone requested that the staff members who work closely with the Board Members also be invited to attend. 4. City Manager's Report Mr. Spenik reported that the Florida League of Cities had a vacancy on the Boards of the Pension Trust Fund and their Liability Self - Insurance Fund. Mr. Randels requested further information on where and when they hold their meetings. Mr. Spenik asked Council to consider the following two add -on items. ADD -ON ITEMS 5. Motion Re: Hidden Bay RPUD Mr. Spenik advised that in accordance with the City's Zoning Regulations, the Council needed to address this issue. Mr. Randels moved to add this item to the agenda. Mrs. Thurm seconded motion. Vote on the motion was unanimous. Mr. Porter moved to approve the concept of the preliminary plan and tentative zoning for the RPUD known as Hidden Bay. Mr. Kedzierski seconded motion. Mr. Eric Biewind of Lorie and Associates, the developer of the project, addressed Council. Discussion followed. CITY COUNCIL COMBINED WORKSHOP 6 REaTLAR MEETING JANUARY 3, 1991 PAGE 2 OF 4 Mayor Salamone reminded Council that they were voting only to approve the concept of the RPUD at this time. Vote on the motion was unanimous. 6. Motion Re: Authoriz Briley, Wild & Mr. Spenik advised that Briley, Wild & Associates would conduct a sewer impact fee study for a cost of $3,500.00 and draft a new sewer impact ordinance for a cost of $1,500.00. He noted that the last impact fee study was conducted in 1985. Mr. Kedzierski moved to add this item to the agenda. Mayor Salamone seconded motion. Motion carried unanimously. Mr. Kedzierski moved to authorize Briley, Wild & Associates to conduct the sewer impact fee study and prepare a new sewer impact ordinance. Mr. Randels seconded the motion. Discussion followed. Vote on the motion was unanimous. DISCUSSION Fire Chief Dave Sargeant addressed the Council regarding the 800 megahertz communication system which Brevard County is planning to have on line in June or July of this year. Mr. Sargeant explained that he did not budget for the system because the County had previously said it would not be installed until FY 1992 -93. He explained that the estimated cost to install the necessary equipment to be compatible with the County system was $126,000.00, with the City and the Port sharing the cost. He offered the following options: 1) do their own dispatching; 2) contract with the City of Cocoa Beach, who is not going to the 800 system at this time; 3) purchase the system on a lease - purchase agreement; or, 4) ask the Port to finance the system in its entirety with the City repaying their share to the Port. Discussion followed. Mr. Spenik advised that the staff would work with Chief Sargeant on this item and make a recommendation to Council. Members of the Council requested that there be no major expenditures by the Fire Department until a decision was made. Mr. Randels questioned Mr. Theriac about the outcome of the Judith Myers Lawsuit. Mrs. Thurm requested that the joint meeting with the Canaveral Port Authority be pursued. Mr. Porter reported on the following: Port Authority Meeting; High Speed Rail Commission Meeting; Fire Department Business Meeting; and, riding with one of the Sheriff's Deputies. Mr. Porter requested that Mr. John Rutte's interview for serving on an advisory board be scheduled for the next Workshop Meeting. Mayor Salamone announced the dates and times of the local Legislative Delegation Meetings. Discussion was held on the Internal Improvement Fund Property located in the City and the proposed utility corridor between Orlando Airport and the Port. There being no further business, the meeting was adjourned at 9:45 P.M. CITY COUNCIL COMBINED WORKSHOP & R9GULAR MEETING JANUARY 3, 1991 PAGE 3 OF 4 Approved this 15th day of January , 1991. V or CFty Clerk CITY COUNCIL COPMEM WORKSHOP & REGULAR MEETING JANUARY 3, 1991 PAGE 4 OF 4 CITY COUNCIL REGULAR MEETING JANUARY 15, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on January 3, 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 Andy Kedzierski, Rocky Randels and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, James Theriac; and City Clerk, Janet Leeser. Mr. Porter moved to approve the minutes of the Combined Workshop and Regular Meeting of January 3, 1991. Mrs. Thurm seconded motion. Motion carried unanimously. At this time, Mayor Salamone and Council Member, Rocky Randels, presented the Volunteer of the Month Award to Mr. Tim Grady, Library Board Chairman. Mayor Salamone read Proclamations regarding Arbor Day; American History Month; and, Patriot's Day. She noted the Arbor Day Celebration would be held on January 18th at 2:00 P.M. at the ballpark. Mr. Gene Bjerning, of the auditing firm of Dobson, Bjerning & Duffey, presented the 1989 -90 Annual Audit Report to the members of the City Council. He noted that he would be in attendance at the Workshop Meeting on January 31 to discuss the report. NEW BUSINESS Resolution No. 91 -01 Appointing Member to Zoning Board of Adjustment A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Kedzierski seconded the motion. Vote on the motion was unanimous. Mr. John Rutte was appointed as an alternate member to the Zoning Board of Adjustment. 2. Interview of Prospective Board Member Mayor Salamone noted that this item had inadvertently been placed on the agenda. 3. Discussion Re: Hidden Bay RP Request Mr. Theriac advised that he had discussed the action taken at the Combined Workshop and Regular Meeting of January 3, 1991, with the developer of the RPUD, Mr. Luis Lorie. Mr. Theriac reiterated to Mr. Lorie that the City Council only approved the concept of the RPUD, not the Site Plan, at that meeting. Mr. Theriac advised that Mr. Lorie concurred with this statement. 4. Discussion Re: Phone System for City Hall Mr. Spenik advised that the proposed phone system would be a mechanical answering system similar to the one in use by the City Council Regular Meeting January 15, 1991 Page 1 of 3 City of Titusville. He noted the cost of the system was $2,242.00 on a GSA contract and that the funds would be reassigned from other capital equipment. Discussion followed. Mr. Spenik noted that the installation costs were approximately $500.00 and that there would be a monthly phone charge for the use of the system. Mr. Porter moved to authorize the purchase of the proposed phone system for City Hall from Southeast Business Communications. Mr. Kedzierski seconded motion. Mr. Kedzierski and Mayor Salamone spoke in favor of the motion. Motion carried unanimously. 5. Discussion Re: Florida Innovation Group - Merchant Payment Services Mr. Spenik advised that the Florida Innovation Group was initiating a pilot project to allow payment for City services by credit card. Discussion followed. Mr. Spenik was directed to investigate the matter Eurther and report back to the Council. 6. Discussion Re: Volunteer Board Member Appreciation Dinner Mrs. Leeser reported that the dinner could be held at the Cape Sierra Club on Saturday, February 23rd, in the afternoon. Discussion followed. Mrs. Loeser was directed to see if the function could be held in the early evening. 7. Monthly Departmenta Reports Mr. Spenik advised that he would be transmitting the reports to Council in this format on a monthly basis. Mr. Porter recapped the CCVFD and Recreation reports. 4. City Manager's Report Mr. Spenik reported on Cablevision's rate increase and the Fire Departments request for the 800 MHz system. He recommended that the current fiscal year budget not be amended to purchase the system. DISCUSSION Mr. Theriac advised that he had been informed by John Vogt that the legislation on the IIF property located in the City had been adopted in 1988. He will investigate the matter further. Mrs. Lesser noted that she had some applications on file from prospective Board Members. She was requested to agenda the interviews for a future Workshop Meeting. Mr. Porter reported on the recent High Speed Rail Meeting and Brevard County Commission Meeting that he recently attended. Mr. Porter noted that he had been appointed to the Citizens Action Committee, which is an advisory committee to the MPO. He further noted that the DOT would be holding hearings in Cocoa Beach regarding the widening of AIA. It was suggested that the chairman of the Planning and Zoning Board be asked to represent the City at the meetings. Mayor Salamone requested that two Resolutions sponsored by the Space Coast League of Cities, be placed on the next workshop agenda for discussion. Mayor Salamone reported that a citizens committee had been busy planning the Patriot's Day Parade. Discussion followed. Mr. Porter suggested a Special Workshop Meeting be held to discuss City Council Regular Meeting January 15, 1991 Page 2 of 3 these activities, with the committee members in attendance. The meeting was scheduled for January 16, at 5:15 P.M. There being no further business, the meeting was adjourned at 9:10 P.M. as amended Approved /this 5th day of February 1991. 2 mayo I ytA. A �-(tiJ ity Clerk City Council Regular Meeting January 15, 1991 Page 3 of 3 =T_T% COIMCIL REGULAR MEETING c FBFn3PY 1_1._ P. Renal a Meetina cf the - iry council cf tha City of Dare Canava_r ail Florida. Was held on Febraary 1. 1991- at the 'il:v Hell. ^.ne: 1:1 Folk Avenue. Oar Iravaral. F_oY The ,eet_ina wa=_ called to e..d_Y at 7 :30 P.I1. b !!z of _ S =.la „nn::. Fledae of All was lad v Na-ior 3_ =. m: •re. The roll'_ was Called by the S- _._tar, . official= nresent lere Mavor ' Jov a amore : flavor . _ - , , t =r. - urc 4 EEd Zlerskl. FACYv P.an'dels and `.P.P. Tllur” . ' I e ny. - Se - nt were C_iv Nana Ear. Edwar. - i Sner; icr :'j ey . torne:. Jamas Theri ac: and SecY Ecalvn H ocche�. cn. Mr. Porter :ved to aoDr ^vg the -_',nmtos cf he F r 11 -, f no o* Ianuary 15. 1991. Mrs- I' r _.. _ccI - d M —ion. Mavor Sa1a^rcne r ao lest =_d 1111 - ,e .d .ut; s �c ,- ;�na.:9 - ;ndel Discussion, on oa. ^e two, paraar aoh four t: 1191 !t.. `: or ..� r=rlru�sTe t':at ir es 1-1T P2solutions .l._.red E 1 .- Scl -e ,ea u:. Or C Y uh: Eme raenCv flaraa-?ent Pl_e b- Cl l'_d O. h ' ne - t w,r Y5' CP aaer,da f!:^_' discussren. Moll ion :ir -_d unari—• u=lv, The °inu *es. a =_ _crr�.cted . -r_ nom c'. .9. Clap sr—!—In:—a,< -17 1 r_. ;i Sit t. , lrienne Flc - - .t br .Al rT �- 3 Pand. =ln B ...a ._ BarIYr . -. *_cr heir suo o -. ,-- t c�ir 1 r ` in I ert -M Vol -�r sup li:d velll:w ribbons frr i,. Ha: id M:. 'Bri -r, a. rer u_1v SLD[1 ii the - ]ter13.. fsY r! t .; D" [= ar v n:: Y'SOr. WhG want - d pn show their smn._rt for our rI r:_ i n -le New Bu -. Ordinanc ile, t -�. 2e.�;: isnine and ir:pc=i.::a Ad Vaior.n Ta? for Fi re /P.esc:.le Sarvices :First Readina and Public Hearinai All ORDINAi10E ESTABLISHIiIG A'ID I11Pr?SING AN AD VALOREM TAX NOT TO EXCEED .25 MILL 'N ALL PEA -L PROPERTY LOCATED WITHIN THE CITY OF CAPE CA11'. - .1 «.F.AL. FI,_PTDA: FROVIDIiIG SAID TAX REVENUF SHALL BE APPROPRIATED FOP. FIFE, RESCaJ F_ SERVICES: PRO MIDIIJG THAT THE BEEVARD COUNTY ^; .�X f` LI.EC'TGP SHALL C"LLBCT SAID 'TA >:: PF.O- VIDING A14 EFFECTIVE n„TE. Mavor Saiamone r&3d the ritie -t rho nrdinanr�. Mr. Pandel= -Dyed to aperove First F.eadi.na. 11r. F;ed: i.erslci __- -nnded no ±ion. Mr. Porter socks in :_t the r"r opened ;rdinancc-. Vote on the -lotion was inanimais. ��Cdinan,e Nc. 7. -9i was ar- zrcved on First Readina. _. Ordinance. IC 2 -9] F.ct:ablisnina and IMPosing Ad Valorem Tax for Police Prct_ecticn ''First Readina and Public Hearinai AN ORDINANCE ESTABLISHIIU AND IMPCSING AN AD VALOREM TAX NOT To EXCEED .5 11ILL ON ALL REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANA.VERAL. FLORIDA: PROVIDING SAID TAX REVENUE SHALL BE APPF.OPRIA,ED FOP POLICE PROTECTION: PROVIDED THAT THE BREVARD COUNTY TAA COLLECTOR SHALL COLLECT . ^ AID TAR: PROVIDING All EFFECTIVE DATE. Havor Salamone read the t;.tle. of the Drdir.ance. Mr. F.andeis moved to approve First Readina. Mr" F'.;day srski seconded nntien. Vote on the motion was :ran: -.ors. = 'rdinar, Nn. :', -91 was aooroved 'm First Readina, CITY COUNCIL REGULAR MEETING February 5. 1591 Pane 1 of 6 7. Ord nancz 3 _91 Amending Ch jQ er 626 Life _Sa,E - ety_ Code, _, by _ - adoptina, 1985 NFPA #101 Code F�rsc_ Reading and_ -- P Hearing)_ -- -- - Alf ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 626. LIFE SAFETY CODE, OF THE CODE OF ORDINANCES BY ADOPTING THE 1985 REVISION OF THE LIFE SAFETY CODE. REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH: PROVIDING All EFFECTIVE DATE. Mayor Salamone read the. title ^f the Ordinance. Mr. Kedzierski moved to approve First Readina. Mrs. Thurm seconded motion. Vote on the motion was unanimous. Ordinance !lo. 3 -91 was approved on First Readina. 4. Ordinanc. 4 91 AmerdingCh_aQCZr 701 _._Animal s_ Controlled_ regaiding e�Ppeal Pre ss (First Reading and Publi rlearina) AN ORDINANCE AMENDING CHAPTER 701, ANIMALS CONTROLLED OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE APPEAL PROCESS: REPEALING ALL PORTIONS OF THE CODE III CONFLICT HEREWITH: PROVIDING AN EFFECTIVE DATE. Mayor Sa 1. amone read the title of the Ordinance. Mr. Randels moved to approve First Readina. Mr. Kedzierski seconded motion.. Mr. Fred DeStasio stated that people should have an cpportuni_ty ro appeal to the Code Enforcement Board first. Discussion followed. Vote on the motion was as follows: In favor. Mr. Kedzierski, Mr. Porter. Mr. Randels and Mayor Salamone: Opposed, Mrs. Therm. Ordinance No. 4 -91 was approved ?n First P.eadinq, 5. Resolution No.. 91 -2 Supporci r-g,- Leai slati on regarding Assessment of Ad Valorem Taxes - _ A RESOLUTION OF THE CITY OF CAPE CANAVERAL SUPPORTING STATE WIDE LEGISLATION TO REQUIRE ASSESSMENT FOR AD VALOREM TAX PURPOSES OF IJEW AND IMPROVED COUSTRUCTION AT THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY: PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adontion. Mr. Kedzierski seconded motion. Mr. Randels spoke in favor of tt:e Resolution notina that it could be as long as 18 months after a Certificate of Occupancy was issued before the property aces on the tax roll. Vote on the motion was unanimous. Resolution No. 91 -2 was adopted. 6. Resolution No. 91 3 Sapporrina Legislation regardina_ Release of Persons Arrested for DUI _ -- A RESOLUTION OF THE CITY OF CAPE CANAVERAL. FLORIDA. URGING THE BREVARD COUNTY LEGISLATIVE DELEGATION TO SPONSOR, SUPPORT AND ACTIVELY WORK TO PROCURE ENACTMENT OF STATEWIDE LEGISLA- TION PROHIBITING THE RELEASE FROM POLICE CUSTODY OF ANY PERSON ARRESTED FOR THE OFFENSE OF DUI WITHIN 24 HOURS AFTER SUCH PERSON'S ARREST: REQUIRING IMPOUNDMENT DURING SUCH 24 -HOUR PERIOD OF THE VEHICLE BEING OPERATED BY THE PERSON ARRESTED FOR DUI: PROVIDING All EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Porter seconded motion. Mr. Kedzierski inquired if there had been a response from the Florida Bar. Attorney Theriac stated that this 1_aislaticn would give attorneys more CITY COUNCIL REGULAR MEETING February 5. 1991 Paqe 2 of 6 information to attack DUI's since it disallows the presumption of innocence. Mr. Kedzierski and Mayor Salamone spoke in favor of the legislation, vote on the motion was unanimous. Resolution No, 91 -3 was adopted. 7. Resolution No. 91-4 Adopting Certain Street Names A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY. FLORIDA. APPROVING THE NAMES OF CERTAIN STREETS: PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the citle of the Resolution. Mr. Kedzierski moved for adoption. Mr. Porter seconded motion. Mr. Spenik noted that this Resolution would establish those streets to be added on County maps. Vote on the motion was unanimous. Resolution No. 91- 4 was adopted. S. Resolution 1 I 0 ,__91 - 5 -Requ sting_ the _ Legislature t o____C_o_n ti n ue Funding the _ Florida a Institute of - _ _ __ G.cvernment A RESOLUTION OF THE CITY OF CAPE CANAVERAL. BREVARD COUNTY, FLORIDA. REQUESTING THE FLORIDA LEGISLATURE TO CONTINUE FUNDING THE INSTITUTE OF GOVERNMENT: PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mrs. Thurm moved for adoption. Mr. Kedzierski seconded motion. Mr. Porter and tor. Randels spoke in favor of the motion. yet& on the motion was unanimous. Resolution No. 91 -5 was. adopted. 9. Resolution Nu, 91 6 Prob Lams at Cape Canaveral Post Office A RESOLUTION OF THE CITY OF CAPE CANAVERAL. BREVARD COUNTY, FLORIDA, REOUESTING THE UNITED STATES POST OFFICE TO EXPEDITE A REMEDY TO THE SAFETY PROBLE14S AT THE CAPE CANAVERAL POST OFFICE: PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr'. Kedzierski moved for adoption. Mrs. Thurm seconded moti.on. Discussion followed. Vote on the notion was unanimous. Resolution 91-6 was adopted. 10. Motion_Rz Acceptance of 1989 -90 , Audit Mrs. Thurm moved to accept the audit. Mr. Eedzierski seconded motion. [4r. Randels spoke in favor of the motion and recommended recognition of. City staft and the Finance Department. Vote ou the motion was unanimous. 11. Motion Re;_, Requesting...Dobscn__Biernin_a. Duffey_and _P.osenfield to Prepare Proposal for Contract Compliance Review_ of Sheriff and Fire Department Contracts -- -_ - - -- — Mr. Kedzierski so moved. Mr. Porter seconded motion. Mrs. Thum, spoke against the motion. She noted that the compliance review was not mandated by law and vriced the opinion that it may cause ill feelings with the Volunteer Fire Department and the Sheriff's Department. She further noted that if a review were required, it should be done by an independent auditing firm, not the City's auditors. Mayor Salamone stated it was the Council's fiscal responsibility to be accountable for the ad valorem tax revenue which would be collected for fire and police protection. Mr. Kedzierski concurred. CITY COUNCIL REGULAR MEETING February 5. 1991 Paqe 3 of 6 Chief David Sarqeant. of the Cape Canaveral Volunteer Fire Depart- ment, addressed the Council. Chief Sarqeant explained that the Fire Department would have no problem with a contract review. He further noted that they would agree to an independent audit of their books, if it was specified in their contract with the City. Chief Sarqeant stated the Fire Department would object to an audit being conducted by the City's Auditors. Discussion followed. Mr. Kedzierski pointed out that what was under consideration was a motion to conduct a contract compliance review. not an audit. He further noted that he agreed with Chief Sarqeant that if an audit were required it should be done by an independent auditor and should be specified in the contract. Mr. Porter spoke in favor of the motion. Mr. Randels voiced con- cern about how the departments would he approached. Mr. Spenik advised that he would lav the groundwork for the compliance reviews. The vote on the ;notion was as follows: In favor. Mr. Kedzierski. Mr. Porter and Mayor Salamone: Opposed. Mr. Randels and Mrs. Thurm. Motion carried. 12. Motion Re urlinxizinq City Manager and Staff_to Pursue Annual _ —_— Requirements Set Forth in Chapter 662, Cop-currency Management Svste System _- -- -- Mr. Randels so - .oved. Mrs. Thurm seconded motion. Vote on the motion was unanimous. 13. MPti_on__Re: Authorizing Citv M3n..ger to, Determine Cost fur Engineer rna Studv of North Atlantic_ Avenue Mr. Kedzierski so moved. Mr. Porter seconded motion. Mr. Spenik outlined the scope of the study and noted that the cost of the study could be shared with other governmental entities. Discus- sion followed. Vote on the motion was unanimous. 14. Motion Rs: Authorizing Funds Patriot s Day Parade Mr. Randels moved to authorize the expenditure of up to one thousand dollars (Sl 000), at the disposal of the Mavor, for Promoting the Patriot's Day Parade. Mr. Kedzierski seconded motion. At Mr. Spenik's request. Mr. Randels moved to amended his motion to allow the use of City vehicles in the parade. Mr. Porter seconded the motion. The City Manager was requested to determine if additional insurance was required. Mayor Salamone reported that the City was aettinq a lot Of support_ from the local businesses and some private donations. She confirmed that members of Council would participate in the parade. Vote on the motion to amend was unanimous. Vote on the main motion was unanimous. 15. Motion Re: Adoption of Emergency Man agement Plan Mr. Kedzierski so moved. Mr. Porter seconded motion. Mr. Randels spoke in favor of the motion. Mayor Salamone complimented the City Manager on the detailed plan that had been put together. Mr. Spenik acknowledged chat the Staff had been involved so they would know how to participate and work together. Discussion followed. Vote on the motion was unanimous. CITY COUNCIL REGULAR MEETING February 5, 1991 Page 4 of 6 1.6. Motion Re: Cite Manager's Request_ to Change Pension Eligibility Mr. Kedzierski so moved. Mr. Porter seconded motion. Attorney Theriac advised that Mr. Spenik's request to participate in the ICMA !International City Manager's Association) plan would have no affect on the City's plan. Mr. Theriac further noted that it needed to be determined if the ICMA Plan was qualified under the IRS Code. Mrs. Thurm stated that she had no objection to the City Manager having his pension plan with another organization: however, his request was that the Citv make his pension eligibility effective November 1. 1990. She noted that the pension for all employees required a waiting period of one year for eligibility and four years to be vested. Discussion followed. Mr. Spenik pcinted out that unlike other employees, the City Manager was appointed to serve at the pleasure of Council. He further noted he had never heard of a Citv Manager being required to serve a probationary p =_rind or not being allowed to go into a pension plan upon. emplovment. He pointed out he had inquired about the City's participation in the ICMA pension plan during his interview and assumed that retirement benefits came with the salary. Mr. Spenik added that this infcrmation should have been included in the iob =advertisement. Discussion followed. Mr. Kedzierski spoke in favor of the motion. Mr. Leo Nicholas addressed Council and stated if ttev approved the notion they would in effect be granting Mr. Spenik a 796 increase in salary. Mayor. Salamone requested that this item be postponed until the next Workshop Meeting and requested the City Clerk conduct a survey of City Manager's pension plans in other municipalities. Mr_ Randels moved to postpone this item until the next Workshop Meeting. Mr. Kedzierski second motion. Motion carried unanimously. Discussion Mr. Spenik noted that in October, 1990. the City Council had requested the City participate in the Adult Literacy Program. He explained that the original correspondence received from the Secretary of State. Jim Smith, requested two hours a week for a period of 26 weeks. Mr. Spenik noted that City Clerk, Jan Lesser, had volunteered to become a tutor and when she attended an orientation session last week she was told it would involve three hours a week for a minimum of one year. Discussion followed. Mr. Spenik will obtain additional information on the orogram price to the next Workshop Meeting. Mr. Theriac advised that the Citv had received a request to waive the S2,011.8:3 court costs in the Judith Myers lawsuit, in exchange for her agreeing not to appeal the decision. Discussion followed. It was the consensus of Council to waive the costs. Mr. Theriac further noted that the City had been placed on notice of a possible negligence suit by the estate of Sarah Pe Clue. a girl who was killed while crossing AIA. Mr. Randels reported on the Florida League of Cities Pre - legislative Conference he recently attended and distributed infor- nation he had received at the conference. Discussion was held on the new ethics law requiring registration for lobbyists. Mr. Theriac was directed to research the ma-ter. CITY COUNCIL REGULAR MEETING February 5, 1991 Page 5 of 6 Mr. Porter suaaested Council be represented at the upcoming DOT public hearing on widening of AlA. This itert will be discussed further at the next Workshop Meeting. Discussion followed. Mr. Porter reported that he was pursuing the joint mee=ting with th Canaveral Port Authority. Mr. R.edzierski inouired if the Mayor's breakfast business meetings were still being held. The Mayor stated they were. Mayor Salamone reported on the recent meeting regarding the proposed utility corridor. She reviewed material she had dis- tributed to the Council and noted the next meeting was scheduled for February 22nd at 1:30 F.M. at the Orlando airport. Discussion followed. Mayor Salamone noted that after reviewing the F Director's Report which was presented at the Workshop Mcetina, she had concerris about the anticipated loss of revenues. Mr. Spenik and Finance Director. Bennett Boucher. were dirscted tc Prepare budget adjustments to be presented at the nest Workshop Meeting. There being no further business. the meetina adicurned at 9:50 o.m_ Anproved this . 