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HomeMy WebLinkAbout08-02-1994 Regular Meetingr • • CITY COUNCIL REGULAR MEETING August 2, 1994 A Regular Meeting of the Cape Canaveral City Council was held on August 2, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present Acting Deputy City Clerk Susan Stills Present ADOPTION OF MINUTES: 1. Combined Workshop and Regular Meeting_of July 19, 1994. Motion by Mr. Porter, seconded by Mr. Nicholas to approve the minutes of the Combined Workshop and Regular Meeting of July 19, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No. 29 -94, Adopting new Personnel Rules & Regulations, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 29 -94 at second and final reading. Mr. Randels expressed his concerns regarding provisions in the Personnel Rules which allowed part-time employees to receive vacation and sick leave benefits and the sick leave incentives included on page 39 of the Rules. He further noted that City employees were eligible to convert up to three (3) days of sick leave to three (3) personal days per year. He believed that sick and personal leave were to be used for different purposes. Mr. Nicholas concurred • City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 2 with Mr. Randels on the point of converting sick leave to annual or administrative leave. After additional discussion, the motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 2. Ordinance No. 30 -94, Amending City Charter, Article III, Section, Compensation of Officers. and Code of Ordinances. Chapter 2. Administration, Division 2, Compensation, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, . seconded by Mr. Berger to adopt Ordinance No. 30 -94 at second and final reading. Mr. Nicholas noted that the section numbers in the Ordinance were out of sequence. Mr. Kancilia stated that the second Section 2 would need to be amended to Section 3 and subsequent sections changed accordingly. Motion by Mayor Salamone, seconded by Mr. Randels to amend the ordinance to re- number the sections as needed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone commented that she felt strongly that the ordinance was certainly necessary after no changes having been made to Council salaries in 30 years. Mr. Randels stated that Councilmembers' expenses far exceeded any reimbursed amounts. He also noted that an equitable salary would more adequately provide for City- related expenses incurred by members of Council. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against r City of Cape Canaveral, Florida Regular City Council Meeting ID August 2, 1994 Page 3 Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 3. Ordinance No. 31 -94. Appointing members to the Local Planning Agency. for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SECTION 58 -56, DESIGNATION AND ESTABLISHMENT, OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. 411 Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31 -94 at second and final reading. Mr. Randels questioned whether the nature of the ordinance was temporary or permanent. Mr. Kancilia explained that the nature of the Ordinance was permanent until the Ordinance was subsequently amended by Council. He further explained that the Board would consist of two (2) at large members and five (5) individuals who were also the regular members of the Planning and Zoning Board and that the at large positions would be utilized by two (2) Councilmembers to assist in the amendment of the City's Comprehensive Plan. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Resolution No. 94 -35. Appointing members to the Local Planning Agency (LPA). Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. ioMotion by Mr. Porter, seconded by Mr. Nicholas, to adopt Resolution No. 94 -35 appointing Leo Nicholas and Rocky Randels as delegates at large to the Local Planning Agency. Mr. Randels City of Cape Canaveral, Florida • Regular City Council Meeting August 2, 1994 Page 4 asked if there were other Councilmembers who desired the position. Mayor Salamone expressed Council's appreciation to Mr. Randels and Mr. Nicholas' for their willingness to assist where they were needed. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 22 -94. Amending City's Code of Ordinances. to enact provisions to minimize fire hazards within the City, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BO'I LED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; REQUIRING BATFERY BACK -UP FOR SMOKE DETECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR • AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 22 -94 at first reading. Mr. Randels expressed his agreement with the ordinance in that it would help minimize fire hazards within the City and fees would be incurred only by those who needed such inspections. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No. 20 -94, Amending Subsection 110 -51(b) of the Code of Ordinances. by changing requirements for the parking of boats. utility trailers. recreational vehicles. and special purpose vehicles, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 110- 551(b); AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; City of Cape Canaveral, Florida • Regular City Council Meeting August 2, 1994 Page 5 • • AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 20 -94 at first reading. Mr. Porter commented on the letter sent by Gerry Schmitz questioning the provision in the ordinance whereby the City was asking citizens to install a concrete pad or an impermeable surface, he suggested that this item be amended. Mr. Randels noted that this amendment had been made in the revised Ordinance. Mr. Nicholas stated that the ordinance did not specifically restrict paving to asphalt or concrete, it included sand, gravel, etc. Mayor Salamone asked Mr. Kancilia if the ordinance addressed other points addressed by Council, such as the twenty -five feet set back requirement. Mr. Kancilia answered that the ordinance prohibited the parking of vehicles within four feet of the right -of -way abutting any street. Mayor Salamone expressed that she felt the limitation was unfair to