19th day of February _ _ 1991. � � � bK�K[�ilYtG -h2_ M Vo �r, y Clerk CITY COUNCIL REGULAR MEETING February 5. 1991 Page 6 of 6 CITY COUNCIL REGULAR MEETING FEBRUARY 19, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on February 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 Joy Salamone; Mayor Pro Tem, John Porter; Council Members Andy Kedzierski, Rocky Randels and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, James Theriac; and City Clerk, Janet Leeser. Mr. Porter moved to approve the minutes of the Regular Meeting of February 5, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. At this time, City Manager, Ed Spenik, and Recreation Director, Nancy Hanson, presented the Special City Employee award to Mr. Marcel Bonenfant, Maintenance Worker at the Recreation Complex. UNFINISHED BUSINESS 1. Ordinance No. 1 -91 Establishina and Imoosino Ad Valorem AN ORDINANCE ESTABLISHING AND IMPOSING AN AD VALOREM TAX NOT TO EXCEED .25 MILL ON ALL REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING SAID FAX REVENUE SHALL HE APPROPRIATED FOR FIRE /RESCUE SERVICES; PROVIDING THAT THE BREVARD COUNTY TAX COLLECTOR SHALL COLLECT SAID TAX; PROVIDING AN EFFECTIVE DATE. Player Salamone read the title of the Ordinance. Mr. Randels moved for adoption. Mr. Porter seconded the motion. Mr. Randels spoke in favor of the Ordinance. Vote on the motion was unanimous. Ordinance No. 1 -91 was adopted on Second Reading. 2. Ordinance No. 2 -91 Establishing and Imposin Ad Valorem Tax for Police Protection (Second Re ad in and Public Hearing) AN ORDINANCE ESTABLISHING AND IMPOSING AN AD VALOREM TAX NOT TO EXCEED .5 MILT: ON ALL REAL PROPERTY LOCATED WITHIN 'THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING SAID TAX REVENUE SHALL BE APPROPRIATED FOR POLICE, PROTECTION; PROVID- ING THAT THE BREVARD COUNTY TAX COLLECTOR SHALL COLLECT SAID TAX; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. Ordinance No. 2 -91 was adopted on Second Reading. 3. Ordinance No. 3 -91 Amend AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 626, LIFE SAFETY CODE, OF THE CODE OF ORDINANCES BY ADOPTING THE 1985 REVISION OF 'THE LIFE, SAFETY CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. City Council Regular Meeting February 19, 1991 Page 1 of 4 Mayor Salamone read the title of the Ordinance. Mr. Kedzierski moved for adoption. Mrs. Thurm seconded motion. Mr. Randels spoke in favor of the Ordinance. Vote on the motion was unani- mous. Ordinance No. 3 -91 was adopted on Second Reading. ance No. 4 -91 An AN ORDINANCE AMENDING CHAPTER 701, ANIMALS CONTROLLED, OF THE CODE OF ORDINANCES OF 'THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE APPEAL PROCESS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Kedzierski moved for adoption. Mr. Randels 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. Ordinance No. 4 -91 was adopted on Second Reading. NEW BUSINESS I. Resolution No. 91 -7 Appointing Member to the Planning and zoning Board A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mr. Randels moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. Mr. Fred DiStasio was appointed as Second Alternate Member of the Planning and Zoning Board. 2. Resolution No. 91 -8 Appointing Member to the Beautification Board A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE BEAUTIFI- CATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE, DATE. Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. Mr. Porter spoke in favor of the motion. Vote on the motion was unanimous. Ms. Rita DiStasio was appointed as an alternate member of the Beautification Board. 3. Motion Re: Award of Bid No. 90 -13 Construction of Washington Avenue Beautification Pro set Mr. Kedzierski moved to award Bid No. 90 -13 to Florida Native Growers in the amount of $44,900.00. Mr. Randels seconded motion. Mr. Spenik requested the motion allow for a change order not to exceed $3,000.00 for sod. Mr. Porter moved to so amend the motion. Mr. Kedzierski seconded motion. Discussion followed. Mr. Porter commended the Beautification Board for their work on this project. Vote on the motion to amend was unanimous. vote on the main motion was unanimous. Motion Re: Landscaping Design for City Ballpark and Playground Mr. Porter moved to authorize the scope of services for Terry Stems, not to exceed $1,500.00. Mr. Kedzierski seconded motion. City Council Regular Meeting February 19, 1991 Page 2 of 4 Mr. Randels moved to amend by requiring the complete scope of the project to be complete in 60 days. Mr. Kedzierski seconded motion. Discussion followed. Vote on the motion to amend was unanimous. Vote on the main motion was unanimous. 5. Motion Re: Authorizing Funds for Beautification Board Poster Contest Mr. Kedzierski so moved. Mr. Porter seconded motion. Ms. Judy Randels, Beautification Board Chairman, noted that the cost of the prizes had been reduced to $350.00 because of donations by local businesses. She further noted that there may be some printing costs involved. Vote on the motion was unanimous. 6. Motion Re: City Manager's Request to Change Pension Eligibility Mr. Kedzierski moved to approve the City Manager's request. Mr. Porter seconded motion. It was pointed out that if the motion were approved the City would contribute 7% of Mr. Spenik's base salary into the ICMA Deferred Comp Plan. It was noted that 78 is the amount that is contributed into the regular Pension Plan for other City Employees. Discussion followed. Mrs. Thurm moved to amend the motion to have the pension contribution begin on November 1, 1991. Motion died for lack of a second. Mayor Salamone moved to amend the motion to have the pension contribution be effective January 1, 1991, which was the end of Mr. Spenik's probationary period. Mr. Porter seconded motion. Vote on the motion was unanimous. Vote on the main motion, as amended, was as follows: In favor, Mr. Kedzierski, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mrs. Thurm. Motion carried. 8. Monthly Departmental Report Mr. Porter recapped the CCVFD and Sheriff's Department monthly reports. Discussion followed. 9. City Manager's Report Mr. Spenik advised that he had received a grant application from DNR. Discussion followed. Mr. Spenik reminded Council of the DOT Public Hearing on the widening of AIA. City Attorney Goldman advised that the City would publish a legal ad stating that the Council Members would be attending the meeting. Discussion followed. DISCUSSION Mrs. Leeser reminded Council members of the Volunteer Board Member Dinner to be held on February 23rd. Mr. Randels commended the City Manager for providing the City Manager's update. Mr. Randels reported on the County's Stormwater. Management Plan. Discussion followed. Mrs. Thurm inquired about the status of the projects Briley, Wild and Associates were working on for the City. Mr. Spenik advised that he had a meeting scheduled with the engineers later in the week. City Council Regular. Meeting February 19, 1991 Page 3 of 4 Mr. Porter requested information on the replanting of the trees on the Randy Mays' property. It was noted that this item would be heard by the Code Enforcement Board at their next meeting. Discussion followed. Mayor Salamone requested that the City Clerk provide Council Members with copies of the Workshop Minutes. There being no further business, the meeting was adjourned at 8:58 P.M. Approved this 5th day of March , 1991. M or C&ty Clerk City Council Regular Meeting February 19, 1991 Page 4 of 4 CITY COUNCIL REGULAR MEETING MARCH 5, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on March 5, 1991, at the City Ball 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 Andy Kedzierski, Rocky Randels and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, James Theriac; and City Clerk, Janet Leeser. Mr. Porter moved to approve the minutes of the Regular Meeting of February 19, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. At this time, Mayor Salamone read a Proclamation regarding Employ the Older Worker Week. NEW BUSINESS Resolution No. 91 -9 Contract with Brevard County for Llfequard Services A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFEGUARD SERVICE FOR THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mr. Randels moved for adoption. Mrs. Thurm seconded motion. Mr. Randels spoke in favor of the motion, noting that the cost of the contract was $7,717.19, which was the budgeted amount. Vote on the motion was unanimous. Resolution No. 91 -10 Appointing Member to Beautification Board A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm moved for adoption. Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Robert Murray was appointed as an alternate member to the Beautification Board. Resolution No. 91 -11 Requesting the Legislature to Prohibit n Soap Phosphorus is and Deter ents A RESOLUTION OF 'THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO DISCONTINUE THE RETAIL SALE, AND RESIDENTIAL USE OF ALL PHOSPHORUS CONTENT IN SOAPS, DETERGENTS, CLEANING COMPOUNDS AND AGENTS IN THE SPATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm moved for adoption. Mr. Kedzierski seconded motion. Mr. Porter spoke in favor of the motion. Discussion followed. Mrs. Thurm suggested the Space Coast League of Cities be re- quested to adopt a similar Resolution. Vote on the motion was unanimous. City Council Regular Meeting March 5, 1991 Page 1 of 4 4. Motion Re: Authorization of New Positions in the Public Works Department Mr. Randels moved to authorize a full -time Public Works Director and Secretary. Mr. Kedzierski seconded motion. Mrs. Thurm requested the Public Works Director be certified as a Class "A" or Class "B" operator. Mr. Randels, Mr. Porter and Mr. Kedzierski voiced the opinion that the Director should have knowledge and experience in wastewater treatment but not necessarily be a certified operator. Discussion followed. Mr. Spenik reviewed the different options suggested by the City's consulting firm, Professional Plant Operators. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mrs. Thurm. Motion carried. 5. Motion Re: Authorization of Emergency Repairs to Sewer Treatment Plant Degrit System Mr. Porter so moved. Mr. Kedzierski seconded motion. It was pointed out that the cost of the emergency repairs was $6,000.00. Motion carried unanimously. 6. Motion Re: One Cent Sales Tax for Criminal Justice System Mrs. Thurm moved to support the proposed one cent sales tax. Mr. Kedzierski seconded motion. County Commissioner, Karen Andreas, addressed Council and explained that the City would be asked to enter into an interlocal agreement with the County for the distribution of the revenue. Mr. Randels explained the proposed formula for distribution of the anticipated revenue. Mayor Salamone advised that she could not support the distribution formula because it was not as specified in the State Statutes. Mr. Porter and Mrs. Thurm spoke in favor of the motion. Discussion followed. Mr. Spenik advised that the anticipated revenue could only be used fur capital items that last five years or more and suggested some possible uses for the monies. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Porter, Mr. Randels and Mrs. Thurm; Opposed, Mayor Salamone. Motion carried. 7. Motion Re: Budget Transfers Mr. Randels moved to approve the budget transfers as presented by the City Manager, a copy of which is attached hereto and made a part hereof by reference. Mr. Porter seconded motion. Discussion followed. Vote on the motion was unanimous. 8. Discussion Re: Port Canaveral Property Purchases Mr. Spenik advised that Port Canaveral was planning to purchase property in the northern section of the City. He noted that the Port was evasive regarding the proposed use of the property. Mr. Theriac explained that the Port could request the State Legislature to amend Chapter 315 which would place the property under the Port's jurisdiction; this would mean they would not have to comply with either the City's Zoning Regulations or Comprehensive Plan. Discussion followed. Mr. Spenik was advised to write a letter to the Port Commissioners from the City Council regarding the purchase of the property. Mr. Nicholas suggested the City pursue the joint meeting with the Port Authority Commissioners. Mr. Spenik noted the meeting was tentatively scheduled for April. City Council Regular Meeting March 5, 1991 Page 2 of 4 Discussion Re: Jetty Park; Brevard County Expansion Mr. Spenik advised that the City had not been informed about the proposed expansion of Jetty Park into the City. Discussion followed. Commissioner Karen Andreas offered to have the item Pulled from the County Commission agenda for February 19th. She further noted she would have the County Staff make a presentation to the City Council on the expansion plans. The meeting. presentation was tentatively scheduled for the April 2nd 10. Discussion Re: Voter's Registration It was noted that the City Clerk had requested voter's registration be discontinued at City Hall. Mr. Kedzierski and Mayor Salamone voiced the opinion that the service should continue to be offered. Mrs. Thurm and Mr. Randels spoke in favor of discontinuing the service. Discussion followed. Mr. Porter suggested that the hours that voter's registration be offered be limited. Mr. xandels moved to establish voter's registration on every Wednesday at City Hall. Mrs. Thurm seconded motion. Mr. Porter moved to amend the motion to submit the hours of voters registration to the newspaper for publication at least three times a month. Mrs. Thurm seconded the motion. Vote on the amendment was as Follows: In favor, Mr. Porter, tar. Randels and Mrs. Thurm; Opposed, Mr. Kedzierski and Mayor Salamone. Motion carried. Vote on the main motion was as Follows: In favor, Mr. Porter, Mr. Randels and Mrs. Thurm; Opposed, Mr. Kedzierski and Mayor Salamone. Motion carried. 11. Discussion Re: Areas of Interest and Information Mr. Spenik requested clarification on what items should be given to Council Members. It was the consensus of the Council Members that if one member requested information regarding their area of interest it was not necessary to provide the same information to the other Council Members. ADD -ON ITEM Mayor Salamone advised that there were plans to hold an Ironman Triathelon on Sunday, April 21st, at the Cocoa Beach Pier. She noted that the organizers of the event had requested use or the City streets for a run during the morning. Mr. Porter moved to add the following item to the agenda. Mr. Kedzierski seconded motion, notion carried unanimously. 12. Motion Re: Use of City Streets for Triathelon Mr. Porter moved to allow the use of the City streets for one hour on Sunday, April 21st for the running portion of the Triathelon. Mr. Kedzierski seconded motion. Discussion followed. Motion carried unanimously. DISCUSSION Mayor Salamone reported on the DOT Hearing recently held in Cocoa Beach on the widening of AIA. Commissioner Karen Andreas questioned Council on their position on the widening. Discussion followed. It was the consensus of Council that they needed more information before taking a position on the project. Ms. Andreas suggested that the City establish a Task Force, comprised of property owners condo associations and business owners, to study the issue. Mayor Salamone volunteered to head the Task Force. City Council Regular Meeting March 5, 1991 Page 3 of 4 Mayor Salamone noted that the consultants on the High Speed rail and utility corridor would be attending the City Council Workshop meeting on March 14th to make a presentation. She noted that the concerns of the Harbor Heights residents was also on the that agenda and suggested that the meeting be held in the Library meeting room in order to accommodate more people. The Council members concurred. Mayor Salamone reported on the Patriot's Day Parade. Discussion was held on the appropriate dress and whether or not Council Members should throw candy. Mr. Theriac requested permission to attend the Local Government Law Seminar. Mr. Randels reported on the League of Cities Task Force. There being no further business, the meeting was adjourned at 10:07 P.M. Approved this 19th day of March , 1991. Ma! t City Council Regular Meeting March 5, 1991 Page 4 of 4 BUDGET TRANSFERS - SUMMARY REPORT 1991 GENERAL FUND Operating Revenue Increased $ 35.811 Legislative - Increased $ 1,825 Administration - Increased 10,745 Public Safety - Increased 501 Fire Department - Increased 560 Street Department - Decreased - 27,405 Parks & Recreation - Decreased - 2,590 Legal - Increased 15,145 Garbage Service - Increased 58,030 Non - Departmental - Decreased - 21,000 $ 35,811 LIBRARY FUND Revenue & Expenditure Budget Increased $ 1,499 BEAUTIFICATION FUND Revenue & Expenditure Budget Increased $34,018 SEWER FUND Revenue & Expenditure Budget Decreased - $20,000 Attachment to: Minutes of City Council Meeting March 5, 1991 Page 1 of 5 N- WE ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET 300.1 Cash Forward $ 27,566 $ $ 49,296 312.42 Local Alternative Fuel User Fee 120 120 313.4 Cablevision TV Franchise Fees 2,000 29,000 322.1 Building Permits 20,000 50,000 329.1 Fire Alarm Permits 800 1,300 334.391 State Recycling Grant 560 12,560 335.11 .02 Cent Cigarette Tax 564 24,890 335.121 State Cigarette Tax 8,661 107,400 335.122 Municipal Gas Tax 1,230 52,887 335.18 Local 1/2 Cent Sales Tax 14,180 279,000 343.45 Recycling Fee Revenue 57,400 117,400 343.451 Recycled Product Revenue 2,000 9,000 351.1 Fines & Forfeitures 6,000 37,000 369.2 Site Plan Review Income 4,000 11,000 EXPENDITURES Legislative 1- 511.48 Promotional Activities 1,000 1,350 1- 511,492 Elections 175 1,125 1- 511.51 Office Supplies 200 500 1- 511.52 Operating Supplies 800 1,400 Administration 2- 513.11 Executive Salaries 13,700 132,060 2- 513.21 FICA Taxes 1,045 10,215 2- 513.23 Life & Health Insurance 4,700 9,230 2- 513.42 Postage 700 4,000 Public Safety 4- 521.45 General Insurance 501 1,881 Fire Department 5- 522.45 General Insurance 560 15,560 EXPENDITURES ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGED Building Department 6- 524.12 Regular Salaries & Wages 2,750 88,515 6- 524.21 FICA Taxes 210 6,960 6- 524.23 Life & Health Insurance 2,720 7,280 6- 524.34 Contract Services 90 590 6- 524.45 General Insurance 300 3,130 Street Department 7- 541.12 Regular Salaries & Wages 16,300 113,320 7- 541.21 FICA Taxes 1,250 8,745 7- 541.22 Retirement Contribution 500 6,300 7- 541.23 Life & Health Insurance 4,100 13,280 7- 541.24 Workers Compensation 5,400 12,395 7- 541.31 Engineering Fees 5,200 8,200 7- 541.45 General Insurance 400 8,700 7- 541.53 Street Repairs 4,520 129,295 7- 541.64 Machinery & Fquioaent 135 1,240 Animal Control 8- 562.12 Regular Salaries & Wages 840 18,385 8- 562.21 FICA Taxes 65 1,430 8- 562.23 Life & Health Insurance 690 1,795 8- 562.24 Workers Compensation 215 655 Parks & Recreation 11- 572.23 Life & Health Insurance 2,050 5,425 11- 572.24 Workers Compensation 800 6,050 11- 572.45 General Insurance 85 3,795 11- 572.64 Capital Items 175 500 Legal 13- 514,312 Specialized Legal Services 15,000 17,500 13- 514.45 General Insurance 145 395 Garbage Service 14- 534.3421 Recycling Contract Expense 57,400 117,400 14- 534,433 Dumping Charges 70 1,570 14- 534.5251 Recycling Grant Expense 560 12,560 .� EXPENDITURES ACCT #001- Non - Departmental 17- 901.14 17- 901.99 Special Pay Contingency W ejVo!.R'10 BUDGET TRANSFERS SEWER FUND ACCT #401- 300.1 343.52 343.53 Cash Forward Utility Penalty Insane Sewer Assessment Fees rrv+nv.r ac 20,000 10,000 ADJUSTED DECREASE BUDGET 6 4,000 15,000 3,320 I. 3yS Vii. D : 1p Si 20,000 28,000 50,000 130,000 10- 535.11 Executive Salaries 6,200 69,810 10- 535.12 Regular Salaries & Wages 6,000 291,955 10- 535.14 Overtone 6,000 18,000 10- 535.21 FICA Taxes 470 29,050 10- 535.23 Life & Health Insurance 12,500 28,840 10- 535.24 Workers Canpensation 3,400 19,300 10- 535.25 Unemployment Compensation 1,000 2,000 10- 535,313 Engineering Fees 7,000 16,490 10- 535,314 Physicals 260 700 10- 535.5210 Chemicals 14,000 42,600 19- 901,631 Collection Systsn Improvements 20,000 170,325 19- 901,644 Expansion Fund Costs 50,000 178,000 19- 901.99 Contingency 3,030 6,970 M:IInrWW�i�`i.y ai.0 y ADJUSTED ACCT #104- DESCRIPTION INCREASE DECREASE BUDGET 301.1 Cash Forward 1,000 -0- 364.49 Sales of Fixed Assets 2,499 2,499 BUDGET TRANSFERS LIBRARY FUND ADJUSTED AOCT #104- DESCRIPTION INCREASE DECREASE BUDGET 23- 571.45 Insurance 232 2,432 23- 571.91 Transfer To General Fund 1,267 97,937 00 01W ACCT #105- DESCRIPTION INCREASE DECREASE BUDGET 301.1 Cash Forward 34,018 54,018 EXPENDITURES 15- 539.12 Salaries & [cages 9,800 56,175 15- 539.21 FICA 'Rtes 595 4,335 15- 539.23 Life & Health Insurance 1,215 4,515 15- 539.45 General Insurance 740 2,335 15- 539.63 Landscaping 23,123 120,983 15- 539.64 Capital Equipment 975 2,825 CITY COUNCIL REGULAR MEETING MARCH 19, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on March 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 Joy Salamone; Mayor Pro Tem, John Porter; Council Members Andy Kedzierski, Rocky Randels and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, James Theriac; and City Clerk, Janet Leeser. Mr. Porter moved to approve the minutes of the Regular Meeting of March 5, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. Mayor Salamone read a Proclamation regarding Keep Brevard Beautiful Week and Trash Bash Day. At this time, Mr. Spenik requested a deviation from the agenda and turned the floor over to Mr. Don Arabian, coordinator of the recently held Patriot's Day Parade. Mr. Arabian recognized Street Department Foreman, Carl Akery; City Manager's Secretary, Alison Brown; and, Recreation Aide, Fran Norman, for their help with the parade. Mr. Arabian then presented Mayor Salamone with a Certificate of Appreciation signed by all parade participants. Mayor Salamone extended her thanks to the other members of the Parade Committee: Sara Hodge, Mary Winchester, Bruce and Paula Collins, Helen Filkins, Gennie Hill, and Shari Bieber. Mayor Salamone also acknowledged Dr. Gillig for his research and efforts. Dr. Gillig addressed the Council and members of the audience. Mayor Salamone called for a five - minute recess. The meeting was reconvened at 8:02 P.M. NEW BUSINESS 1. Resolution No. 91 -12 Supporting Beverage Container Deposit Legislation (Bottle Bill) A RESOLUTION ENCOURAGING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT BEVERAGE CONTAINER DEPOSIT LEGIS- LATION, ALSO KNOWN AS 'THE "BOTTLE BILL "; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. tor. Randels moved for adoption. Mr. Porter seconded motion. Mr. Randels and Mr. Kedzierski spoke in favor of the motion. Vote on the motion was unanimous. Resolution No. 91 -13 High Speed Rail and Utility Corridor between Orlando Airport and Port Canaveral A RESOLUTION REQUESTING THE STEERING COMMITTEE ON THE PROPOSED PORT CANAVERAL- ORLANDO AIRPORT UTILITY /RAIL CORRIDOR TO DELAY ITS SELECTION OF A ROUTE; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. Mayor Salamone City Council Regular Meeting March 19, 1991 Page 1 of 3 read the Resolution in its entirety for the benefit of the members of the audience. Mr. Randels, Mr. Porter and Mayor Salamone spoke in favor of the Resolution. Mr. Kedzierski voiced the opinion that the proposed Resolution was premature at this time and that the process of selecting a route should go forward. Discussion followed with many members of the audience, including Ms. Sara Hodge, Mr. .John Rutte, Mr. Jesse Fleming, Mr. Sandy Crawford and Mr. Don Arabian, speaking in favor of the Resolution. Mr. Leo Nicholas and Mr. John Thomas questioned the effectiveness of the Resolution. Discussion continued. Vote on the motion was as follows: In favor, Mr. Porter, Mr. Randels, Mayor Salamone and Mrs. Thurm; Opposed, Mr. Kedzierski. Resolution No. 91 -13 was adopted. Mayor Salamone called a five - minute recess. The meeting was reconvened at 9:00 P.M. 3. Motion Re: Authorization to make Recommended Changes in Harbor Heights Mayor Salamone reviewed the City Manager's recommendation and moved to authorize the proposed changes, with the exception of the pedestrian crosswalk in the 300 block of Harbor Drive and Coral Drive. Mr. Porter seconded motion. Mayor Salamone explained that the plan did not change the number of parking spaces, only the realignment of the present spaces. It was noted that the City had received a letter from one of the beach -front property owners objecting to the proposed parking adjacent to his property. Discussion followed. Mr. Theriac advised there was no legal problem with the parking since it would be on City right -of -way. Discussion followed on whether or not the proposed dune cross- over should be constructed. Mr. Porter voiced the opinion that the City should construct it while State grant funds were available. Mayor Salamone restated the motion on the floor and the proposed changes: additional signage at the entrance; installation of a bike rack at the beach; a realignment of the existing eleven parking spaces to straight -in parking; no parking allowed 8:00 P.M. to 6:00 A.M.; additional signage at the beach; four -way stop sign at the intersection of Harbor Drive and Coral Drive; and, construction of a dune crossover. Discussion continued regarding the problem with speeders on Harbor Drive. Mr. Randels moved to amend the motion to include the installation of at least two additional speed limit signs. Mr. Porter seconded the motion. Vote on the amendment was unanimous. Vote on the main motion, as amended, was unanimous. 4. Motion Re: Authorization to Sell Used Microfilm Reader Printer to City of Indialantic Mr. Kedzierski so moved. Mr. Porter seconded motion. Mr. Kedzierski and Mr. Randels spoke in favor of the motion. It was noted that the equipment would be sold for $200.00. Vote on the motion was unanimous. 5. Motion Re: Beautification Board's "Adopt -A -Tree Program" Mayor Salamone moved to postpone this item until the next Workshop Meeting. Mr. Randels seconded motion. Motion carried unanimously. City Council Regular Meeting March 19, 1991 Page 2 of 3 Motion Re: Easter Weekend Helicopter Service Mr. Porter moved to approve Wind Start Helicopter Service's request to offer helicopter rides from the Cape Sierra Club for three days, March 29th - 31st. Mr. Kedzierski seconded motion. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Porter, Mr. Randels and Mrs. Thurm; Opposed, Mayor Salamone. Motion carried. Discussion Re: Bicycle /Pedestrian Advisory Committee Mr. Spenik advised that there were no municipal representatives on the bicycle /pedestrian advisory committee. Discussion followed. Mayor Salamone will request support from the Space Coast League of Cities to have representation on the committee. ADD -ON ITEM Mr. Spenik requested that the following item be added to the agenda. Mr. Porter so moved. Mr. Randels seconded motion. Motion carried unanimously. Resolution No. 91 -14 Requesting Funding for the Canaveral Harbor Sand Bypass Facility A RESOLUTION REQUESTING THAT THE CONGRESS APPROPRIATE $5 MILLION IN FY 92 FOR THE CANAVERAL HARBOR SAND BYPASS FACILITY; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. fir. Porter moved for adoption. Mr. Randels seconded motion. Mr. Spenik advised that Mr. Joe Lapolla, Port Engineer, had requested the City adopt the Resolution because the requested funding was not approved. Mayor Salamone and Mrs. Thurm voiced objection to the Resolution because the funding for the extension of the jetty had been approved after the City was assured that the two projects, the jetty extension and the bypass facility, would not be split. Discussion followed. fir. Randels and Mr. Porter spoke in favor of the Resolution. Vote on the motion was as follows: In favor, Mr. Porter and Mr. Randels; Opposed, Mr. Kedzierski, Mayor Salamone and Mrs. Thurm. Resolution No. 91 -14 failed. There being no further business, the meeting was adjourned at 10:16 P.M. as amended Approved /this 2nd day of April 1991. n .r` May r Pty Clerk City Council Regular Meeting March 19, 1991 Page 3 of 3 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 Andy Kedzierski and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, Jim Theriac; and City Clerk, Janet Leaser. 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 I or 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 Construction of the 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 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 JET'r Y; 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. Res 1 -16 Interlocal 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 Resolution No. 91 -17 Interlocal Agreement with City of Cocoa regarding Delinquent Sewer Accounts A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER I N'TO 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 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. Motion /Discussion Re: Commitment on Fire Department 800 MHz Radio Mayor Salamone advised that the Fire Department v vote of confidence on the purchase of the radio Port would know the City was making a commitment next budget year. Mr. Porter so moved. Mrs. motion. Motion carried unanimously. as requesting a system, so the on the purchase Thurm seconded 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 AIA Banner Permit for Beachfest Mr. Spenik advised that the City had received a request to place a banner over AIA 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 t0 ESSX /Bell 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 FSSX /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. 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 Loeser. 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 Stems 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. Be 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 Discharqe 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• Mayor YA ty Cler City Council Combined Workshop & Regular Meeting April 2, 1991 Page 7 of 7 CITY COUNCIL REGULAR MEETING APRIL 16, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on April 16, 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 Andy Kedzierski, Ann Thurm, and Rocky Randels. Also present were City Manager, Edward Spenik; Deputy City Attorney, Jim Woodman; and City Clerk, Janet Leeser. Mr. Porter moved to approve the minutes of the Combined Workshop and Regular Meeting of April 2, 1991. Mrs. Thurm seconded motion. Motion carried unanimously. At this time, Mr. Porter read a Proclamation regarding Big Brothers /Big Sisters Appreciation Week; Mrs. Thurm read a Proclamation regarding Soil and Water Stewardship Week; and Mr. Kedzierski read a Proclamation regarding Boy Scouts of America Day. Mrs, Pat Szapor, Beautification Board Awards Chairman, joined Mayor Salamone in presenting the Spring Beautification Awards. The recipients of the awards were: Fred and Alicia Brittain, Residential Award; Gizella Townhomes, Multi- family Award; and Mountasia Fantasy Golf, Commercial Award. NEW BUSINESS Ordinance No. 5 -91 Establishing Ch apter 670, Discharae of AN ORDINANCE OF 'rHE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING CHAPTER 670, DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM, OF THE CODE OF ORDINANCES; ESTABLISHING PROCEDURES, DEFINING RESPONSIBILITIES, SETTING STANDARDS AND LIMITATIONS ON THE DISCHARGE OF WASTE INTO THE CITY'S SEWER SYSTEM; TO INCREASE PROTECTION TO THE SANITARY SEWER SYSTEM, TREATMENT WORKS AND THE ENVIRONMENT IN ACCORDANCE WITH STATE AND FEDERAL REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve First Reading. Mrs. Thurm seconded the motion. Mr. Scott Spooner stated that Mr. Ray Hanson, of PPO, would review the Ordinance prior to Final Reading. Mr. Randels spoke in favor of the proposed Ordinance. Discussion followed. Vote on the motion was unanimous. Ordinance No. 5 -91 was approved on First Reading. Ordinance No. 6 -91 Revising LDR Chapter 535, Sewer Impact Fees (First Read in and Public Hearing) AN ORDINANCE OF 'rHE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING CHAPTER 535, SEWER IMPACT ASSESSMENT; INCREASING SEWER IMPACT FEES TO BE PAID BY CUSTOMERS OF THE CAPE CANAVERAL WASTE WATER TREATMENT SYSTEM UPON CONNECTION TO SAID SYSTEM; REVISING THE BASIS FOR DETERMINATION OF IMPACT FEES FOR COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC'PIVF'. DATE. City Council Regular Meeting April 16, 1991 Page 1 of 3 Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve First Reading. Mr. Porter seconded the motion. Discussion followed. Mayor Salamone moved to amend as follows: Amend the first paragraph of Sec. 535.02(B) by deleting the words "for new construction" and by adding the following sentence at the end, "Upon signature of promissory note, a temporary Certificate of Occupancy for modification will be issued." Amend the second paragraph of Sec. 535.02(B) to read: "At the end of one year, or at the time the impact fee is paid in full, whichever occurs first, the permanent Certificate of Occupancy for modified structure will be issued." Move this paragraph to Section 535.05. Delete the third paragraph of Sec. 535.02(B) in its entirety. Amend Sec. 535.05 by adding the words "and Section 535.02(B)" wherever Section 535.01 is referenced. Mr. Kedzierski seconded the motion. Discussion followed. Vote on the motion was unanimous. Vote on the main motion on the floor was unanimous. Ordinance No. 6 -91, as amended, was approved on First Reading. 3. Ordinance No. 7 -91 Am ending Code Chanter AN ORDINANCE AMENDING CHAPTER 617, ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE NATIONAL CODE; REPEALING ALL PORTIONS OF THE CODE IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved to approve First Reading. Mr. Kedzierski seconded the motion. Mr. Porter explained that this Ordinance was necessary to update the City code. Vote on the motion was unanimous. Ordinance No. 7 -91 was approved on First Reading. 4, Resolution No 91 -18 Requesting Brevar County Separate the A RESOLUTION REQUESTING THAT THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS SEPARATE THE ISSUES FOR THE REFERENDUM VOTE ON THE PROPOSED ONE -CENT SALES TAX; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mayor Salamone moved for adoption. Mr. Porter seconded the motion. Discussion followed. Mr. Randels moved to amend the Resolution by adding the following at the end of Section 1: "if permitted by changes in pending State legislation." Mr. Porter seconded motion. Discussion followed. Vote on the motion was unanimous. Mr. Randels moved to add a new Section 2, as follows: "If pending State legislation is not approved, the City of Cape Canaveral hereby respectfully requests that the Brevard County City Council Regular Meeting April 16, 1991 Page 2 of 3 Board of County Commissioners place only one issue on the referendum, that being a one -cent sales tax, for a period of one year, for expansion of the Brevard County Detention Center." Mr. Porter seconded motion. Discussion followed. Vote on the motion was unanimous. Mr. Porter moved to amend the title to read: A RESOLUTION REQUESTING THAT THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS SEPARATE THE ISSUES FOR THE REFERENDUM VOTE ON THE PROPOSED ONE -CENT SALES TAX IF PERMITTED BY CHANGES IN PENDING STATE LEGISLATION: REQUESTING BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS PLACE ONLY ONE ISSUE ON THE REFERENDUM IF PENDING STATE LEGISLATION IS NOT APPROVED; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm seconded motion. Motion carried unanimously. Vote on the main motion on the floor was unanimous. Resolution No. 91 -18, as amended, was adopted. 5. Monthly Departmental Reports Mr. Porter read the monthly reports submitted by the Sheriff's Department, the Cape Canaveral Volunteer Fire Department, and the Recreation Center. Mrs. Thurm noted that the Wastewater Treatment Plant had no violations, and complimented Mr. Keith Jordan, Chief Lead Operator, and Mr. Bennett Boucher, Public Works Director, for a job well done. 6. City Manager's Report Mr. Spenik reported that the City had received correspondence from Brevard County regarding signs for sea turtle lighting regulations. This item will be discussed further at the next Workshop Meeting. DISCUSSION Mr. Randels reported on the status of the current Beautification Projects and his attendance at the recent Florida League of Cities Pre - legislative Conference. It was noted that Mr. Randels was appointed as a trustee of the Florida League of Cities Municipal Pension Trust Fund. Mrs. Thurm noted that DER was allowing the City to purchase trees in lieu of a fine for the effulent violation. She questioned Mr. Spenik about the Concurrency Management traffic management update. Mr. Spenik advised that he had solicted bids for the study and had decided to contract with the company that did the original study. Mr. Porter congratulated Mayor Salamone for being chosen Best Politican in Brevard County by Florida Today newspaper. There being no further business, the meeting was adjourned at 8:55 P.M. Approved this 7th day of May , 1991. Mayor t. ty clerk City Council Regular Meeting April 16, 1991 Page 3 of 3 CITY COUNCIL REGULAR MEETING MAY 7, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on May 7, 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; Council Members Andy Kedzierski, Ann Thurm, and Rocky Randels. Also present were City Manager, Edward Spenik; Deputy City Attorney, Jim Woodman; and City Clerk, Janet Leeser. Mayor Pro Tem, John Porter, arrived later in the meeting. Mr. Kedzierski moved to approve the minutes of the Regular Meeting of April 16, 1991. Mrs. Thurm seconded motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Ordinance No. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING CHAPTER 670, DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM, OF THE CODE OF ORDINANCES; ESTABLISHING PROCEDURES, DEFINING RESPONSIBILITIES, SETTING STANDARDS AND LIMITATIONS ON THE DISCHARGE OF WASTE INTO THE CITY'S SEWER SYSTEM; TO INCREASE PROTECTION TO THE SANITARY SEWER SYSTEM, TREATMENT WORKS AND THE ENVIRONMENT IN ACCORDANCE WITH STATE AND FEDERAL REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved for adoption. Mr. Randels seconded the motion. Mr. Scott Spooner stated that PPO had reviewed the Ordinance and found it to be quite comprehensive and sufficient. Discussion followed. Mrs. Thurm moved to amend Section 670.37 of the proposed regulations to read: "The City shall annually publish, in a news- paper of general circulation in the City, ... Mr. Kedzierski seconded motion. Discussion followed. Vote on the motion to amend was unanimous. Mr. Porter arrived at the meeting at this time. Mr. Randels spoke in favor of the proposed ordinance. Discussion continued. Vote on the main motion on the floor was unanimous. Ordinance No. 5 -91, as amended, was adopted on Second Reading. 2. Ordinance ND. 6 -91 Revising LDR Chapter 535, Sewer Impact AN ORDINANCE OF 'THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING CHAPTER 535, SEWER IMPACT ASSESSMENT; INCREASING SEWER IMPACT FEES TO BE PAID BY CUSTOMERS OF THE CAPE CANAVERAL WASTE WATER 'TREATMENT SYSTEM UPON CONNECTION TO SAID SYSTEM; REVISING THE BASIS FOR DETERMINATION OF IMPACT FEES FOR COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Council Regular Meeting May 7, 1991 Page 1 of 5 Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved for adoption. Mr. Kedzierski seconded motion. Mr. Randels spoke in favor of the motion but explained he was opposed to the section allowing the City to finance impact fees. Discussion followed. Mrs. Thurm moved to amend Section 535.02(B) of the proposed regulations, per the City Engineer's recommendation, by changing the word "modification" to "construction" in the last sentence; and by adding the following sentence. "At the end of one (1) year, or at the time the impact fee is paid in full, whichever occurs first, the owner will be issued the permanent certificate of occupancy for the structure." Mr. Kedzierski seconded motion. Vote on the motion to amend was unanimous. Vote on the main motion on the floor was unanimous. Ordinance No. 6 -91, as amended, was adopted on Second Reading. 3. Ordinance No. 7 -91 Amendinq Code Chapter 617 Electrical Code, Ado�tTnq 1990 Edition of National Electrical Code (Second Reading and Public Hearin AN ORDINANCE AMENDING CHAPTER 617, ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE NA'T'IONAL CODE; REPEALING ALL PORTIONS OF THE CODE IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. Mr. Randels spoke in favor of the motion. Vote on the motion was unanimous. Ordinance No. 7 -91 was adopted on Second Reading. NEW BUSINESS Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved to approve First Reading. Mr. Porter seconded motion. Motion carried unanimously. 2. Resolution No. 91 -19 Amending Garbage Collection Rates A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Randels seconded motion. Mr. Porter explained that the amount of increase was four percent, which is the cost of living increase specified in the contract. He further noted that there were some problems with the contractor that he felt should be addressed at another time. Discussion followed. City Council Regular Meeting May 7, 1991 Page 2 of 5 AN ORDINANCE AMENDING CHAPTER 660, LAND DEVELOPMENT CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, TO INCLUDE CHAPTER 670, DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE. It was pointed out that the increase amounted to 24¢ a month for a single family resident, and 15¢ for recycling. It was also noted that the contract called for the recycling fee to be adjusted every year. Discussion continued. Vote on the motion was unanimous. Resolution No. 91 -19 was adopted. Resolution No. 91 -20 Amending Sewer Rates A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mrs. Thurm moved for adoption. Mr. Porter seconded motion. It was pointed out that the cost -of- living increase for the sewer rates was 5.38, which was figured on a March to March basis. Discussion followed. Vote on the motion was unanimous. Resolution No. 91 -20 was adopted. Resolution No. 91 -21 Agreement with City Attorney A RESOLUTION AUTHORI2ING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH AMARI, THERIAC, ROBERTS, EISENMENGER 6 WOODMAN, P.A., BY AND THROUGH JAMES L. WOODMAN AS PARTNER, TO PROVIDE LEGAL SERVICE TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Kedzierski seconded motion. Mayor Salamone explained that the proposed contract called for Mr. Woodman to attend all Regular and Special Meetings of the City Council; twelve Planning and Zoning Board Meetings; all Code Enforcement Board Meetings; all Zoning Board of Adjustment meetings; and, all Construction Board of Adjustments and Appeals meetings. She noted the annual contract price was $26,400.00. Mrs. Thurm and Mr. Randels spoke in favor of having Attorney Kohn Bennett continue to attend the Planning and Zoning Board meetings. Mayor Salamone and Mr. Kedzierski voiced the opinion that the same attorney should attend all City meetings for continuity sake. Mr. Porter suggested trying the proposed contract, since it was only for four months. Discussion followed. Mr. Randels advocated having the attorney present at all Planning and Zoning Board Meetings. Mayor Salamone pointed out that the attorney would be available to attend other meetings of the Planning and Zoning Board, at the request of the City Manager. It was noted that the attorney's compensation for attendance at meetings not specified in the contract would be $75.00 per hour, which would be portal -to- portal, and include research time. Discussion continued. Vote on the motion on the floor was as follows: In favor, Mr. Kedzierski, Mr. Porter and Mayor Salamone; Opposed, Mr. Randels and Mrs. Thurm. Motion carried. Resolution No. 91 -21 was adopted. 5. Motion Re: Ridgewood Avenue Sidewalk Project Mr. Porter moved to approve the Ridgewood Avenue Sidewalk Project. Mr. Kedzierski seconded motion. It was noted the cost to the City would be $12,682.50, which would be funded by local City Council Regular Meeting May 7, 1991 Page 3 of 5 option gas tax revenue. Discussion followed. Vote on the motion was unanimous. 6. Motion Re: Nomination for E. Harris Drew Award Mr. Porter moved to nominate Mayor Joy Salamone and Council Member Rocky Randels for the E. Harris Drew Award. Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Porter will work with the City Manager on preparing the applications. 