citizens. Mr. Berger commented that the sidewalks were built within the easement and he did not think that trailers or boats should be parked within the easement. Mr. Kancilia stated that if the sidewalks in question were all within the right -of -way and the City did not want boats and utility vehicles protruding over the sidewalk, the proposed Ordinance included "within four feet of the right -of- way" which was four feet off the sidewalk, then the wording could be changed to provide that no vehicle would be parked on the right -of -way. He stated that then the vehicles would be allowed closer to the street and aesthetically that provision may be objectionable to some individuals. There was further discussion regarding the areas where no sidewalks were provided and other right -of -way concerns as related to the parking of boats and other such vehicles. Motion by Mayor Salamone, seconded by Mr. Berger to amend Section 1 of the Ordinance, Sec. 110- 551(b)(2)(a) to allow that no boats, utility trailers, recreational vehicles, or special purpose vehicles "shall park within the right -of -way as opposed to within four (4) feet of the right -of -way line abutting the street ". Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Randels expressed his concerns regarding the "relaxation of the parking requirements" included within the proposed Ordinance. Discussion followed regarding the screening limitations included in R -1 and R -3 zoning, and the limitation against the parking of any vehicle in excess of thirty (30) feet in length in R -1, R -2 or R -3 zoning. After discussion, Council concurred that such vehicles in excess of thirty (30) feet in R -2 and R -3 zoning would require screening. Mr. Nicholas expressed his concerns regarding the provision which allowed the parking of such vehicles on vacant lots under certain conditions including the written consent of the lot owner, current license plates, and that the vehicle needed to be in operable condition. Council concurred to further discuss Section 3 of the Ordinance at the next regular workshop meeting to be held on September 1, 1994. Motion carried on the main motion with members voting as follows: City of Cape Canaveral, Florida • Regular City Council Meeting August 2, 1994 Page 6 Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 4. Ordinance No. 32 -94. Amending Section 38 -2, Fire Safety Fees, to provide for reduced fire safety fees, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 38 -2, FIRE SAFETY FEES, TO PROVIDE FOR REDUCED FIRE SAFETY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. . Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 32 -94 at first reading. Mr. Randels expressed concern over making changes to the Ordinance after the original Ordinance was adopted less than two (2) months earlier. He stated that the Ordinance had yet to become effective and Council should not respond to the objections of one (1) individual complaint. Mr. Randels reiterated the two -fold objective of the ordinance which was to make fire safety rules that would apply to buildings to ensure that businesses were following a uniform code of fire safety at a cost of $50.00 per inspection and also to comply with State regulations on fire safety. Mayor Salamone questioned why the Ordinance was being changed two (2) months after it was originally adopted. Mr. Nicholas answered that Mr. Tim Grady had objected to the ordinance because he had not been notified of the cost and because Mr. Grady had paid for an occupational license and Mr. Grady had felt that the license should pay some of the cost of the fire inspection fee. Mr. Nicholas further explained that small businesses were being required to pay more and more fees and costs in order to do business. Mr. Randels asked Council to postpone passage of the Ordinance until Council had an opportunity to review the proposed budget. Mayor Salamone felt that the fee was fair and equitable. Further discussion followed regarding the implementation and possible revision of fire inspection and safety fees. Mr. Porter suggested using a fee of $35.00 as opposed to $50.00 for fire safety inspections. Motion by Mayor Salamone, seconded by Mr. Porter to table Ordinance No. 32- 94. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember, Nicholas, For; Councilmember Randels, For. 5. Resolution No. 94- 344Authorizing an in -kind service agreement with Bay Construction, Inc. to construct improvements to Tower Boulevard. r City of Cape Canaveral, Florida • Regular City Council Meeting August 2, 1994 Page 7 • Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE PAYMENT OF IMPACT FEES IMPOSED BY SECTIONS 2 -231 THROUGH 2 -237 TO BE PAID BY IN-KIND CONTRIBUTIONS BY DISCOVERY BAY DEVELOPMENT, INC., FOR THE PAVING OF APPROXIMATELY THREE HUNDRED FORTY (340) FEET OF TOWER BOULEVARD; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Berger to adopt Resolution No. 94 -34. Mr. Randels clarified that the intention of the developer was to pave a section of Tower Boulevard to permit him access to his development; however, the road would have to built to City specifications and the cost of the road, approximately $12,010, would be applied to the developer's impact fees in the form of a credit. He further explained that the developer was willing to pave the road and have his impact fees applied as he pulled his permits. Mr. Kancilia stated that the developer would pay for the cost of the road and as units were built and impact fees would have been payable, the developer would be credited for amounts already paid for paving against the required impact fees. Mayor Salamone questioned Mr. Boucher as to which impact fees were in discussion. Mr. Boucher explained that police, fire, parks, general government, and library impact fees were involved. Mr. Porter commented that years ago there had been an agreement between the City and Shuford Mills, which Mr. Nicholas had signed as City Manager, which stated that if Shuford Mills deeded the City the road right -of -way that the City would then pave the road. Mr. Boucher stated that the paving funds were listed in the FY 