7. Motion Re: Appointment of Representatives to Brevard County Beach Erosion Committee Mayor Salamone moved to nominate City Manager, Edward Spenik, and Council Member, Ann Thurm to the Committee. Mr. Porter seconded motion. Discussion followed. Motion carried unanimously. DISCUSSION Mr. Scott Spooner, Consulting Engineer with Briley, Wild, and Associates, addressed Council on the deterioration of sewer gravity main #3A, from the Port. He advised that the Canaveral Port Authority had authorized $40,000 for the repair of the line at their meeting on September 19, 1990, Mr. Spooner further noted that the City would be going out for bid shortly on Phase IV of the sewerage system improvements, which would include the rehabilitation of the gravity main, and rehabilitation of four lift stations. In response from a question by Mrs. Thurm, Mr. Spooner also noted that the City would soon be advertising for bids for the construction of Tower Boulevard. He explained they were also preparing the Reuse Study /Treatment Plant Expansion Report and on a proposed interceptor ordinance. Mr. Randels presented the classroom book on Local Government, prepared by the Florida League of Cities, to Mayor Salamone. He also reported on the recent Brevard County Commission Meeting. Mr. Porter inquired as to the status of the mitigation with Randy Mays on the improper land clearing and requested that this item be placed on the next workshop agenda. Mr. Porter suggested that the City consider amending the Comprehensive Plan to address high speed rails and requested this item be discussed at a future workshop meeting. Mayor Salamone advised that a person was ticketed for parking on a concrete slab at the end of Washington Avenue. She requested that a clarification on the no parking area be discussed at the next workshop meeting, along with parking problems at beach end streets in general. Mayor Salamone reported that she and City Manager Spenik had traveled to Miami to meet with representatives of Coastal Fuels who had a petition before the Planning and Zoning Board to install a five - million gallon diesel fuel storage tank on their property at the north end of the City. She advised that the Coastal Fuel representatives stated this was their only planned replacement in the City at this time. Mayor Salamone suggested the City Council review the zoning regulations and Comprehensive Plan regarding what type, and capacity, of fuel storage tanks should be allowed. City Council Regular Meeting May 7, 1991 Page 4 of 5 Mr. Spenik reminded Council Members of the Space Coast League of Cities meeting. Mrs. Lesser inquired if the interviews of prospective Board Members should be scheduled for Regular Council Meetings, since the City Attorney would no longer be attending Workshop Meetings. She was told that this would be the correct procedure. There being no further business, the meeting was adjourned at 9:23 P.M. Approved this 21st day of May 1991. i t yor Pro Tem C ty Clerk City Council Regular Meeting May 7, 1991 Page 5 of 5 CITY COUNCIL REGULAR MEETING MAY 21, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on May 21, 1991, at the City Hall Annex, Ill Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Mayor Pro Tom, John Porter. Pledge of Allegiance was led by Mr. Porter. The roll was called by the City Clerk. Officials present were Mayor Pro Tem, John Porter; Council Members Andy Kedzierski, Ann Thurm, and Rocky Randels. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and City Clerk, Janet Loeser. Mayor Salamone was out -of -town. Mr. Kedzierski moved to approve the minutes of the Regular Meeting of May 7, 1991. Mr. Randels seconded motion. Motion carried unanimously. Mr. Porter read a Proclamation regarding "National Safe Boating Week." At this time, City Manager, Edward Spenik, and Public Works Director, Bennett Boucher, presented the Special City Employee Award to Maintenance Worker, Tony Martin. The Volunteer of the Month Award was presented later in the meeting to Ms. Jeanne Benson, for her services on the Code Enforcement Board. Mr. Woodman conducted an interview of prospective Library Board Member, Mr. Paul Acson. UNFINISHED BUSINESS Mr. Porter read the title of the Ordinance. Mr. Randels moved for adoption. Mrs. Thurm seconded motion. Mr. Randels explained this was a housekeeping item to place the recently adopted pre - treatment ordinance in the Land Development Regulations. Vote on the motion was unanimous. Ordinance No. 8 -91 was adopted on Second Reading. NEW BUSINESS I. Motion Re: Re nest for Proposal from Briley Wild & Associates on Stormwater Management Mr. Randels moved to request the City Engineers to prepare a proposal. Mrs. Thurm seconded motion. Mr. Spenik advised that the motion was requesting Briley, Wild and Associates to prepare a scope of study on Stormwater Management and a cost estimate. Discussion followed. Vote on the motion was unanimous. City Council Regular Meeting May 21, 1991 Page 1 of 3 AN ORDINANCE AMENDING CHAPTER 660, LAND DEVELOPMENT CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, TO INCLUDE CHAPTER 670, DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. 2. Motion Re: Emergency Pu rchase; City Hall Air Conditioner Mr. Kedzierski moved to approve the recent emergency purchase of an air conditioner for City Hall at a cost of $3,238.00. Mrs. Thurm seconded motion. Discussion followed. Vote on the motion was unanimous. 3. Motion Re: Florida Power & Light Central Boulevard Project Mr. Randels moved to have FPL install street lights on Central Boulevard between AIA and North Atlantic Avenue. Mr. Kedzierski seconded motion. Mr. Spenik advisd that there were some concrete poles being used in this area and questioned whether or not Council desired to have concrete poles utilized instead of wood poles. He noted the concrete poles would cost a total of $2,700.00 for four poles. He further noted that this would be a one time charge with no monthly rental compared with $3.49 monthly rental for wood poles. Discussion followed. Two questions were raised: Who would be responsible for replacement of the concrete poles; and, whether or not gasoline tax monies could be utilized to purchase the concrete poles. Mr. Spenik advised he would have to research these issues. Mrs. Thurm moved to postpone this item until the next meeting. Mr. Kedzierski seconded motion. Motion carried unanimously. 4. Motion re: Recycling Project Mrs. Thurm moved to authorize the purchase of a printer and software with the recycling revenue, not to exceed $2,135.00. Mr. Kedzierski seconded motion. Mr. Randels noted that the City Manager had indicated the printer and software would be utilized to print a newsletter to keep the citizens informed on the recycling program. Discussion followed on the proposed newsletter. Mr. Spenik explained that he would be the ultimate, responsible person for the newsletter publication and that it would initially be published four times a year. Mrs. Thurm requested an item be placed on the agenda regarding establishing newsletter publication guidelines prior to the newsletter being published. Mr. Randels voiced concern regarding the cost to mail the newsletter. Discussion continued. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Porter and Mrs. Thurm; opposed, Mr. Randels. Motion carried. 5. Motion Re: Budget Adoption Schedule Mr. Kedzierski moved to approve the Budget Adoption Schedule. Mr. Randels seconded motion. Motion carried unanimously. DISCUSSION Mr. Woodman reported that he had contacted Mr. Mays' attorney regarding replacement of the trees due to the illegal land clearing. He also noted he had prepared a proposed amendment to the parking regulations which would be discussed at the next meeting. Mr. Spenik advised that the additional "No Parking" signs had been installed at the end of Washington Avenue. Mr. Randels reported on the Library Board meeting. He also questioned if he should use his personal vehicle or a City car City Council Regular Meeting May 21, 1991 Page 2 of 3 to travel to and from the Pension Trust Fund quarterly meetings in Orlando. It was the consensus of Council that Mr. Randels do whichever he preferred. There being no further business, the meeting was adjourned at 8:33 P.M. Approved this 4th day of June , 1991. Ma or City Council Regular Meeting May 21, 1991 Page 3 of 3 CITY COUNCIL REGULAR MEETING JUNE 4, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on June 4, 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; and, Council Members Ann Thurm and Rocky Randels. Also present were City Manager, Edward Spenik; City Attorney, .Jim Woodman; and City Clerk, Janet Loeser. Mayor Pro Tem, John Porter, was ill and Council Member Andy Kedzierski was out -of -town. Mr. Randels moved to approve the minutes of the Regular Meeting of May 21, 1991. Mrs. Thurm seconded motion. Motion carried unanimously. UNFINISHED BUSINESS Motion Re: Florida Power & Light Central Boulevard Project (Postponed 5- 21 -91) Mayor Salamone moved to accept the City Manager's recommendation to install four new poles and eleven new lights on Central Boulevard, between north Atlantic Avenue and AIA, at an annual cost of $1,731.00. Mr. Randels seconded motion. Discussion followed. Motion carried unanimously. NEW BUSINESS 1. Ordinance No. 9 -91 Amending Code Chapter 685, Parki AN ORDINANCE OF THE C LTY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 685, PERKING REGULATIONS; TO ADD A SECTION CONCERNING NO OVERNIGHT PARKING BETWEEN THE HOURS OF 10:00 P.M. AND 5:00 A.M.; TO ADD A DEFINITIONAL SECTION; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve First Reading. Mrs. Thurm seconded motion. Discussion followed. Mr. Randels voiced concern over the wording in the Ordinance. City Attorney Woodman suggested the first sentence of the proposed Section 685.05 be amended to read: "It shall be unlawful for any vehicle to park on any of the beach -end streets, east of Ridgewood Avenue, between the hours of 10:00 P.M. and 5:00 A.M., ... Mr. Randels so moved. Mrs. Thurm seconded the motion. Vote on the motion was unanimous. Vote on the main motion was unanimous. Ordinance no. 9 -91, as amended, was approved on First Reading. Resolution No. 91 -22 Appointing Alternate Member to the Library Board A RESOLUTION APPOINTING AN ALTERNATF, MEMBER 'TO THE LIBRARY BOARD OF 'THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels City Council Regular Meeting .June 4, 1991 Page 1 of 3 moved for adoption. Mrs. Thurm seconded motion. Motion carried unanimously. '4r. Paul Acson was appointed as an alternate member of the Library Board. 3. Resolution No. ' Su ortin H.R. 1495 Which Would Provide Additional PILT Money or Brevard County A RESOLUTION SUPPORTING H.R. 1495 IN THE HOUSE OF REPRE.S'ENTATIVES OF THE CONGRESS OF 'PHE UNITED STATES WHICH WOULD PROVIDE ADDITIONAL PICT MONEY FOR BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of tho Resolution. rir. Randels moved for adoption. Mrs. Thurm seconded motion. Mr. Randels spoke in favor of the Resolution. Vote on the motion was unanimous. 4. Motion Re: Agreement with Dobson Bjernin Duffey s Rosenfield for Audit Services for 1990 -91 Mrs. Thurm moved for approval of the agreement. Mr. Randels seconded motion. It was noted that the cost for the audit services would be $18,275.00, which reflected a 78 increase. Vote on the motion was unanimous. 5. Motion Re: Authorization to Install Gutters on Library Building Mr. Randels so moved. Mrs. Thurm seconded motion. Mr. Spenik advised that the cost of the gutters and downspouts, including installation, would not exceed $1,800.00. Discussion followed. Vote on the motion was unanimous. DISCUSSION Mr. Spenik reported on the status of the County referendum on the .01 cent sales tax. Mr. Woodman advised that he had spoken with Mr. Randy Mays' attorney, who has agreed that Mr. Mays could negotiate directly with Mr. Spenik. Mr. Woodman further noted that he had not received a response from the Roman Holiday Spa, Mr. Randels raised the question of whether or not the City should request a second hearing on the proposed heliport at the Port. Discussion followed. Mr. Spenik was directed to request another hearing. Mr. Randels requested that the City address the impact fees for Fire Protection. Mr. Spenik suggested this be done during the budget process. Discussion was held on Brevard County's convenience store safety law. It was suggested that the City consider adopting similar regulations. This item will he placed on a future Workshop Meeting agenda. Mr. Fred DiStasio and Mayor Salamone reported on the status of the June Clean -up Month Campaign. There being no further business, the meeting was adjourned at 8:12 P.M. City Council Regular rieeting June 4, 1991 Page 2 of 3 Approved this 2nd day of July , 1991. yo ty Clerk City Council Regular Meeting June 4, 1991 Page 3 of 3 CITY COUNCIL REGULAR MEETING JULY 2, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on July 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 Salamone; Mayor Pro Tem, John Porter; Council Members Ann Thurm and Rocky Randels. Also present were City Manager, Edward Spenik; City Attorney, .Jim Woodman; and City Clerk, Janet Loeser. Council Member Andy Kedzierski was not in attendance. Mr. Porter moved to approve the minutes of the Regular Meeting of June 4, 1991. Mrs. Thurm seconded motion. Motion carried unanimously. At this time City Attorney Woodman interviewed Ms. Marianne Sheffield, a prospective member for the Code Enforcement Board. This item will be placed on the agenda for the next Workshop Meeting. UNFINISHED BUSINESS 9 -91 Amend Park AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 685, PARKING REGULATIONS; TO ADD A SECTION CONCERNING NO OVERNIGHT PARKING BETWEEN THE HOURS OF 10:00 P.M. AND 5:00 A.M.; TO ADD A DEFINITIONAL SECTION; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of moved for adoption. Mr. Porter followed. Vote on the motion was was adopted on Second Reading. the Ordinance. Mr. Randels seconded motion. Discussion unanimous. Ordinance No. 9 -91 NEW BUSINESS Resolution No. 91 -24 Contract with Animal Control Officer A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO ENTER INTO AN AGREEMENT WITH RAYMOND W. FOX TO PROVIDE ANIMAL CONTROL OFFICER SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mayor Salamone seconded the motion. It was pointed out that Mr. Wes Fox, the City's Animal Control Officer, had accepted a position at the Wastewater Treatment Plant as an Operator Trainee, which is a 40 hour a week position. It was further noted that under the terms of the proposed contract, Mr. Fox would perform the duties of Animal Control Officer 15 hours per week, on an independent contractor basis, which would be in addition to the 40 hour per week position at the Wastewater Treatment Plant. The question was raised regarding the legality of contracting with a City employee, over and above 40 hours per week. Mr. Spenik advised it would be necessary for Mr. Fox to form a corporation, in which event there would be no problem. Discussion followed. City Council Regular Meeting July 2, 1991 Page 1 of 2 Vote on the motion was unanimous. Resolution No. 91 -24 was adopted. Mr. Woodman noted that the contract would be revised prior to the City executing the agreement. DISCUSSION Mr. Porter moved to add two emergency items to the agenda, at the City Manager's request. Mayor Salamone seconded the motion. Vote on the motion was as follows: In favor, Mr. Porter and Mayor Salamone; Opposed, Mr. Randels and Mrs. Thurm. Motion failed. Mayor Salamone requested that a Special Meeting be scheduled to address the two items. A Special Meeting was scheduled for July 9, 1991, at 7 :00 P.M, for the purpose of taking action on Resolution No. 91 -25 Appointing Deputy City Clerks, and a decision on Legal Counsel. Mr. Randels requested copies of the monthly Treasurer's Report. Mr. Randels reviewed PPO's quarterly report and suggested Council address some of the recommendations contained therein. He further noted that the Council needed to take action to appoint a voting delegate for the Florida League of Cities. This item will be placed on the next Workshop Meeting agenda. Mr. Porter reported on FPL's proposal to bring a petroleum product into Central Florida, possibly through Port Canaveral. Mr. Fred DiStasio reported on the June Clean -Up and thanked Council for their support. Mr. Spenik reminded Council of the Executive Session meeting, to be held immediately following the Council Meeting. Mr. Woodman advised that according to State Statutes, the Chief Executive Officer, or his representative, shall attend the Executive Session with the Legislative Body. There being no further business, the meeting was adjourned at 8:17 P.M. Approved this 16th day of July , 1991. Mayor CI y C1e rk � � C% City Council Regular Meeting July 2, 1991 Page 2 of 2 CITY COUNCIL SPECIAL MEETING JULY 9, 1991 A Special Meeting of the City Council of the City of Cape Canaveral, Florida was held on July 9, 1991, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:23 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; and Council Member, Rocky Randels. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and City Clerk, Janet Lesser. Mr. Andy Kedzierski and Mrs. Ann Thurm were not in attendance. NEW BUSINESS 1. Resolution No. 91 -25 Appointing Deputy City Clerks A RESOLUTION APPOINTING DEBBIE LEIGH MORRIS AND EVELYN HUTCHERSON ACTING DEPUTY CITY CLERKS TO ACT ONLY IN THE ABSENCE OF THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Mr. Porter moved to adoption. Mr. Randels seconded motion. Mr. Randels questioned the need for this action being done by Resolution. Mr. Spenik advised that it was his opinion the Deputy City Clerks should be appointed in this way in case any action they perform is challenged. Discussion followed. It was pointed out that Ms. Debbie Morris would serve as the primary Deputy Clerk in the absence of City Clerk, Jan Loeser, with Mrs. Hutcherson only serving in that capacity if both Mrs. Leeser and Mrs. Morris were unavailable. Vote on the motion was unanimous. Resolution No. 91 -25 was adopted. 2. Motion Re: Legal Counsel Mayor Salamone moved to accept the City Manager's recommendation on the John and Ivy Bolanowski case. Mr. Randels seconded motion. Mr. Randels requested clarification on the events leading to this request. City Attorney Woodman explained that he had represented the Bolanowskis prior to being appointed City Attorney. He further noted that they have subsequently challenged a decision of the Building Official's by filing a request for Administrative Appeal, which has been brought before the Zoning Board of Adjustment. Mr. Woodman noted that he had previously advised the Mayor and City Manager of his representation of the Bolanowskis, but the Zoning Board of Adjustment, as well as the Bolanowskis insurance company, felt there was a conflict by his representation of both sides. Mr. Woodman noted that he had since withdrawn as attorney for the Bolanowskis, as well as from representing the City in this case. Discussion followed. Mayor Salamone clarified that the motion would authorize the City Manager to engage a law firm versed in municipal law to represent the City in this matter. Vote on the motion was unanimous. City Council Special Meeting July 9, 1991 Page 1 of 2 There being no further business, the Special Meeting was adjourned at 7:34 P.M. Approved this 16th day of July 1991. Mayor &p JClty Clerk City Council Special Meeting July 9, 1991 Page 2 of 2 CITY COUNCIL REGULAR MEETING JULY 16, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on July 16, 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 Deputy City Clerk. Officials present were Mayor Salamone; Player Pro Tem, John Porter; Council Members Andy Kedzierski and Rocky Randels. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and Deputy City Clerk, Debbie Morris. Council Member Ann Thurm was not in attendance. Mr. Porter moved to approve the minutes of the Regular Meeting of July 2, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Randels moved to approve the minutes of the Special Meeting of July 9, 1991. Mr. Porter seconded motion. Motion carried unanimously. Mrs. Pat Szapor, Beautification Board Awards Chairman, joined Mayor Salamone in presenting the Summer Beautification Awards. Awards were presented to Jim and Nancy Kehoe (Residential); Palms East Apartments (Multi - family); and Imperial Research (Commercial). NEW BUSINESS 1. Resolution No. 91 -26 Appointment of Alternate Member to the Code Enforcement Board A RESOLUTION APPOINTING A MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Porter seconded the motion. The motion carried unanimously. Marianne Sheffield was appointed as an alternate member of the Code Enforcement Board. 2. Resolution No. 91 7 Establishin a Tentative Proposed Nillage Rate for FY 1 -92 A RESOLUTION ADOPTING A TENTATIVE. PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1991 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Randels seconded the motion. The motion carried unanimously. 3. Motion Re: Voting Delegate for Florida League of Cities It was pointed out that on December 4, 1990, the City Council nominated Mr. Randels as the City's voting delegate and Mayor Salamone to the Executive Board. It was the consensus of Council to maintain the status quo. City Council Regular Meeting July 16, 1991 Page 1 of 2 4. Motion Re: Bid No. 91 -7 Fencing for the Washington Avenue Park Project Mr. Randels moved to reject all bids as they exceeded the amounts expected to be received. Mayor Salamone seconded the motion. Vote on the motion was unanimous. Mr. Kedzierski asked that Mr. Spenik Look into having the City employees install the fence. 5. Discussion Re: Le q islative Statement for League of Cities Submission to Brevard Dele ation Each Council member spoke on the topics that most interested them. Among those topics were Reuse Water; Stormwater Manage- ment; Growth Management Studies; Bottle Bill Legislation; Environmental Clean -Up; Recycling Programs; Partial Year Tax Assessments; Phosphate Legislation; and Sand Transfer Plant Funding. 6. Discussion Re: Annexation Council approved the letters drafted by Mr. Woodman to Mayor Bob Lawton, Cocoa Beach, and County Administrator Tom Jenkins, regarding annexation of "No Man's Land ". Discussion followed. 7. Monthly Activity Reports No discussion was held on this item. 8. City Manager's Report Mr. Spenik offered suggestions for utilizing the remaining funds from the local option gas tax. Discussion followed. This item will be discussed further at the next Workshop Meeting. DISCUSSION Discussion was held regarding the CCVFD contract Compliance Review. Mr. Rocky Littler, Treasurer Of CCVFD, requested clarification regarding where in the State Statute it specified that this review was required. Mr. Woodman will research prior to the next meeting. Mr. Randels requested that the land purchase for a master pump station be placed on the next Workshop Meeting agenda. Mayor Salamone advised that she would not be able to attend the August 1st meeting and requested that Mr. Terry Corkori, of Traffic Management Planners, be present at the following Workshop Meeting. Discussion was held on the dune crossover and parking arrange- ments in Harbor Heights. There being no further business, the meeting was adjourned at 9:25 P.M. Approved this 6th day of August , 1991. M or l j "4 eputy city C k City Council Regular Meeting July 16, 1991 Page 2 of 2 1-ry a 3 a U 3 a Y Ica � �-oxca N r rS to N r a N . rT o n 17] s rl G] a %], a m aw r n a £ a a a G fr L N h v G �J a wn m � u7 '* a aY''c Z c a trams n 0O K c N O m a a • K O ` r n 4 o G rn Knr' a a a m a 0 rr n O S Cr . K � D K G O m rr c n a ;3 aa O 7 r r 0 (p io r m X C u n G� G ry H ;u n L�7 2 �Hn �o z CITY COUNCIL REGULAR MEETING AUGUST 6, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on August 6, 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 Tom, John Porter; and Council Members Andy Kedzierski, Rocky Randels, and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and City Clerk, Janet Leeser. Mr. Porter moved to approve the minutes of the Regular Meeting of July 16, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. NEW BUSINESS wi A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO PROVIDE FIRE: PROTECTION AND EMERGENCY MEDICAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. City Attorney Woodman advised that the agreement had not been prepared and requested the Resolution be tabled until the City receives the agreement and he has reviewed it. Mayor Salamone so moved. Mr. Porter seconded motion. Motion carried unanimously. 2 Resolution No. 91 -29 Ag reement with Brevard County for Police Services for FY 1991 -92 A RESOLUTION AUTHORIZING THE MAYOR AND 'THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE HREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO 'THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mr. Woodman advised that this agreement also had not been prepared and requested the Resolution be tabled until the City receives the agreement and he has reviewed it. Mayor Salamone so moved. Mr. Porter seconded motion. Motion carried unanimously. 3. Resolution No. 91 -30 Opposing the Widening of Atlantic Avenue and Supporting Alternate Improvements A RESOLUTION OPPOSING THE STATE ROAD AIA WIDENING TO SIX (6) LANES, AND TO SUPPORT ALTERNATE. IMPROVEMENTS LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone moved for adoption. fir. Porter seconded motion. Mayor Salamone explained that it was her opinion the City should take a position on the issue. Mr. Randels explained that he thought adoption of the Resolution was premature at this time and suggested an Ad Hoc_ Committee be appointed to study the matter before taking a position. Discussion followed. City Council Regular Meeting August 6, 1991 Page 1 of 4 Mr. Porter suggested a referendum be held on the issue. He further suggested a task force or citizens action committee be appointed to study the issue. Mr. Kedzierski spoke against the Resolution. Mrs. Thurm noted that although she was personally opposed to the widening of AlA, she would abstain from voting because she owns property along the road. Discussion continued. Mr. Porter moved to amend by deleting Section 4 in its entirety. Mr. Randels seconded motion. After further discussion, Mr. Randels suggested the amendment include the following: Change the word "opposes" to "expresses concern" in Section 1; delete the words "instead the" in Section 2; change the word "directs" to the word "suggests" in section 3. Several members of the audience, including Ms. Helen Filkins, Mr. Don Arabian, Ms. Jean Katsaros, and Mr. Anthony Johnson, Chairman of the Cocoa Beach Citizens Action Committee, spoke in favor of the proposed Resolution. Mr. Johnson encouraged the Council to adopt the Resolution as presented. Discussion continued. Mr. Randels suggested the Resolution be tabled until the next regularly scheduled Workshop Meeting. Hayor Salamone so moved. Mr. Porter seconded motion. Motion carried unanimously. 4. Motion Re: Impasse Reqardinq Negotiations for Labor Mr. Elmer sevor was in attendance representing the Union. Mr. Woodman presented the City's position on the impasse, as detailed on the attached memorandum from the City Manager dated July 31, 1991, a copy of which is attached hereto and made a part hereof by reference: 1. Article XI, Section 2 (Holidays) City agreed that employees should receive Veterans Day as a holiday; employee's birthday would be exchanged for the holiday. 2. Article XVI, Wages (COLA) City would grant a 2% Cost - of- Living Adjustment. 3. Article XVI, Wages (Merit Increases) The City's position was that the maximum amount of a Merit Increase should be 40 cents per hour. 4. Article XVI, Wages In addition, the City would grant an across- the -board increase of $1.00 per hour for all certified A, B, and C Wastewater Treatment Operators. The City will also look into better benefits for the employees in the way of affordable family health insurance. Mr. Sever responded as follows: 1. The employees would rather retain their birthday than receive Veteran's Day off. 2. Requested 5.2% COLA, which is in line with the Consumer Price Tndex. 3. Requested no cap on the Merit Increase. 4. Appreciated the City's acknowledging the Wastewater Treatment Plant Operators but requested the same amount for other members of the bargaining unit who have obtained certification in other areas. City Council Regular Meeting August 6, 1991 Page 2 of 4 CITY COUNCIL REGULAR MEETING AUGUST 20, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on August 20, 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 and Rocky Randels. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and, City Clerk, Jan Leeser. Council Member Ann Thurm was ill. Mr. Porter moved to approve the minutes of the Regular Meeting of August 6, 1991. Mr. Randels seconded motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Resolution No. 91 -30 Opposing the Widening of AIA and Supporting Alternate Improvements A RESOLUTION OPPOSING THE STATE ROAD AIA WIDENING TO SIX (6) LANES, AND SUPPORTING ALTERNATE IMPROVEMENTS LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mayor Salamone moved for adoption. Mr. Porter seconded motion. Mr. Porter advised that he would support the Resolution if the City would actively lobby for improvements to the roadway. Mr. Randels shared the opinion that the City should campaign for improvements and suggested that this item be discussed at a future Workshop Meeting. Discussion followed. It was pointed out that the City should continue their endeavor to secure a position on the MPO. Mr. Kedzierski spoke against the Resolution. Members of the audience, Ms. Helen Filkins, Mr. Charles Matheson, and Mr. Bruce Collins, spoke in favor of the Resolution. Vote on the motion was as follows: In favor, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mr. Kedzierski. Motion carried. Resolution No. 91 -30 was adopted. NEW BUSINESS 1. Monthly Activity Reports There was no discussion on the monthly reports. DISCUSSION Mr. Spenik advised that the City had received a copy of the proposed utility corridor between Port Canaveral and Orlando International Airport, which would be available in the City Clerk's office. Mr. Spenik recommended dedicating the Washington Avenue Park to Alex Shuford. This item will be discussed further at the next Workshop Meeting. Discussion was held on the number of illegal Garage Sale Signs in the City on the weekends. City Council Regular Meeting August 20, 1991 Page 1 of 2 Mayor Salamone asked for volunteers to participate in the MDA fund raiser at Mountasia Fantasy Golf on Labor Day Weekend. There being no further business, the meeting was adjourned at 8:19 P.M. Approved this 3rd day of September , 1991. M yo W-11WISWINVIN ,f City Council Regular Meeting August 20, 1991 Page 2 of 2 CI'T'Y COUNCIL REGULAR MEETING SEPTEMRER 3, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on September 3, 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 Clark, Jan Loeser. Mr. Porter moved to approve the minutes of the Regular Meeting of August 20, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. At this time, Mayor Salamone read a Proclamation acclaiming Main- tenance Foreman, Carl Akery, for his 25 years of service with the City, and naming the City maintenance garage the "Carl Akery Maintenance Facility." The City presented Mr. Akery with a Certificate of Appreciation. Mr. Akery received gifts from the City and the Department Heads. PUBLIC HEARINGS 1. Resolution No. 91 -31 Adopting Tentative Millage Rate A RESOLUTION ADOPTING A TENTATIVE MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1991 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE, CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE,. Mayor Salamone read the title of the Resolution and advised that the millage rate specified in the Resolution was as follows: Beautification, .4812 mill; Library, .0382 mill; Storm Drainage, .1995 mill; Police Protection, .5000 mill; and, Fire /Rescue Service, .2500 mill. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. Mrs. Thurm pointed out that all millages were approved by referendum, with this being the first year the millage for Police Protection and Fire /Rescue Service would be imposed. Mr. Randels voiced concern regarding adopting the entire voted- approved millage for Police Protection, prior to finalizing the contract with the Sheriff's Department. It was noted that the millage rate can be adopted at a lower rate at the final hearing. Discussion followed. Mr. ,Jay Saverwein, of the Sand Pebbles Condo Association, questioned the proposed millage for Police Protection, citing concerns with service received. Discussion continued. There being no further comments from members of the audience, Mayor Salamone requested that the question be called. Vote on the motion was unanimous. Resolution No. 91 -31 was adopted. Mayor Salamone advised the . final hearing on the millage would Dn held on September 16, 1991 2. Resolution No. 91 -32 Adopting Tentative Annual Budget for FY 1991 -92 A RESOLUTION ADOPTING THE TENTATIVE. ANNUAL CENF_RAL FUND, SEWER FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND AND City Council Regular Meeting September 3, 1991 Page 1 of 4 CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution and noted the amounts of the different funds as follows: General Fund $ 2,655,170.00 Special Revenue Fund 483,795.00 Sewer Enterprise Fund 1,271,600.00 Debt Service Fund 85,742.00 Capital Improvement Fund 307,575.00 TOTAL $ 9.803,882.00 Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. Mr. Leo Nicholas questioned several budget line items. Mr. Randels advised he was not comfortable utilizing reserve funds to fund capital items. Mr. Randels also voiced concern regarding back charging from one fund to another. Discussion followed. There being no further comments from members of the audience, Mayor Salamone requested that the question be called. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Porter, Mayor Salamone, and Mrs. Thurm; Opposed, Mr. Randels. Motion carried. Resolution No. 91 -32 was adopted. Mayor Salamone advised the final budget hearing would be held on September 16, 1991. NEW BUSINESS 1. Resolution No. 91 -33 Reappointment of Planning and Zoning Board Members A RESOLUTION REAPPOINTING 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. Mr. Randels moved for adoption. Mr. Porter seconded motion. It was noted that the Resolution would reappoint Board Members Lamar Russell, Art Berger, Wayne Washburn and Mary Wheeler. Mayor Salamone moved to amend the Resolution by deleting Section 3, reappointing Wayne Washburn to the Board. Mr. Porter seconded motion. Mayor Salamone noted that this Board member's non - attendance and tardiness at meetings was unfair to the other Board members and not in the best interest of the City. Discussion followed. Mr. Kedzierski spoke in favor of the motion. Vote on the motion was as follows: In Favor, Mr. Kedzierski, Mr. Porter, Mayor Salamone and Mrs. Thurm; Opposed, Mr. Randels. Motion carried. Vote on the main motion on the floor, for adoption of Resolution No. 91 -33, was unanimous. Mr. Russell, Mr. Berger, and Mrs. Wheeler were reappointed to the Board. 3. Motion Re: Award of Bid No. 91 -4, Rehabilitation of Gravit Sewer Main 3A Mr. Randels moved to follow the City Engineer's recommendation and award Bid No. 91 -4 to Enviroq Services, Inc., in the amount of $46,650.00. Mrs. Thurm seconded motion. It was pointed out that award of the bid would be contingent upon the Canaveral Port Authority funding the entire cost of the rehabilitation. Discussion followed. Vote on the motion was unanimous. City Council Regular Meeting September 3, 1991 Page 2 of 4 4. Motion Re: Award of Bid No. 91 -8, Sewa e System Im rove - ments, Phase IV Mrs. Thurm moved to follow the City Engineer's recommendation and award Bid No, 91 -8 to McMann Construction Company, in the amount of $139,010,00. Mr. Porter seconded the motion. Motion carried unanimously. 5. Mot R e: Rescheduling Time of Special Council Meeting on September 16 Mr, Porter moved to reschedule the Special Council Meeting on September 16th, to 7:30 P.M. Mrs. Thurm seconded motion. Motion carried unanimously, DISCUSSION Mayor Salamone advised the State of Florida had scheduled the hearing on the proposed Port Canaveral heliport for October 9th, at 1:00 P.M. at the City Council Chambers. She noted the State would not hold the hearing in the evening, as the City had requested. Discussion followed on whether or not there was any new technical information to be presented, Mayor Salamone advised that citizens of the City felt they had new information to present. Mr. Spenik noted the City would be conducting a sale, by sealed bid, of abandoned vehicles and bicycles, with bid opening scheduled for October 16th, Mr, Spenik distributed a copy of the DOT feasibility study on School Crossing Guards and suggested it be scheduled for discussion at a future Workshop Meeting, Mr, Woodman advised that review of the proposed contract received from the Sheriff Department was not specific_ in addressing a Lieutenant at the Canaveral Precinct, and there was nothing in the contract regarding contract compliance review, Mr. Spenik will request revisions to the contract prior to the next Workshop Meeting, Mr. Woodman noted that he had not received the entire contract from the Cape Canaveral Volunteer Fire Department. Mrs. Leeser advised the contract had been faxed to his office the previous week. This item will be placed on the next Workshop Meeting agenda. Mr. Randels voiced appreciation to the City Manager for having the Code Enforcement Officer work on the weekend to address Garage Sale signs. Discussion folLowed. It was suggested that Code Enforcement activities he addressed at a future Workshop Meeting. Mrs, Thurm requested that the City Council request the City Attorney to draft an opinion on what items may or may not be done by an individual Council Member, as opposed to a body, per the City Code and Charter, and State Law; also, what the City Manager may or may not do without direction from Council. Discussion followed. Mr. Porter requested that the opinion also address the use of City letterhead by individual Council members. Mr. Woodman advised he would prepare the opinion at not extra cost to the City, Mayor Salamone advised that a priest from Guidonia, Italy, the City's Sister City, was in Miami and would be arriving the following day. She noted that he wished to tour the Space City Council Regular Meeting September 3, 1991 Page 3 of 4 Center, and would need accommodations for one night. Discussion followed. Mrs. Therm volunteered to take him to the Space Center and make accommodations. Mayor Salamone noted she would take him to dinner, and asked other Council Members to join her. Mayor Salamone called for a ten - minute recess, in order to phone the visitor and finalize plans. The meeting was reconvened at 9:01 P.M. Mr. Say Saverwein inquired about the problem of beach erosion and what was being done about it. Mr. Randels gave a status report, Mayor Salamone noted that lack of funding was the problem and suggested a letter writing campaign to State and Federal officials. There being no further business, the meeting was adjourned at 9:18 P.M. Approved this 17th day of September 1991. �i MOO � ty Clerk City Council Regular Meeting September 3, 1991 Page 4 of 4 CITY COUNCIL SPECIAL MEETING SEPTEMBER 16, 1991 A Special Meeting of the City Council of the City of Cape Canaveral, Florida was held on September 16, 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 Tom, John Porter; and Council Members Andy Kedzierski, Rocky Randels and Ann Thurm. Also present were City Manager, Edward Spenik; Finance Director, Bennett Boucher; and City Clerk, Janet Loeser. PUBLIC HEARINGS Resolution No. 91 -34 Adopting Millage Rate A RESOLUTION ADOPTING A MILLAGE RATE, FOR THE LEVY OF AD VALOREM TAXES FOR 1991 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution, and the proposed millage rates, as follows, noting the total proposed millage rate was 1.4689, which was a total increase of 57.58: 4812 Mill - Beautification 0382 Mill - Library 1995 Mill - Storm Drainage 2500 Mill - Fire /Rescue Service 5000 Mill - Police Protection Mayor Salamone pointed out that the millage for the Fire /Rescue Service and Police Protection were approved by referendum vote last year and were being instituted this year. Mr. Porter moved for adoption. Mr. Kedzierski seconded moved. There were 34 citizens in attendance. Mr. Jim Rodgers and Mr. Hal Sullins questioned the method of computation on their tax notices received from Brevard County, citing the dollar amount reflected an increase larger than the proposed 57.58. Discussion followed. Mr. Rodgers and Mr. Sullins were directed to contact the Brevard County Property Appraiser regarding the notices and to report back to Council if the matter was not handled to their satisfaction. Mr. Brian Grigsby, President of the windjammer Condominium Association, read a letter into the record expressing concern regarding the proposed tax increase, a copy of which is attached hereto and made a part hereof by reference. Mr. Russ Deveau, Mr. Robert Blevens, Ms. Donna Rite and Ms. Maria Marino, voiced concern on the proposed millage for beautification. It was pointed out that the beautification tax, as all ad valorem taxes in the City, were voter approved and to eliminate the beautification tax altogether would require a referendum. Discussion followed. It was noted that the amount of revenue generated by the tax for police protection funded only a portion of the contract with Brevard County, and that the level of service would be increased this fiscal year because of the new millage. Discussion continued. City Council Special Meeting September 16, 1991 Page 1 of 3 There being no further questions or comments by members of the audience, Mayor Salamone requested that the question be called. Vote on the motion was unanimous. Resolution No. 91 -34 was adopted. 2. Resolution No. 91 -35 Adopting Annual Budget for FY 1 -92 A RESOLUTION ADOPTING THE ANNUAL GENERAL FUND, SEWER FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992; PROVIDING AN EFFECTIVE DATE. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. Mr. Spenik advised that the proposed budget was frugal and contained three positions less than the FY 1990 -91 budget. Citizen Maria Marino questioned how the proposed all- terrain vehicle would be utilized. Mr. Spenik advised it would be used by the Animal Control Officer and the Sheriff's Department for patrolling the beach, and by the City maintenance crew to empty trash barrels on the beach. Discussion was held on utilizing $284,265.00 out of reserve funds to fund the capital improvement budget. Mr. Randels moved to amend the the Capital Improvement Schedule of Expenditures as follows: delete the $50,000.00 Stormwater Master Plan; defer purchase of all other capital items until nine months into the fiscal year, at which time they will be reviewed by Council; provide funding for the Police and Fire contractual obligation items, and the Street Department items which would be purchased with local option gas tax revenue: Police Three Vehicles $49,500 Capital Other 5,300 Fire 800 MHz Radio System 65,000 Air Cascade System 5,500 Street Flatbed Truck 28,000 Pick -up Truck 10,000 Sidewalks 55,310 Mr. Porter seconded motion. Discussion followed. Vote on the motion to amend was unanimous. Motion carried. Mayor Salamone moved to eliminate travel and per diem from all funds, except $200.00 to be left in the account for mileage and toils; and, to eliminate conferences, conventions and seminars from all funds. Mrs. Thurm seconded motion. Discussion followed. Mayor Salamone pointed out that the motion included Space Coast League of Cities Meetings, and conferences and conventions, attended by Council Members. She further noted that the intent of her motion was to fund job - related training, which would require prior approval by Council. Mr. Randels spoke against the motion. Mrs. Thurm voiced the opinion that she could support the motion for the general fund but not the sewer fund. 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. Mr. Nicholas questioned the proposed amount budgeted for the Patriot's Day Parade and the amount expended on the parade in 1991. City Council Special Meeting September 16, 1991 Page 2 of 3 There being no further questions or comments from members of the audience, Mayor Salamone requested the question be called. Vote on the motion was unanimous. The budget, as amended, was adopted by Resolution No. 91 -35. The Special Meeting was adjourned at 9:28 P.M. Approved this 1st day of October , 1991. ay r C y clerk City Council Special Meeting September 16, 1991 Page 3 of 3 - 2e-c d aJ q -1b WINDJAMMER CONDOMINIUM ASSOCIAHON 555 FILLMORE CAPE CANAVERAL, FL September 16, 1991 CITY COMMISIONERS CITY OF CAPE CANAVERAL, FL Commisioners, The Windjammer Condominium, which has forty-seven owners, expresses concern over the proposed increase in city taxes for the upcoming year. As you might expect, a large number of the owners are retired and are on fixed incomes which make any increase in taxes a serious problem to them. While the dollar amount of the increase would appear to some to be small relative to the total amount of combined city and county taxes, the percentage increase is inor- dinately high. For instance, City of Cape Caneveral taxes on my personal unit at the Wind- jammer are projected to increase from $25.23 to $98.45, a jump of $73.22 but a whopping 290 percentage increase. During the past year there has been an increase in fees for garbage collection and the newly initiated recycling collection system with it's fees, both of which are under the management of the City Commission. We realize that some increases are state mandated, or have been approved by vote of the citizens and are beyond the authority of the City Commission. However in those areas that the City Commission has authority, the Windjammer Condominium Association is request- ing that all efforts be exerted to keep the tax increases to the minimum, so that ownership of residences in the City of Cape Canaveral will stay within the means of the present owners and residents. R. Brian Grigsby President Attachment to: City Council Special Meeting September 16, 1991 Page 1 of 1 CITY COUNCIL REGULAR MEETING SEPTEMBER 17, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on September 17, 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 Regular Meeting of September 3, 1991. Mrs. Thurm seconded motion. Motion carried unanimously. At this time, Mayor Salamone and Mayor Pro Tem, John Porter, presented the "Volunteer of the Month Award" to Roy Moeller for his services on the Code Enforcement Board, and past services on the Planning and Zoning Board and Cape Canaveral Volunteer Fire Department. Mrs. Thurm noted that Mr. Moeller also served as one of the first Postmasters of Cape Canaveral. Mr. Woodman interviewed prospective board members, Virginia Smith, Eric Altonen, and ,Sohn Maloney. Board appointments will be discussed at the next Workshop Meeting. UNFINISHED BUSINESS 1. Resolution No. 91 -28 Agreement with Cape Canaveral v i en A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO PROVIDE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Randels seconded motion. It was Pointed out that the annual cost of the contract was $168,400.00. Mr. Woodman requested that a signature line be included on the contract amendment. Mayor Salamone thanked the Volunteer Fire Department for working with the City on the compliance review and for keeping the cost of the contract down. Vote on the motion was unanimous. Resolution No. 91 -28 was adopted. Resolutio No. 91 -29 16r, A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE. DATE. Mayor Salamone read the title of the Resolution. Mrs. Thurm moved for adoption. Mr. Kedzierski seconded motion. Mayor Salamone reviewed the changes in the revised contract. Mr. Randels noted that the contract did not include Section 3(h), as City Council Regular Meeting September 17, 1991 Page 1 of 3 Previously agreed and requested it be contained in the contract: "The level - of- service shall be seventeen deputies, one full -time desk clerk and one part -time clerk." Mr. Porter, Mrs. Thurm and Mr. Randels spoke in favor of the motion. It was pointed out that the annual dollar amount of the contract was $873,674.00. Vote on the motion was unanimous. Resolution No. 91 -29 was adopted. NEW BUSINESS 1. Resolution No. 91 -36 Agreement with James Woodman for Legal Services for FY 1991 -92 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH AMARI, THERIAC, ROBERTS, EISENMENGER & WOODMAN, P.A., BY AND THROUGH JAMES I+ WOODMAN AS PARTNER, TO PROVIDE LEGAL SERVICE TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Porter seconded motion. Mr. Woodman advised that the contract called for the same level of service as had been provided to the City during the past three months, at the same annual cost of $26,400.00. Discussion followed. Mayor Salamone and members of the Council noted that they appreciated the written legal opinions which were rendered by the attorney in such a timely fashion. Vote on the motion was unanimous. Resolution No. 91 -36 was adopted. 2. Resolution No. 91 -37 Su ortin Adoption of the Beverage Container Deposit Legislation (Bottle Bill) A RESOLUTION ESTABLISHING AND AFFIRMING THE STRONG SUPPORT OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, FOR THE ADOPTION, BY THE FLORIDA LEGISLATURE AT ITS NEXT SESSION, OF THE BOTTLE CONTAINER DEPOSIT LEGISLATION, ALSO KNOWN AS THE "BOTTLE BILL "; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mrs. Thurm moved for adoption. Mr. Kedzierski seconded motion. Mrs. Thurm, Mr. Kedzierski and Mr. Randels spoke in favor of the motion. Vote on the motion was unanimous. Resolution No. 91 -37 was adopted. 3. Motion Re: Ratification of Labor A reement with International Union of Operating Engineers Mr. Porter so moved. Mrs. Thurm seconded motion. Mr. Spenik advised that all items discussed in the Executive Sessions had been addressed in the agreement. Vote on the motion was unanimous. 4. Motion Re: Budget Transfers Mr. Porter moved to approve the budget transfers as presented by the City Manager. Mr. Kedzierski seconded motion. Mr. Spenik and Finance Director, Bennett Boucher, answered Council Members' questions regarding the transfers. Discussion followed. Vote on the motion was unanimous. A copy of the transfers is attached hereto and made a part hereof by reference. City Council Regular Meeting September 17, 1991 Page 2 of 3 5. Legal Opinion on City Responsibilities Council and City Manager Mr. Woodman reviewed his written legal opinion. Discussion followed. Mr. Porter noted he welcomed the positive aspects of the report. 6. Discussion Re: Florida City Government Week Mayor Salamone requested that the City participate in Florida City Government Week, October 7 though 11, by having students in the 5th and 6th grades at Capeview Elementary School shadow the City Department heads and by scheduling a Council Meeting at a time which would allow student participation. Discussion followed. It was the consensus of Council to participate in the program. 7. Presentation of Peacetime Emergency Management Plan Mr. Spenik presented Council with the City's Peacetime Emergency Management Plan. Council commended Mr. Spenik and the City Staff on the professionalism of the document. 8. City Manager's Report Mr. Spenik had no items to report. DISCUSSION Mr. Woodman advised he would review the Indian River Lagoon Law and report back to Council. Mr. Woodman gave a status report on the unauthorized land clearing by Randy Mays. Mrs. Thurm questioned the status of the Landscape Ordinance which had been recommended by the Beautification Board. Mr. Spenik advised that the Ordinance was being prepared in final form. Mr. Randels voiced concern regarding the hearing on the proposed heliport, because the City had no new technical data to present. Discussion followed. Mayor Salamone advised that she had been trying to contact the State regarding the hearing. Mr. Randels commended Lab Technician, June Clark, for the excellent report recently filed with DER. Mayor Salamone and Mrs. Thurm reported on the visitor from the Sister City of Guidonia, Italy. There being no further business, the meeting was adjourned at 9:27 P.M. Approved this 1st day of October 1991. Ma o �GaeC/ Cyty Clerk City Council Regular Meeting September 17, 1991 Page 3 of 3 BUDGET TRANSFERS - SUMMARY REPORT 1991 GENERAL FUND REVENUE INCREASED $38,747 to ..................$2,773,730 Legislative - Increased $ 1,556 to $ 33,951 Administration - Increased 11,780 to 216,605 Planning & Zoning - Decreased 1,465 to 7,635 Public Safety - Decreased 590 to 721,118 Fire Department - Increased 1,593 to 226,063 Building Department - Decreased 1,765 to 136,275 Street Department - Decreased 30,719 to 322,131 Animal Control - Decreased 865 to 26,905 Parks & Recreation - Decreased 150 to 168,350 Legal - Increased 9,635 to 64,060 Garbage Service - Increased 17,565 to 588,465 Non - Departmental - Increased 32,182 to 262,172 TOTAL GENERAL FUND BUDGET .....................$2,773,730 BUDGET TRANSFERS - RECAP Police Education Fund Increased $425 to ......... $13,000 Fire Protection Fund Increased $1,310 to ......... $5,360 Library Fund Decreased $1,590 to ...............$103,029 Beautification Fund Decreased $1,990 to ........ $208,873 Stormdrainage Fund Increased $44 to .............$86,404 Capital Projects Fund Increased $3,685 to ...... $125,685 Sewer Fund Decreased $55,265 to ..............$1,225,535 Attachment to: City Council Regular Meeting September 17, 1991 Total of 6 Pages -1- -2- ADJUSTED AOCT #001 - DESCRIPTION INCREASE DECREASE BUDGET 312.41 Local Option Gas Tax $ $ 2,000 $191,130 313.1 FPL Franchise Fees 7,730 321,060 313.2 Southern Bell Franchise Fees 675 9,925 313.3 City Gas Corp. Franchise Fees 240 4,440 313.4 Cablevision TV Franchise Fees 1,180 30,180 314.1 FPL Utility Tax 3,785 378,785 314.2 Southern Bell Utility Tax 9,245 80,755 314.4 Bottled Gas Utility Tax 2,300 15,300 321.1 Occupational Licenses 2,200 35,200 322.1 Building Permits 13,500 36,500 334.39 Dune Crossover State Grant 22,055 22,055 335.121 State Cigarette Tax 7,465 114,865 335.122 Municipal Gas Tax 3,435 56,322 335.14 Mobile Home Licenses 700 6,800 335.18 Local 1/2 Cent Sales Tax 7,000 272,000 335.41 Motor Fuel Tax Rebate 325 2,525 341.3 Sales of Maps & Publications 175 775 343.45 Recycling Fee Revenue 15,600 133,000 343.451 Recycle Product Revenue 660 8,340 347.26 Tennis Court Rentals 500 10,000 347.292 Shuffleboard Court Rentals 100 1,300 347.295 Recreation Equipment Rentals 50 150 347.49 Recreation Special Events 1,695 2,895 347.59 Recreation Facility Rental 250 950 351.1 Fines & Forfeitures 3,000 34,000 354.1 Violations of Local Ordinances 145 1,345 360.2 Vending Machine Income 385 615 360.3 Recreation Retail Sales 200 900 361.1 Interest Income Fran Investments 1,250 88,750 366.0 Donations From Private Sources 1,450 1,450 369.1 Miscellaneous Income 1,000 2,500 369.2 Site Plan Review Income 1,700 9,300 369.3 Refund Of Prior Year E7cp. 708 5,708 369.91 Pay Telephone Commission 270 330 380.2 Transfer Fran Fire Trust Fund 1,310 5,360 380.41 Transfer From Library Fund 15,416 81,254 384.2 Appropriated Fund Balance 21,500 143,500 ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Legislative 1- 511.40 Travel & Per Dien 500 2,000 1- 511.45 General Insurance 84 196 1- 511,461 Building Grounds & Maintenance 100 920 1- 511.48 Promotional Activities 890 2,240 1- 511,491 Publishing (Legal Ads) 600 2,100 1- 511,493 Awards & Recognitions 70 1,430 1- 511.52 Operating Supplies 280 1,680 1- 511.54 Subscriptions & Memberships 340 2,040 ADJUSTED ACS.T #001- DESCRIPTION INCREASE DECREASE BUDGET A(Ininistration 2- 513.22 Retirement Contribution 1 8,130 2- 513.23 Life & Health Insurance 135 9,095 2- 513.24 Worker's Compensation 1,080 420 2- 513.40 Travel & Per Dien 1,000 1,320 2- 513.41 Communications Service 2,320 6,400 2- 513.42 Postage 550 3,450 2- 513.43 Utilities 290 5,025 2- 513.44 Equipment Lease & Rental 95 400 2- 513.45 General Insurance 165 4,245 2- 513,461 Building & Grounds Maintenance 475 1,675 -2- -3- ADJUSTED AOCT 4001- DESCRIPTION INCREASE DECREASE BUDGET Administration (cont'd) 2- 513.462 Equipment Maintenance 2,110 10,210 2- 513.47 Printing 215 1,085 2- 513.51 office Supplies 135 2,035 2- 513.524 Motor Fuel 160 560 2- 513.54 Subscriptions & Memberships 695 2,095 2- 513.64 Machinery & Equipment 7,315 12,315 ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Planning & Zoning 3 -515.3 Engineering 730 5,730 3- 515.40 Travel & Per Dien 70 80 3- 515.47 Printing 265 865 3- 515.49 Publishing 2,060 740 3- 515.52 operating Supplies 190 10 3- 515.54 Subscriptions & Training 140 210 ADJUSTED ACCT #001 - DESCRIPTION INCREASE DECREASE BUDGET Public Safety 4- 521.12 Regular Salaries & Wages 565 7,915 4- 521.21 FICA Taxes 40 610 4- 521.24 Worker's Compensation 340 570 4- 521.41 Communications 240 240 4- 521.461 Building & Grounds Maintenance 275 785 4- 521.523 Uniforms 160 -0- ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE. BUDGET Fire Department 5- 522.24 Worker's Compensation 3,851 11,095 5- 522.41 Communications 100 100 5- 522.45 General Insurance 305 15,865 5- 522.462 Equipment Repairs & Maintenance 950 4,050 5- 522.54 Subscriptions & Memberships 170 330 5- 522.641 Fire Fighting Equipment 1,517 9,083 ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Building Department 6- 524.12 Salaries & Wages 900 89,415 6- 524.14 Overtime 1,545 4,045 6- 524.21 FICA Taxes 190 7,150 6- 524.22 Retirement Contribution 1,050 7,035 6- 524.24 Worker's Compensation 4,810 9,290 6- 524.40 Travel & Per Dien 200 100 6- 524.41 Cartmunications 230 840 6- 524.45 General Insurance 540 2,590 6- 524.462 Equipment Maintenance 500 1,000 6- 524.51 Office Supplies 350 1,550 6- 524.52 Operating Supplies 1,100 2,700 6- 524.524 Motor Fuel 245 945 6- 524.54 Subscriptions & Memberships 300 1,050 6- 524.46 Capital Items 325 95 -3- ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Street Devartment 7- 541.12 Salaries & Wages 2,000 111,320 7- 541.14 Overtime 205 1,205 7- 541,221 FICA Taxes 700 8,045 7- 541.22 Retirement Contribution 300 6,000 7- 541.23 Life & Health Insurance 1,650 11,630 7- 541.24 Worker's Compensation 5,377 7,018 7- 541.31 Engineering Fees 470 7,730 7- 541,314 Physicals 105 180 7- 541.41 Communications 125 725 7- 541.43 Utilities 110 1,550 7- 541,432 Street Lights 4,280 33,080 7- 541.45 General Insurance 130 8,570 7- 541,462 Equipment Maintenance 300 5,300 7- 541.52 Operating Supplies 1,300 2,100 7- 541,524 Motor Fuel 400 5,400 7- 541.53 Street Repairs 79,398 49,897 7- 541,532 Traffic Light Repair 18,400 20,400 7- 541,533 Street Signs 825 4,325 7- 541.54 Subscriptions & Memberships 330 630 7- 541.64 Machinery & Equipment 33,136 34,376 ADJUSTED ACCT # 001 - DESCRIPTION INCREASE DECREASE BUDGET Animal Control 8- 562.12 Salaries & Wages 2,995 15,390 8- 562.14 Overtime 662 962 8- 562.21 FICA Taxes 180 1,250 8- 562.24 Worker's Compensation 52 603 8- 562.31 Contract Services 1,680 1,680 8- 562.40 Travel & Per Dien 150 -0- 8- 562.41 Communications 150 -0- 8- 562.42 Postage 60 40 8- 562.45 General Insurance 25 690 8- 562,462 Equipment Maintenance 150 350 8- 562.52 Operating Supplies 230 1,030 8- 562,523 Uniforms 75 175 8- 562,524 Motor Fuel 520 1,680 8- 562.54 Subscriptions & Memberships 120 30 ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Parks & Recreation 11- 572.12 Salaries & Wages 1,000 85,645 11- 572.21 FICA Taxes 75 6,625 11- 572.22 Retirement Contribution 200 4,815 11- 572.24 Worker's Compensation 915 6,965 11- 572.40 Travel & Per Diem 250 50 11- 572,461 Building & Grounds Maintenance 1,600 5,400 11- 572.52 Operating Supplies 800 3,200 11- 572,524 Motor Fuel 150 170 11- 572,528 Tournament Expenses 760 5,260 11- 572.63 Facility Improvements 1,900 12,500 ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Legal 13- 514.31 Legal Fees Retainer 3,200 32,800 13- 514,312 Specialized Legal Services 12,700 30,200 13- 514.40 Travel & Per Dien 240 440 13- 514.52 operating Supplies 160 40 13- 514.54 Subscriptions & Training 55 185 -4- -5- ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Garbage Service 14- 534.3421 Recycling Contract Expense 15,600 133,000 14- 534.64 Capital Equipment 1,965 1,965 ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Non - Departmental 17- 901.14 Special Pay 4,000 -0- 17- 901.49 Miscellaneous 21,702 22,702 17- 901.63 Dune Crossover Grant 29,531 29,531 17- 901,911 Transfer To Capital Improvement Funds 3,685 125,685 17- 901.99 Contingency 3,320 -0- 17- 901,991 Unreserved 15,416 81,254 ADJUSTED ACCT #101- DESCRIPTION INCREASE DECREASE BUDGET Police Education Fund 351.3 Police Education Incme 350 2,450 361.1 Interest Income Income Fran Investnents 75 500 521.81 Education & Training 425 13,000 ADJUSTED ACCT #102- DESCRIPTION INCREASE DECREASE BUDGET Fire Protection Fund 361.1 Interest Incme From Investments 10 60 363.22 Impact Fees - Aerial Fire Truck 1,300 5,300 581.91 Transfer To General Fund 1,310 5,360 ADJUSTED ACCT #104- DESCRIPTION INCREASE DECREASE BUDGET Library Fund 311.1 Ad Valorem Taxes 1,950 99,320 311.12 Tax Penalty Income 230 380 361.3 Interest Income Tax Collections 130 330 579.91 Transfer To General Fund 16,683 81,254 579.99 Contingency 15,093 15,093 ADJUSTED ACCT #105- DESCRIPTION INCREASE DECREASE BUDGET Beautification Fund 15 -311.1 Ad Valorem Taxes 2,885 147,260 15- 311.12 Tax Penalty 360 560 15 -361.1 Interest Incas Fran Investments 1,320 6,320 15 -361.3 Interest Immme - Tax Collections 190 490 15- 366.1 Donations From Private Sources 1,200 -0- 15- 369.1 Miscellaneous Intone 225 225 15- 539.12 Salaries & Wages 2,000 54,175 15- 539.21 FICA Taxes 300 4,035 15- 539.23 Life & Health Insurance 363 4,152 15- 539,314 Physicals 16 206 15- 539.40 Travel & Per Dian 950 1,200 15- 539.43 Utilities 210 2,430 15- 539,462 Equipment Maintenance 1,050 1,850 15- 539,493 Awards & Recognitions 370 620 -5- -6- ADJUSTED ACCT' #001 - DESCRIPTION INCREASE DECREASE BUDGET Beautification Fund (cont'd) 15- 539.52 operating Supplies 3,950 7,795 15- 539,523 Uniforms 320 900 15- 539,524 Motor Fuel 1,115 2,115 15- 539.54 Subscriptions & Training 40 390 15- 539.63 Landscaping 7,815 113,168 15- 539.64 Capital Equipment 467 3,292 ADJUSTED ACCT #201- DESCRIPTION INCREASE DECREASE BUDGET Stormdrainage Fund 300.1 Cash Forward 818 7,979 311.11 Ad Valorem Taxes 1,492 63,755 311.12 Tax Penalty Income 80 230 361.1 Interest Income From Investments 765 14,235 361.3 Interest Incme From Collections 55 205 582.73 Pay Agents Fee 44 260 ADJUSTED ACCT #301- DESCRIPTION INCREASE DECREASE BUDGET Capital Projects Fund 380.5 Transfer Fran General Fund 3,685 125,685 522.644 Capital Equipment - Fire Department 3,685 78,685 ADJUSTED ACCT #401 -10 DESCRIPTION INCREASE DECREASE BUDGET Sewer Fund 343.51 Utility Operating Income 22,200 1,022,600 343.53 Sewer Assessment Fees 83,550 46,450 361.11 Interest Income - Expansion Fund 4,600 52,600 361.12 Interest Income - Sinking Fund 4,500 19,500 361.14 Interest Immme - Revenue Fund 2,550 33,250 369.3 Refund of Prior Year Expenses 500 -0- 369.9 Miscellaneous Income 35 535 535.11 Executive Salaries 10,000 59,810 535.12 Regular Salaries & Wages 4,300 296,255 535.14 Overtime 6,500 24,500 535.15 Special Pays 6,000 -0- 535.22 Retirement 3,500 15,395 535.23 Life & Health Insurance 2,725 26,115 535.24 Worker's Compensation 460 18,840 535.313 Engineering Fees 3,010 19,500 535.314 Physicals 380 1,080 535.42 Postage 200 2,000 535.43 Utilities 3,400 57,400 535.45 General Insurance 915 25,765 535.461 Building & Grounds Maintenance 35 1,700 535.4621 Plant & Equipment Maintenance 7,100 35,000 535.4622 Collection System Maintenance 3,075 29,500 535.47 Printing 200 1,300 535.52 safety Supplies 630 2,700 535.523 Uniforms 200 4,500 535.526 Lab Supplies 1,605 11,325 535.527 General Supplies 1,685 6,685 535.54 Subscriptions & Training 700 4,300 535.63 Facility Improvements 18,250 10,650 535.64 Capital Equipment 9,150 45,000 901.49 Miscellaneous - DER Project 16,500 16,500 901.631 Collection System Maintenance 6,670 176,995 901.644 Expansion Fund Costs 78,950 99,050 901.73 Paying Agents Fee 195 545 -6- CITY COUNCIL REGULAR MEETING OCTOBER 1, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on October 1, 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 and Rocky Randels. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and, City Clerk, Jan Lesser. Mrs. Thurm was out -of -town. Mr. Porter moved to approve the minutes of the Special Meeting of September 16, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Randels moved to approve the minutes of the Regular Meeting of September 17, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. NEW BUSINESS Resolution No. 91 -38 Cancellin Regular Meeting of November , an Res lnq or Novem er / 1991 A RESOLUTION CANCELLING THE REGULAR COUNCIL MEETING SCHEDULED FOR NOVEMBER 5, 1991, AND RESCHEDULING FOR NOVEMBER 7, 1991; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. Mayor Salamone pointed out that the reason the meeting would be rescheduled was because November 5th was Election Day. Vote on the motion was unanimous 2. Resolution No. 91 - 39 Ap pointment of Code Enforcement Board Members 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. Mr. Randels moved for adoption. Mr. Kedzierski seconded motion. Motion carried unanimously. Ms. Mary Russell, Mr. George Hutchinson and Mr. Roy Moeller were reappointed to the Board. Resolution No. 91 -40 Appointment of Library Board Members A RESOLUTION APPOINT ING MEMBERS 'TO THE LIBRARY BOARD OF THE CIrY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. Ms. Hilma Goff and Ms. Geraldine Vavrek were reappointed to the Library Board. Ms. Vavrek was in attendance and thanked the Council for her appointment. 4. Resolution No. 91 -41 Appointment of Recreation Board Members City Council Regular Meeting October 1, 1991 Page 1 of 4 A RESOLUTION APPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. Motion carried unanimously. Ms. Marianne Kulac, Mr. Nate Jones, Ms. Regina Mead and Ms. Pat Bender were reappointed to the Board. 5. Resolution No. 91 -42 Appointment of Zoning Board of Adjustment Members A RESOLUTION APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Russell Lloyd and Mr. Ronnie Farmer were reappointed to the Board Resolution No. 91 -43 Appointment of Beautification Board Members A RESOLUTION APPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Kedzierski moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. Ms. Judy Randels, Ms. Francie Edwards, and Ms. Patricia Szapor were reappointed to the Board. 7. Motion Re: Proposal for Stormwater Management Master Plan Mr. Porter moved not to authorize the stormwater master plan study at this time. Mr. Kedzierski seconded motion. Mayor Salamone advised that the State has not established a deadline for cities under 100,000 to address stormwater management. She further noted funding of the plan had been moved to the FY 1992- 93 Capital Improvement Fund budget. Discussion followed. Vote on the motion was unanimous. 8. Motion Re: Waiving Fees for "Fun Halloween" - Mountasia Fantasy Golf and Cape view Elementary School Mr. Porter so moved. Mr. Randels seconded motion. Mayor Salamone advised that the event would not be classified as a carnival, as specified in the City's occupational license regulations, and that the fees that would be waived were $20.00 for two rides. Discussion followed. Vote on the motion was unanimous. Motion Re: Approval of Plans for Beautification Project at Ballpark Mr. Randels so moved. Mr. Porter seconded motion. Mayor Salamone pointed out that all the contingencies discussed at the Workshop Meeting would be incorporated in the plans, prior to going out to bid. Discussion followed. Vote on the motion was unanimous. 10. Motion R: Approval of Plans for Beautification Project at Veter e ans Memorial Park City Council Regular Meeting October 1, 1991 Page 2 of 4 Mr. Porter so moved. Mr. Kedzierski seconded motion. Mayor Salamone noted that the contingencies discussed at the Workshop Meeting would be incorporated in the plans, prior to going out to bid. Discussion followed. Vote on the motion was unanimous. 11. Motion Re: Clarification of Adopt - A -Tree /Commemorative Tree Program Mr. Randels moved that, for clarification purposes, the project to plant trees along the City streets be called the "Adopt -A- Tree Program" and the program where citizens purchase a tree and have a marker placed on it in memory of a loved one be called the "Commemorative Tree Program ". Mr. Porter seconded motion. Mayor Salamone moved to amend the motion by specifying that the cost or the Commemorative Tree Program include the purchase of a ten foot live oak. Mr. Randels seconded motion. Discussion followed. Vote on the motion to amend was unanimous. Vote on the main motion was unanimous. 12. Motion Re: Appreciation Picnic for Police and Fire Departments Mr. Porter moved to support a picnic for the Police and Fire Departments, City Employees, and their guests. Mr. Kedzierski seconded motion. It was noted that the motion did not include any monetary support at this time. Mr. Porter explained the specifics of the picnic which would be held at Jetty Park on December 7, 1991, from 12:00 Noon to 5:00 P.M. Discussion followed. Mr. Eric Altonen, Commander of the VFW, offered their assistance. Vote on the motion was unanimous. 13. Monthly Departmental Reports There was no discussion on this item. DISCUSSION Mr. Spenik advised that the School Crossing Guards would attend a training session being conducted by the Sheriff's Department on October 18th. Mr. Woodman presented the Bar Oath to Mr. Kedzierski. The Mayor and Council extended their congratulations to Mr. Kedzierski. Mr. Randels commented on the City's mitigation project on West Central Boulevard and PPO's quarterly report. Discussion was held on enforcing the pre- treatment ordinance at the Port. Mr. Randels questioned the need to have Planner Linda Lester attend the Planning and Zoning Board Meetings. Discussion followed. Mr. Spenik suggested a joint meeting of the City Council, Planning and Zoning Board members and Zoning Board of Adjustment members. Discussion continued. Mayor Salamone requested the meeting be scheduled as soon as possible. Mr. Porter noted that the Council needs to establish their policy prior to having the joint meeting with the Board Members. Mr. Randels distributed materials received at the Florida Shores and Beach Preservation Convention he recently attended. Mayor Salamone requested permission to address the Legislative Delegation on the City's behalf regarding the beach erosion City Council Regular Meeting October 1, 1991 Page 3 of 4 problem. Discussion followed. The Council concurred that the Mayor should address the delegation. There being no further business, the meeting was adjourned at 8:37 P.M. Approved this 15th day of October , 1991. M� o City Council Regular Meeting October 1, 1991 Page 4 of 4 CITY COUNCIL REGULAR MEETING OCTOBER 15, 1991 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on October 15, 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 Deputy City Clerk. Officials present were Mayor Salamone; Mayor Pro Tem, John Porter; Council Members Ann Thurm and Rocky Randels. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and, Deputy City Clerk, Debbie Morris. Mr. Kedzierski was not in attendance. Mr. Porter moved to approve the minutes of the Regular Meeting of October 1, 1991. Mrs. Thurm seconded motion. Motion carried unanimously. Mrs. Pat Szapor, Beautification Board Awards Chairman, joined Mayor Salamone in presenting the Fall Beautification Awards. Awards were presented to Mr. Anthony Rose (Residential); Canaveral Sands (Multi- family); and Happy Octopus Car Wash (commercial). NEW BUSINESS Ordinance No. 10 -91 Amending Zoning Regulations Regarding my. lv„ 01 5r ce Plans AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 645.05 SITE PLAN SUBMITTAL AND REVIEW PROCEDURES; ADDING A SECTION WITH RESPECT TO EXPIRATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve First Reading. Mrs. Thurm seconded motion. Discussion followed. Mr. Porter moved to amend Section 1 to read The Planning and Zoning Board shall recommend at its discretion such requests for City Council approval by Resolution only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim." Mr. Randels seconded the motion. Vote on the motion was unanimous. Vote on the main motion was unanimous. Ordinance No. 10 -91, as amended, was approved on First Reading. Resolution No. 91 -44 Agreement with Brevard County for the Community Development Block Grant Program A RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT WITH BREVARD COUNTY, FLORIDA, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 1992, 1993, AND 1994, PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Randels seconded motion. Motion carried unanimously. Resolution No. 91 -45 Acceptance of Lindsey Court as City Street A RESOLUTION ACCEPTING LINDSEY COURT AS A CITY STREET; PROVIDING AN EFFECTIVE RAPE. City Council Regular Meeting October 15, 1991 Page 1 of 4 Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Randels seconded motion. Mr. Woodman advised that Mr. Haynes had met the requirements of the City. Motion carried unanimously. 4. Resolution No. 91 -46 Brevard Metropolitan Planning Organization Reapportionment A RESOLUTION REQUESTING A SEAT ON THE BREVARD METROPOLITAN PLANNING ORGANIZATION FOR THE CITY OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mayor Salamone seconded motion. Discussion followed. Motion carried unanimously. Mayor Salamone requested that Mr. Randels deliver a certified copy of the Resolution to the Florida Legislature on his visit to Tallahassee. 5. Resolution No. 91 -47 Requesting Bus Service be Reinstated in Cape Canavera A RESOLUTION REQUESTING BREVARD COUNTY REINSTATE DAILY BUS SERVICE IN THE CITY OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mayor Salamone seconded motion. Discussion followed. Mayor Salamone noted that the Space Coast Area Transit would like to enter into an interiocal agreement with the City at a Proposed cost of $130.00 /day, or $6,760 /year. It was the consensus of Council that Mr. Spenik meet with the bus company representatives to investigate the reinstatement of bus service. Motion carried unanimously. 6. Resolution No. 91 -48 Requesting Additional Funding for Education A RESOLUTION OF THE CITY OF CAPE CANAVERAL REQUESTING ADDITIONAL FUNDING FOR EDUCATION; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. Mayor Salamone and Council praised Mr. Woodman for his excellent job in drafting the Resolution. Motion carried unanimously. 7. Resolution No. 41 -49 Amendin Ordinance No. 6 -91 to Allow ufrsice Seweraqe Pumping Charges Mr. Woodman advised that this change would require an Ordinance. Mayor Salamone moved to table this item until the November 7th meeting. Mr. Randels seconded. Motion carried unanimously. B. Motion Re: Authorizing Briley Wild 6 Associates to Conduct Preliminary Sewer Rate Study Mayor Salamone moved that Mr. Spenik mail his letter t0 Briley, b7ild s Associates requesting a preliminary rate study on a reduced estimated construction cost. Mr. Porter seconded motion. Discussion followed. Motion carried unanimously. Discussion was held on seeking the services of a consultant to review BWA's proposal on the Wastewater Treatment Plant Expansion /Modification and Water Reuse System. Mr. Spenik was directed to research the issue. City Council Regular Meeting October 15, 1991 Page 2 of 4 9. Motion Re: Author izing Briley Wild & Associates Mr. Porter so moved. Mrs. Thurm seconded notion. Mr. Spenik advised that BWA had issued a substantial change order and requested this item be postponed until BWA could address Council on the item. Mayor Salamone mover] to table this item. Mrs. Thurm seconded. Vote on the motion to table was unanimous. 10. Motion Re: Authorizing City Employees' Request for Training Mr. Randels moved to approve the request of Alison Brown and Karen Pappas for training on Word Perfect at a cost of $79.00 each. Mrs. Thurm seconded. Vote on the motion was as follows: In favor, Mr. Porter, Mr. Randels, and Mrs. T'nurm; Opposed, Mayor Salamone. Motion carried. Mrs. Thurm moved that the City allocate reimbursement for education /training for Kay McKee in the amount of $15.00 for the first request and $10.00 for the second request. Mr. Porter seconded. Discussion followed. Vote on the motion was unanimous. Mr. Porter requested that the education /training policy be placed on the agenda for the next Workshop Meeting for discussion. 11. Motion Re: Cancelling Workshop Meeting of October 31, 1991, and Combining wrth Regu ar Meeting o November , 1991 Mr. Porter so moved, seconded by Mrs. Thurm. Motion carried unanimously. DISCUSSION Mr. Spenik invited the Mayor and Council to attend the Recreation Department's Open House on December 12th, prior to the Workshop Meeting. Mr. Woodman advised that the Finance Department has deemed a promissory note uncollectabie and requested direction from Council. It was the consensus of Council that a lien be filed. Mr. Randels .suggested that a representative from the City should attend the Space Coast League of Cities meetings. Mayor Salamone requested Mr. Randels attend on the City's behalf. Mr. Randels reported on the proposed Department of Natural Resources beach ranourishment law. Mrs. Thurn questioned Mr. Woodman regarding the status of the Randy Mays case. Mr. Woodman advised he had not had any contact with Mr. Mays. Mr. Woodman also advised that the Bolanowski case would be heard by the Board of Adjustment in November. Mr. Porter reported on the Appreciation Picnic scheduled for December. Discussion followed. It was the consensus of Council that no awards should be presented at the picnic. Mayor Salamone requested Mr. Spenik set a joint meeting of the City Council and the Planning and Zoning Board in November. She further requested that the next Council Workshop Meeting include a discussion on direction that Council would like the Planning and Zoning Board to follow. City Council Regular Meeting October 15, 1991 Page 3 of 4 Mr. Leo Nicholas questioned some of the items in a memorandum recently written by the City Manager. Discussion followed. There being no further business, the meeting was adjourned at 9:30 P.M. as amended Approved /this 7th day of November 1991. ty Clerk City Council Regular Meeting October 15, 1991 Page 4 of 4 yo ty Clerk City Council Regular Meeting October 15, 1991 Page 4 of 4 CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING NOVEMBER 7, 1991 A Combined Workshop and Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on November 7, 1991, at the City Hall .Annex, ill 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 and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and, City Clerk, Jan Leesr_r. Mr. Randels was not in attendance because he was attending the Pre - legislative Conference in Tallahassee. Mr. Porter moved to approve the minutes of the Regular Meeting of October 15, 1991. Mrs. Thurm seconded motion. Mayor Salamone requested that the minutes be amended to reflect that the Council discussed placing pictures of the present and former Mayors in the City Council Chambers. Motion carried unanimously. The minutes, as corrected, were approved. At this time, Attorney Jim Woodman interviewed prospective Board Members Ivan Marks, Dr. Eldredge and Catherine Barnes. Mayor Salamone requested that board appointments be placed on the agenda for consideration at tie next Workshop Meeting. Mr. William Bennix, of 8497 Ridgewood Avenue, addressed Council at this time and read the following statement; "It has come to my attention that various members of the Planning and Zoning Board and the Board of Adjustment are not making their -decisions in accordance with the laws and Ordinances of the City of Cape Canaveral, but are basing their decisions on prejudice and personal opinions. I am calling this to the attention of the City Council and am requesting that they investigate and take any action necessary to remedy the situation. Thank you for your cooperation." Mr. Robert Ferguson was not in attendance for his personal appearance. Mr. Donald Arabian addressed Council regarding 28 acres of property located between AIA and the Sewer Plant anal requested authorization to represent the City in exploring the utilization and acquisition of this property. Discussion followed. Mayor Salamone moved to authorize Don Arabian to explore the utilization and acquisition with the principal government agencies of 28 acres of land fronting on the Banana River that belongs to the Resolution Trust Corporation and to authorize the expenditure of up to $500.00 for incidentals, to be approved by the City Manager. Mr. Porter seconded motion. Discussion continued. Mr. Woodman advised that there were no legal problems involvad with appointing Mr. Arabian to represent the City but suggested a Resolution be placed on the next Workshop Meeting agenda to clarify the issue. Vote on the motion was unanimous. Discussion was held on Mr. Arabian's request to designate wetland areas in the City by Ordinance. No action was taken on this item. City Council Combined Workshop and Regular Meeting November 7, 1991 Page 1 of 6 UNFINISHED BUSINESS 10 -91 Amending Zoning Requlations AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECT109 645.05 SITE PLAN SUBMITTAL AND REVIEW PROCEDURES; ADDING A SECTION WITH RESPECT TO EXPIRATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. Ordinance No. 10 -91 was adopted on Second Reading. 2. Motion Re: Authorizing Briley, Wild & Associates to Conduct Preliminary Sewer Rate Study Mrs. Thurm moved to authorize Briley, Wild & Associates to conduct the preliminary sewer rate study for the amount of $1,500.00. Mr. Porter seconded motion. Discussion followed. Vote on the motion was unanimous. Motion Re: Change Order to Bid No. 91 -4 Rehab of Gravity Sewer Main A Mr. Porter moved to approve the change order in the amount of $51,290.00. Mr. Kedzierski seconded motion. City Manager Spenik advised that the change order was necessary because Loris & ASSOCiateS had previously agreed to pick up this cost when they were planning to develop Discovery Bay. Discussion followed. Vote on the motion was unanimous. Motion Re: Aut horizing Briley, Wild & Associates to Mr. Porter so moved. Mrs. Thum seconded motion. Discussion followed. It was pointed out that the total cost for the services for the Rehab of Gravity Sewer Main 3A was $3,950.00, Which would be reimbursable from the Port. It was also noted that the professional services for Sewerage System Improvements, Phase IV, had previously been approved by Council. Vote on the motion was unanimous. NEW BUSINESS Discussion with Mitch Owens of William R. Hough & Company Mr. Mitch Owens, Vice- President of William R. Hough & Company, addressed Council and explained the services that his company had provided to the City as a financial advisor in the past and reviewed their proposed agreement. Discussion followed. This item will be addressed at a future Workshop Meeting. Discussion with Burton & Associates Mr. Michael Burton, President of Burton & Associates, addressed Council and reviewed the purposed agreement. Discussion followed. This item will be discussed at a future Workshop Meeting. 3. Discussion Re: Consultants Competitive Negotiations Act Mayor Salamone requested the City Attorney prepare a written opinion regarding the applicability of the ''Consultant's City Council Combined Workshop and Regular Meeting November 7, 1991 Page 2 of 6 Competitive Negotiation Act" to the services of both Burton and Associates and Hough & Company. 4. Discussion Re: Invitation for Engineering Services Mr. Spenik reviewed his proposal to seek a consulting engineer to review Briley, Wild & Associates report on the Wastewater Treatment Plant Expansion /Modification and Reclaimed Water Reuse System Master Plan. He suggested a disclaimer be included to exclude anyone associated with any of the three entities (city, Port, and U.S. Air Force) within the last two years. it was the consensus of Council to include the disclaimer. Mr. Kedzierski suggested the City explore the possibility of hiring a City Engineer on staff. Discussion Eollowed. Mr. Porter moved to advertise for the services of a consulting engineer. yr. Kedzierski seconded motion. Mr. Scott Spooner, of Briley, Wild & Associates, pointed out that the report presented by his Eirm was a preliminary report. Discussion continued. Vote on the motion was unanimous. 5. Discussion Re: Negotiation on Shuford Mills Property at Wastewater Treatment Plant Mr. Spenik advised that the appraisal on the subject property was $112,000.00 per acre and that Shuford Mills had offered the property to the City for the price of $108,000.00 per acre. Mr. Spenik further noted that Shuford Mills was requesting a commitment of five percent of the purchase price, with option to buy, by December 31, 1991. Discussion followed. It was pointed out that the City was exploring the possibility of purchasing a minimum of three, and a maximum of five, acres. No action was taken on tnis item. 5. Discussion Re: Infiltration of Water into the Sewer System Mr. Spenik advised that the City was experiencing problems with infiltration into various portions of the sewer system. Mr. Spenik requested that the City request Briley, Wild & Associates to submit a proposal for preparing the bid specifications for TV inspection, cleaning and sliplining of certain portions of the sewer system. Mrs. Thurm so moved. Mr. PorLer seconded motion. Discussion followed. Motion carried unanimously. 7. Discussion Re: Flow Meter at Port Canaveral Mr. Spenik advised that it was his opinion the flow meter at the Port needed to be replaced and recommended that the City request Briley, Wild & Associates submit a proposal for preparing bid Specifications for a replacement. Mrs. Thurm so moved. Mr. Porter seconded motion. Mr. Spenik noted that he had attempted to secure funding from the Port Ear a replacement meter but it was their opinion that the present meter was adequate. Discussion followed. Vote on the motion was unanimous. 8. Ordinance No. 11 - 91 Amending Chapter 535, Sewer Imnact City Council Combined Workshop and Regular Meeting November 7, 1991 Page 3 of 6 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. Porter moved to approve First Reading. Mr. Kedzierski seconded motion. Discussion followed. Mayor Salamone moved to amend the last sentence of Item #5 in Section 2 to read: "The person or entity shall be invoiced by the City Of Cape Canaveral for this service." Mrs. Thurm seconded motion. Vote on the motion to amend was unanimous. Vote on the main ,notion was unanimous. Ordinance No. 11 -91 was approved on First Reading. Resolution No. 91 -49 Re- establishing Minimum Building Permit Fees and Establishing a Fee for Site Plan Extension A RESOLUTION RE- F,STABLISHING MINIMUM BUILDING PERMIT FEES FOR THE CITY OF CAPE CANAVERAL, FLORIDA; ADDING A FEE FOR SITE, PLAN EXTENSIONS; REPEALING ANY PORTION OF RESOLUTION 87 -41 IN CONFLICT; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Kedzierski seconded motion. Attorney Woodman advised that the proposed Resolution would not change any fees already in place but would establish an additional fee Of $100.00 for Site Plan Extension. Vote on the motion was unanimous. Resolution No. 91 -49 was adopted. 10. Resolution No. 91 -50 Certifying Results of General Election ( of November t A RESOLUTION CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 5, 1991; PROVIDING AND EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. It was pointed Out that the total number of votes received by the candidates was Leo Nicholas, 497; Joy Salamone, 783. Vote on the motion was unanimous. 11. Mr. Kedzierski moved to cancel the Workshop Meeting of November 28th and combine it with the Regular Meeting of December 3rd. Mr. Porter seconded motion. Motion carried unanimously. Mr. Kedzierski moved to cancel the Workshop Meeting of January 2, 1992 and combine it with the Regular Meeting of January 7, 1992. Mr. Porter seconded motion. Motion carried unanimously. 12. Motion Re: Waiving Ballfield Light Fees Mayor Salamone noted that a group of Parents had established a free softball clinic for approximately 35 girls, aged 8 to 12, and they were requesting the light fees at the Little League City Council Combined Workshop and Regular Meeting November 7, 1991 Page 4 of 6 Field be waived. Mayor Salamone so moved. Mr. Kedzierski seconded motion. Discussion followed. Mr. Spenik advised that the fees amounted to approximately $2.00 per week. Vote on the motion was unanimous. 13. Motion Re: Authorization to Expend Forfeiture Funds Mr. Spenik requested that the Council authorize the expenditure of $4,500.00 from the forfeiture funds for the purpose of providing security of the lobby area at the Canaveral Precinct of the Sheriff's office, and to construct a secured area for the confiscated items as required by State Statute. Mr. Porter so moved. Mr. Kedzierski seconded motion. Discussion followed. Motion carried unanimously. 14. Motion Re: Authorizing City Employee's Request for Training Mr. Porter moved to approve the request for training for Laboratory Technicians June Clark and Barbara Chase. Mrs. 14iurm seconded motion. Discussion followed. Motion carried unanimously. 15. Discussion Re: Requiring Council Approval of City Employee's Request tor Training Mr. Porter requested that all training requests be approved by the Department Heads, rather than the City Council. Discussion followed. Mayor Salamone advised that requiring approval by City Council was initiated during the budget adoption process and voiced the opinion that it should remain status quo. Mrs. Tharm spoke in favor of changing the procedure and suggested it be addressed during the first budget review. 16. Discussion Re: Directives for Planning and Zoning Board Function of Planner Council Members suggested the following directives be presented to the Planning and Zoning Board: Amend the Comprehensive Plan to address the impact of a high speed rail and six - laving of AlA; clarify the Zoning ordinance and make it more user friendly; address rights of government vs. rights of citizens; define general direction of how the City should grow, commercial VS. residential, and the granting of special exceptions; creative methods of land use planning; and, limiting the use of the Planner at the Planning and Zoning Board meetings. Discussion followed. The Council Members will attend the Planning and Zoning Board Meeting on November 13, 1991, to present their viewpoints. 17. Discussion Re: Hoyman, Dobson & Company Sheriff's Contract Mayor Salamone requested that this item, and all items listed under the City Manager's Information /Report on the agenda be postponed until the next workshop Meeting. DISCUSSION Mr. Spenik advised that the Canaveral Port Authority would be discussing the sand transfer plant at their meeting on November 12th at 2:00 P.M. He further noted that he was meeting with representatives of the County regarding the bus service. Mr. Leo Nicholas noted that the VFW was having a memorial ceremony at the Veterans Memorial Park on Sunday at 10:00 A.M. and invited the Mayor and members of Council to attend. There being no further business, the meeting was Adjourned at 10:07 P.M. City Council Combined Workshop and Regular Meeting November 7, 1991 Page 5 of 6 as amended Approved /this 19th day of November 1991. M or lava 'r ty Clerk City Council Combined Workshop and Regular Meeting November 7, 1991 Page 6 of 6 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 Lesser. 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 No. 11 -91 Amending Chapter 535, Sewer I 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 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 9:02 P.M. 2. Resolution No. 91 -51 Authorizing Donald Arabian to Explore 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 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. Resolution No. 91 -52 Appointing Members to the Planning and z oning Boar 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 Boar A RESOLUTION APPOINTING A MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DA'TF.. 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 F�ida Statute on C can 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, derision 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 coining 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 aas her opinion that something was going on that had nothing to do with the smoking policy. 9. 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 C oastal 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 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 Ear 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. Mai or, 64ity Clerk City Council Regular Meeting November 19, 1991 Page 5 of 5 CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING DECEMBER 3, 1991 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on December 3, 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. Members present were: Mayor Joy Salamone; Council Members Andy Kedzierski, Rocky Randels and Ann Thurm. Also present were City Attorney, Jim Woodman; City Manager, Edward Spenik; and, City Clerk, Janet Lesser. Mayor Pro Tem, John Porter, was ill. Mr. Randels moved to approve the minutes of the regular meeting of November 19, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. Mayor Salamone read a proclamation regarding Arbor Day, which will be celebrated on January 24, 1992. Beautification Board Chairman, Judy Randels, invited the members of the Council to attend the ceremony, which will be held at 2:30 P.M. At this time, Mr. Frank Mohme addressed the Council regarding the City's Animal Control Policy as it pertains to stray cats. Mr. Mohme wished to be provided with an animal trap, but would not assume liability for the trap in the event it was damaged or stolen. Discussion followed. Mayor Salamone advised Mr. Mohme that the City was consider other alternatives, but she could not think of any solution to the problem. NEW BUSINESS I. Professional Plant Operations A nnual Report Mr. Ray Hanson, of P.P.O, reviewed his company's contractual agreement with the City and gave an overview of their 1991 Annual Report. Discussion was held on the cost of the contract. The members of Council expressed their thanks to Mr. Hanson for the report. Discussion Re: Wastewater Treatment Plant Expansion Mr. Scott Spooner, with the City's consulting firm of Briley, Wild and Associates, addressed Council and appraised them of the highlights of the meeting held with DER on November 26, 1991. Mr. Spooner advised that DER seemed to be receptive to the idea of utilizing rapid infiltration bases (RIBS). Discussion followed. Mr. Spooner will present further information on this concept at the next Workshop Meeting. Mr. Spooner further requested that this information be presented prior to the review of their firm's report by another consultant. Mr. Don Arabian reported on the Orlando Easterly Wetlands Reclamation Project located in Christmas, Florida. Mayor Salamone moved that the City establish a committee of citizens who are engineers to review the RFP's and to interview the firms, at a Special Workshop Meeting to be held on Saturday, City Council Combined Workshop and Reguar Meeting December 3, 1991 Page 1 of 3 January 18, 1992, starting at 9:00 A.M. Mr. Kedzierski seconded motion. Mayor Salamone suggested the following citizens for the committee: Mr. Don Arabian; Council Member, Andy Kedzierski; Mr. John Rutte; City Attorney, Jim Woodman; Mr. John Salamone; and, Mr. Bill Hodge. Discussion followed. Mr. Kedzierski spoke in favor of the motion, noting the committee could provide the initial ranking for the Council Members. Vote on the motion was unanimous. Resolution No. 91 -56 Designating Council Members Areas of Interest A RESOLUTION DESIGNATING AREAS OF PRIMARY INTEREST OF INDIVIDUAL COUNCIL MEMBERS; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mayor Salamone moved to table until the next Workshop Meeting, due to the fact that Mr. Porter was not in attendance. Mr. Kedzierski seconded motion. Motion carried unanimously. 5. Motion Re: Christmas Bonuses for City Employees Mayor Salamone moved to table until the next Workshop Meeting. Mrs. Thurm seconded motion. Motion carried unanimously. 6. Motion Re: Bid No. 91 -10 Construction of Canaveral Park Ballfields and Veterans Memorial Par Mr. Spenik recommended that the City award the bid to the low bidder, M. H. of Brevard, in the amount of $63,711.77 for both projects. He further recommended that the funding be provided by allocating the $4,150.00 for sidewalks, and the $1,673.00 for fencing from the Capital Improvements Budget, and the balance of $57,886.77 from Beautification Funds. Mayor Salamone so moved. Mr. Randels seconded motion. Mrs. Judy Randels, Chairman of the Beautification Board, addressed Council regarding concerns that the DBH of tree sizes was not specified in the bid Specifications. Discussion followed. Vote on the motion was as follows: In favor, Mayor Salamone; opposed, Mr. Kedzierski, Mr. Randels and Mrs. Thurm. Motion failed. Mr. Kedzierski moved to request a clarification from all bidders and request their best and final offer. Mr. Randels seconded motion. Discussion followed. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Randels and Mrs. Thurm; opposed, Mayor Salamone. Motion carried. Due to the lateness of the hour, Mayor Salamone requested that Items 7 through 11 be carried over to the Workshop Meeting of December 12th. Mr. Woodman requested that Item No. 8 Discussion Re: Easement Request by Eugene J. Jandreau, be included on the agenda for the next Regular Meeting, since it was his item and he would not be in attendance at the Workshop Meeting. DISCUSSION Mr. Woodman reported on the petition that was filed regarding the DER Coastal Fuel Permit. Mr. Woodman advised that the attorney representing Jack Moline had asked the City to settle for an amount which was less than due the City. Mr. Woodman recommended that the City not compromise at this time. It was the consensus of Council to follow the City Attorney's recommendation. City Council Combined Workshop and Reguar Meeting December 3, 1991 Page 2 of 3 Discussion was held on the League of Cities Christmas gift exchange. There being no further business, the meeting was adjourned at 10:10 P.M. Approved this 17th day of December , 1991. ayor Pro Tem City Council Combined Workshop and Reguar Meeting December 3, 1991 Page 3 of 3 CITY COUNCIL SPECIAL MEETING DECEMBER 5, 1991 A Special Meeting of the Cape Canaveral City Council was held on December 5, 1991, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:00 P.M. by Mayor Joy Salamone. Mayor Salamone led the Pledge of Allegiance. The Roll was called by the City Clerk. Members 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; and, City Clerk, Janet Lesser. 1. Motion Re: Bid No. 91 -10 Construction of Canaveral Park Ball fields and Veterans Memorial Park Mayor Salamone moved to award the bid to the low bidder, M. H. of Brevard, in the amount of $63,808.77. Mr. Kedzierski seconded motion. Mr. Spenik noted that it had been brought to his attention that the "DBH" of the trees was specified on the drawings, which were a part of the bid package. Mr. Spenik reviewed his memorandum dated December 5, 1991, regarding the bid; a copy of which is attached 'hereto and made a part hereof by reference. Mr. Randels voiced concern over depleting the Beautification funds and noted that the estimated cost of the projects was $33,000.00, when they were first proposed by the Beautification Board. Discussion followed. Discussion continued on the Beautification Board's Adopt -A -Tree Program. Mr. Randels noted he did not like to see the program postponed when all the groundwork had been accomplished to start the project. Mr. Spenik advised that the utilities had to be located prior to the implementation of the project. Mr. Randels noted that Mr. Spenik had previously informed the Council that the utilities had been located. Mr. Spenik explained that only the sewer lines had been located; that the other utilities still needed to be located. Mr. Spenik expressed concern over having too many projects underway at one time for the members of the Beautification Department to handle. Discussion continued. It was pointed out that the City had received the tree bids and the Adopt -A -Tree Program could be kicked off on Arbor Day. It was suggested that the program be conducted on a limited basis as a pilot project. Vote on the motion on the floor was unanimous. The Special Meeting was adjourned at 5:43 P.M. Approved this 17th day of December 1991. - ��4 ay or Pro Tem ty Clerk of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/753 -1100 FAX 407/7993170 December 5, 1991 M P M n o n Al n T1 M Mayor & City Council From: Edward Spenik, City Manage RE: CONSTRUCTION OF BALLFIELDS AND VETERANS MEMORIAL PARK --------------------------- ---- ------- -------------- - - - - -- The architectural design plans has a list of all tree calipers. The plans were not in error nor was the architect. The Sabal Palms are 8 feet to 20 feet which is the industries standard size. The size was not listed because the cost for an 8 foot is the same for a 24 foot Sabal Palm. The total bid of $63,711.77 is correct. The City is to provide the mulch as opposed to the company's alternative bid. I do request a 5% contingency in case there is an unknown problem, which is $3,185.59 in both projects. A satisfactory reference was confirmed from three (3) companies that have had landscape service in excess of $50,000.00. 1. Parrott Homes: John Parrott (777 -9708) Melbourne 2. Centrex Homes: Steve Oliver (383 -9816) Titusville 3. Florida Air Academy: Jamie (723 -3211) $63,711.77 - 5,825.00 Capital Improvements Fund $57,886.77 ....Beautification Funds ES /ab PRINTED ON RECYCLED PAPER attachment BI NO 91 -10 DIN CANAVPI2AT, 9ATWIEZDS hND V=Mms1 M@I XIAL PARK BEST AND F ;tJAL, or= CM OF CAPE CANAVERAf, fi 7 ��17r7 I have reviewed my bid proposal s submitted and have determined that there are no errors nd I can perform the requirerwnte of the bid as sutmi ted . Au t?Wrlsed na �i�,/a�rras �CGo nuto tpriat or ty a :nR - Me- Sup^ OF (� W�T*I (Nib MULWA. I have reviewed my bid proposal determined that there are errors in could not satisfactorily perform the 91-10 if awarded the contracts cone Ballfields and Veterans Mamrial Par] a withdraw of our firm'e bid. submitted and have calculations and T uirm ents of Hid No. fiction of Canaveral I therefore, request CITY COUNCIL SPECIAL MEETING DECEMBER 9, 1991 A Special Meeting of the City Council of the City of Cape Canaveral, Florida was held on December 9, 1991, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:03 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; and Council Members Andy Kedzierski, Rocky Randels and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, Jim Woodman; and, City Clerk, Janet Leeser. Motion Re: Negotiations for Purchase of Land for Sewer Plant Lxpansion Mr. Don Arabian addressed the City Council on the 28 acres of land adjacent to the Wastewater Treatment Plant and suggested that the City authorize him, or another individual, to represent the City in negotiations on the purchase of the property. He explained that the price for the entire 28 acre parcel was $1,105,000, and would require $1,000 of earnest money, which the City would loose if the purchase did not materialize. Mr. Woodman advised that the City should not enter into the agreement prepared by FDIC because it does not warrant the property. It was further pointed out that the title search should be complete prior to any commitment to purchase. Mr. Kedzierski voiced concern about where the City would get the money for the purchase, if it desired to proceed. Discussion was held on the legality of entering into an agreement to purchase, prior to the final engineering design on the Wastewater Treatment Plant Expansion being accepted by the City. Discussion continued on condemnation of the property. Mayor Salamone voiced the opinion that Mr. Arabian was rushing the Council to make a decision, prior to them having all the facts. Mr. Woodman advised that if any formal action was going to be taken by the Council, it should be placed on the agenda of a regularly scheduled meeting. It was the consensus of Council not to make a decision on this matter until further information was received. There being no further business, the Special Meeting was adjourned at 5:55 P.M. Approved this 7th day of January , 1992. Ma or S ity Clerk City Council Special Meeting December 9, 1991 Page 1 of 1 CITY COUNCIL REGULAR MEETING DECEMBER 17, 1991 A Regular Meeting of the Cape Canaveral City Council was held on December 17, 1991, at the City Hail Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:31 P.M. by Mayor Pro Tem, John Porter. Pledge of allegiance was led by Mr. Porter. The roll was called by the City Clerk. Officials present were 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, Janet Lesser. Mayor Salamone was not in attendance because she was ill. Mr. Randels moved to approve the minutes of the Combined Workshop and Regular Meeting of December 3, 1991. Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Kedzierski moved to approve the minutes of the Special Meeting of December 5, 1991. Mrs. Thurm seconded motion. Motion carried unanimously. Mr. Porter read a Proclamation regarding Living Memorial for Women in Military Service. City Manager, Edward Spenik, announced that the Special City Employee Award was being presented to Mr. Wes Fox, who was not able to be in attendance, for his service as an Operator Trainee. Mr. Spenik noted that Mr. Fox also provides Animal Control Services to the City on a contractual basis. Mr. Spenik explained that a resident of the City, Gladys Kendell, had recently presented the City with a hundred- dollar reward, for services rendered by Mr. Fox. Mrs. Kendell addressed the Council at this time. Mr. Porter presented the Volunteer of the Month Award to Mr. Fred Di Stasio for his services on the Planning and Zoning Board and for organizing the June City -wide Clean Up Campaign. UNFINISHED BUSINESS I. Resolution No. 91 -56 Desi natin Council Members Areas of Interest Postponed 12 -3- 1 A RESOLUTION DESIGNATING AREAS OF PRIMARY INTEREST OF INDIVIDUAL COUNCIL MEMBERS; PROVIDING AN EFFECTIVE DATE. Mr. Porter read the title of the Resolution. Mr. Randels moved for adoption, with no changes from last year. Mr. Kedzierski seconded motion. Mr. Porter read the Resolution in its entirety. Vote on the motion was unanimous. Resolution No. 91 -56 was adopted. 2. Motion Re: Christmas Bonuses for City Employees (Postponed 12 -3 -91 Mr. Randels moved to grant the Christmas Bonuses as presented. Mrs. Thurm seconded motion. Discussion followed. It was suggested that the amount of the Christmas Bonuses be addressed during the next budget cycle. Vote on the motion was unanimous. City Council Regular Meeting December 17, 1991 Page 1 of 5 3. Discussion Re: Proposed Ordinance Amending Zoning Regulations Landscaping Requirements Mr. Randels moved to approve the proposed changes. Mrs. Thurm seconded the motion. Mr. Woodman advised that the changes would have to be made by Ordinance. Mr. Randels moved to amend the motion to state that the proposed changes be placed on the next agenda for First Reading. Mr. Porter seconded motion. Vote on the amendment was unanimous. Discussion was held on whether or not the Planning and Zoning Board had approved the proposed changes. Mr. Randels noted that the Planning and Zoning Board approved the changes on March 27, 1991. Discussion continued. Vote on the main motion on the floor was unanimous. This item will be placed on the next agenda for First Reading. 4. Discussion Re: Easement Request by Eugene J. Jandreau Mr. Woodman gave a brief history of the easement problem along the canal and explained that Mr. Jandreau was requesting the return of an easement which was originally for the Banana River Extension. It was pointed out that the City had granted this request to other property owners in the area, but it would be necessary to retain an adequate easement to service the canal and sewer line. Mr. Woodman advised if the Council wished to honor Mr. Jandreau's request, it would be necessary to do so by Resolution. Discussion followed. It was noted that even though this area was surveyed in 1987, there was still some confusion as to where the City's easement was located. Discussion continued. Mr. Spenik will research the matter and report back to Council at the next meeting. 5. Discussion Re: Duval Building Mr. Porter announced that he would not participate in the discussion or any action on this item because he had a conflict of interest. Discussion was held on Mrs. Porter's offer to lease the former Duval Federal Savings and Loan Building, located across the street from City Hall, to the City on a triple net lease. It was the consensus of the Council that although it was an attractive offer, the City was not in a position financially to take any action on the offer. They voiced their .appreciation to Mrs. Porter for bringing the offer to the City. NEW BUSINESS 1. Discussion Re: Negotiations with Cevesco, Inc. Mr. Spenik advised that Cevesco had lowered their offer to $98,000.00 an acre ($2.25 a square foot). Discussion followed. It was the consensus of Council that since the City had not made a decision on the Sewer Plant Expansion, no commitment to purchase should be made at this time. Mr. Spenik was directed to reply to Mr. George Firkins, to keep the City's option open. 2. Discussion Re: Americans with Disabilities Act Mr. Spenik and Mr. Woodman reported on the Americans with Disabilities Act and the potential impact on the City. Discussion followed. Mr. Randels noted that the Space Coast City Council Regular Meeting December 17, 1991 Page 2 of 5 League of Cities was considering sponsoring a seminar on the issue. 3. Discussion Re: Recycling Grant Mr. Spenik advised that the City received $11,645.00 from the County for the Recycling Grant. Discussion followed. It was noted that the expenditure of the grant money was very restricted. Mr. Spenik will research options and report back to Council at a later date. 4. Discussion Re: Employees' Request for Training Mrs. Thurm moved to approve the training requests presented by the following employees: Alison Brown, Kay McKee, Chris Kulac, and Walter Bandish. Mr. Kedzierski seconded motion. Mrs. Thurm spoke in favor of the motion. Motion carried unanimously. 5. Finance Director's Report Finance Director, Bennett Boucher, reviewed his quarterly financial report with the City Council. He also noted that he had given them information on Unreserved Fund Balance and Debt Management. Discussion was held on the Fire Protection Fund. Mr. Boucher noted that the staff was preparing some proposed changes that would be presented to the Council for consideration after the first of the year. Mr. Porter commended Mr. Boucher on his report. Discussion was held on the proposed budget transfers. This item will be placed on the next agenda for action. Mr. Porter introduced Mr. Tom Kirk, the City's new represen- tative with the accounting firm of Hoyman, Dobson 6 Company. 6. Council Training: Wetlands Requlations, March 12, Orlando; Mr. Spenik recommended that members of the Council and at least one staff member attend these two seminars. This item will be placed on the next agenda for action. 7. City Manager Annual Review (October 28, 1991) Mr. Porter advised that Mayor Salamone had requested this item be postponed until the Workshop Meeting of January 16, 1992. 8. Employee of the Quarter Mr. Spenik noted that the award had been made at the beginning of meeting. 9. Florida League of Cities; Constitutional Amendment Mr. Spenik reviewed the information and noted that the proposed amendment would raise the ten mill cap on property tax increases. Discussion followed. It was the consensus of Council not to support the amendment. 10. The Law and the Gift Tax /City Attorney Mr. Woodman reviewed the booklet prepared by the Florida League of Cities and suggested that permission be sought to reprint portions of it and present to all Board Members. Council members concurred with Mr. Woodman's suggestion. City Council Regular Meeting December 17, 1991 Page 3 of 5 11. County Tax for Criminal Justice Mr. Spenik advised that he has provided the proposed ordinance for informational purposes. 12. Florida House of Representatives; Local Bill Certification Form and Procedure Mr. Spenik and Mr. Randels reviewed the new procedures for introducing bills to the House of Representatives. 13. Bid No. 91 -11 Trees Mr. Randels moved to award the bid to Ross Nursery in the amount of $1,700.00. Mrs. Thurm seconded motion. Discussion followed. Vote on the motion was unanimous. DISCUSSION Mr. Woodman distributed a letter he had received from a citizen of the City, Susan Richardson, regarding a manhole which she contends is located on her property. Mr. Woodman advised that he was bringing the matter to the attention of the City Council, since it was not in his purview to address the issue. Mr. Spenik noted the City was in the process of locating all the sewer lines and manholes in that area. Mr. Woodman reported on the title search which was conducted on the 28 acres adjacent to the Wastewater Treatment Plant. He noted that there were ten pages of recorded encumbrances on the property and advised that if the City wished to further explore the acquisition of the property, it would be necessary to purchase title insurance, if it were available. Mr. Kedzierski noted that if the City would go through the condemnation procedure it would clear the title. Discussion followed. This item will be discussed further at the next meeting. In response to a question by Mrs. Thurm, Mr. Woodman advised that Randy Mays had paid the City a $500.00 fine for his illegal land clearing, which was the maximum amount allowed under the Ordinance that was on the books at the time. Mr. Spenik reported on the alleged injury on the Jefferson Avenue Dune Crossover and noted that the City was conducting an investigation into the matter. Mr. Spenik advised that Western Waste had not made a decision regarding how they were going to proceed with picking up green waste in the City. Mrs. Thurm inquired about her former request for an accounting of the monies spent defending the Bolanowski case. She suggested that the City seek retribution for these expenses. Discussion followed. Mr. Woodman will research the matter and report back to Council. Mrs. Thurm inquired whether or not the Council wished her to explore the possibility of purchasing and relocating the historical house located behind the post office. Council concurred that it should be explored. Mr. Porter suggested the City recognize Carl Newland with a plaque or certificate. Mr. Porter noted that Building Official, Jim Morgan, had requested Council to address the complaint filed by Marion Lippert. Mr. Spenik advised that it was his opinion no action was required by the Council on this matter. City Council Regular Meeting December 17, 1991 Page 4 of 5 There being no further business, the meeting was adjourned at 9:50 P.M. Approved this 7th day of January , 1992. ma *or l ,CC -2.GC� ity Clerk City Council Regular Meeting December 17, 1991 Page 5 of 5 CHRISTMAS BONUSES 1991 CHRISTMAS EMPLOYMENT DATE EMPLOYEE NAME BONUS Administration 08/20/81 Janet S. Leeser $ 162.50 02/18/81 Bennett C. Boucher 175 00 05/23/89 Alison S. Brown 55.00 05/13/85 Deborah E. Haggerty 115.00 08/30/89 Janet J. Pilarczyk 55.00 06/27/90 Debbie Morris 27.50 Glen T. Siler 40.00 5 9 UO Building Department W. Fox 55.00 11/08/89 04/09/87 James E. Morgan 85.00 02/13/89 Thomas B. Kleving 55.00 04/19/89 Susan L. Nelson 55.00 02/11/85 Evelyn B. Hutcherson 115.00 04 -29/86 William V. Huber (P /T) 87.50 Street Department 12/16/90 Barbara E. Chase 09/06/66 Carl R. Akery 400.00 03/05/90 Anthony H. Martin 40.00 08/28/90 Loren E. Clark 40.00 03/31/86 Craig F. Staffileno 100.00 03/19/90 Gregory S. Mullins 40.00 05/13/91 Jamie L. Crowell 25.00 10/03/91 Cathy D. Brainard 25.00 670.00 Beautification 05/28/91 Kay O. McKee 25.00 07/05/89 Chris T. Kulac 42.50 06/13/90 Donald W. Evans 40.00 10/06/87 Thomas D. Whalen 85.00 Walter M. Bandish 25.00 192.50 Wastewater Treatment Plant 06/25/84 Josephine Hughes (P /T) 117.50 10/16/90 Karen D. Pappas 27.50 04/08/91 David B. Fritz 25.00 12/17/90 Walter M. Bandish 25.00 03/13/89 Steven A. Vanlandingham 55.00 12/06/82 Keith T. Jordan 145.00 09/04/90 Glen T. Siler 40.00 06/12/89 Raymond W. Fox 55.00 11/08/89 Stephen R. Baker 55.00 10/24/89 Carlito G. Cordero 55.00 09/02/86 June A. Clark 100.00 10/23/90 Kenneth L. Veenstra 40.00 02/06/89 Paul E. Prince 55.00 12/16/90 Barbara E. Chase 25.00 08/19/91 Larry C. McCormack 25.00 CHRISTMAS BONUSES 1991 PAGE 2_ Parks and Recreation 06/21/78 Nancy L. Hanson CHRISTMAS EMPLOYMENT DATE EMPLOYEE NAME BONUS School Crossing Guards 12.50 05/25/76 Wallace A. Homer 237.50 02/10/78 John W. Osborne 207.50 09/04/73 Alma Osborne 282.50 11/10/80 Bessie M. Fry 177.50 Parks and Recreation 06/21/78 Nancy L. Hanson 220.00 03/21/83 Francoise Norman 132.50 04/06/91 Sheree G. Gillard (P /T) 12.50 02/08/91 Shahram Bozorg (P /T) 12.50 01/10/86 Marcel A. Bonnenfant (P /T) 87.50 07/30/86 Donna S. Welton (P /T) 87.50 12/09/85 Cheryl L. Puleo (P /T) 87.50 �b RECAP OF CHRISTMAS BONUS EXPENSE General Fund Sewer Fund Beautification Fund Total Expense All Funds FORMULA Full -time Employees: Part -time Employees: $3,202.50 845.00 192.50 4,240.00 FICA 324.36 $4,564.36 $25.00 first year 15.00 each additional year $12.50 first year 15.00 each additional year CITY COUNCIL REGULAR MEETING AUGUST 1, 1989 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on August 1, 1989, 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 Robert Hoog and Council Member Rocky Randels. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac, and City Clerk, Jan Leeser. Council MembersJeff Kidd and Steve Miller were excused. Mr. Hoog moved to forego the reading of the minutes of the Reg- ular Meeting of July 18, 1989. Mr. Randels seconded motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Ordinance No. 7 -89 Chapter H 653, Political Sign Regulations (Second Reading and Public earin ) AN ORDINANCE AMENDING CHAPTER 653, SIGN CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING 'I'HE POLITICAL SIGN REGULA- TIONS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Hoog moved for adoption. Mr. Randels seconded the motion. Mr. Randels spoke in favor of the Ordinance. Vote on the motion was unan- imous. Ordinance No. 7 -89 was adopted on second reading. NEW BUSINESS 1. Ordinance No. 8 -89 Amendinq ZONING REGULATI AN ORDINANCE AMENDING SECTION 645.37 OF THE ZONING REGU- LATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REQUIRING APPLICANTS FOR REZONING OR ZONING ORDINANCE AMENDMENTS TO DEFRAY ALL INVOLVED COSTS; AMENDING SECTION 645.04, APPLICATION FOR BUILDING PERMIT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve first reading. Mr. Hoog seconded motion. Mr. Randels spoke in favor of the proposed Ordinance. Vote on the motion was unanimous. Ordinance No. 8 -89 was approved on first reading. 2. Ordinance No. 9 -89 Amend AN ORDINANCE AMENDING CODE. CHAPTER 501, STREETS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPP. CANAVERAL, BREVARD CITY COUNCIL REGULAR MEETING AUGUST 1, 1989 PAGE 1 OF 3