95/96 capital improvement budget. Mr. Porter questioned if the City had in fact signed a written agreement with Shuford Mills for the paving of Tower Boulevard. Mayor Salamone responded affirmatively and stated that no date had been set for the pavement of Tower Boulevard. Mr. Porter felt that the City had an obligation to pave Tower Boulevard through its written agreement with Shuford Mills. Mayor Salamone stated that the developer's proposal would only pave 340' of the roadway. She stated that she was not comfortable with the idea of paving the entire roadway due to the limited of amount of traffic on the road. Mr. Randels stated that previously there had been a strong concern of the wastewater treatment plant employees over the damage caused to their vehicles due to the condition of the northern section of Tower Boulevard. Mr. Bob Hoog stated that the Fire Department used to buy fuel from the City for the fire trucks, but it had discontinued that practice due to the condition of Tower Boulevard. There was further discussion regarding the possibility of paving the entire length of Tower Boulevard; the use of impact fees for the purposes so designated (library, parks, police, fire and general government, etc.); concurrency management concerns; and the limited access to the front of the Discovery Bay development by pavement of the 340' section of roadway. Mr. Nicholas expressed his strong opposition to allowing the use of impact fees through the in -kind agreement I City of Cape Canaveral, Florida • Regular City Council Meeting August 2, 1994 Page 8 • and explained his reasons for same. Mr. Porter stated that he felt that Mr. Nicholas had a valid point that the impact fees did have "names" on them such as library, parks, etc. He stated that he did not understand Mr. Nicholas' other objections in light of Mr. Nicholas's signature on behalf of the City on the Shuford Mills agreement. Mr. Nicholas stated that he still felt that the City should pave Tower Boulevard; however, the City did not have the funds to pave the roadway. Mr. Boucher stated that he agreed that impact fees should be used for their stated purposes; but the City had earmarked $15,000 to stabilize the east -west leg of Tower Boulevard in this year's budget. He suggested if the City wanted to take the $15,000 and apply it toward construction of the 340' portion of the roadway then let the developer pay the impact fees and allocate the $15,000 for the stabilization of the roadway toward the construction of the 340' section of the roadway. Mayor Salamone stated that it would appear that the City was paving the 340' section only for the one developer. There was additional discussion regarding the entire Tower Boulevard situation. Mr. Boucher suggested paving the entire roadway in accordance with the FY 95/96 capital improvement budget after construction of the wastewater treatment plant improvements to eliminate the possibility of damage to the new roadway by construction vehicles. Mr. Bob Hoog commented on the amount of gas tax revenue coming into the City and that Tower Boulevard had been an issue for a number of years and he expressed his support of moving forward with the pavement of Tower Boulevard. Mr. Randels distributed copies of pertinent sections from the City's Code Book relating to impact fees. He expounded on the purposes /uses of impact fees. Mr. Porter felt that the City should complete the road in two (2) phases to deal with the sewer plant construction; first portion as quick as possible and the remainder in FY 95/96. Motion failed with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 6. Award of Bid No. 94 -02, Laboratory Water Purification System. Motion by Mr. Randels, seconded by Mr. Porter for Council to approve the award of Bid No. 94 -02 to the low bidder, Curtin Matheson Scientific, Inc., in the amount of $6,054 as recommended by the Public Works Director. Mr. Boucher explained that the new system would replace the water purification system purchased in 1986. Mr. Nicholas asked if the City received an itemized breakdown from Fisher Scientific as it did from Curtin Matheson Scientific, City of Cape Canaveral, Florida • Regular City Council Meeting August 2, 1994 Page 9 • ■ Inc. Mr. Boucher explained that Fisher's price was submitted in one lump sum. Mr. Nicholas commented that the bid was in line with the upgrading of the wastewater and laboratory facilities. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. After a ten - minute break, the meeting was reconvened. 7. Quarterly Budget Transfers. Motion by Mayor Salamone, seconded by Mr. Randels to approve the quarterly budget transfers for the quarter ending 6/30/94. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter; Councilmember Berger, For;; Councilmember Nicholas, For; Councilmember Randels, For. 8. Approval of contract for annual audit services - Hoyman & Dobson, Inc.. Motion by Mayor Salamone, seconded by Mr. Randels to approve the annual audit service contract with Hoyman & Dobson, Inc. Mr. Nicholas stated that he 'wished to bid out the audit services. He expressed that the service had not been bid out for 10 years and he wondered if the City was receiving a reasonable rate. Mayor Salamone stated that bidding the services out was not feasible at this time. She suggested that perhaps the contract could be bid out for FY 94/95. Mr. Randels questioned Ms. Janet Petroni of Hoyman & Dobson, Inc. if the cost included drafting of the annual budget. She concurred that it did. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 9. Authorization• to bid annual audit services contract. Motion by Mayor Salamone, seconded by Mr. Randels to bid out the audit services contract for FY 94/95. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 10. Authorization to bid legal services contract for FY 94/95. Motion by Mr. Nicholas, seconded by Mr. Randels to bid out the legal services contract for FY Y � Y gal I • City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 10 94/95. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Resolution No. 94 -36, Appointing two 12) regular members to the Commercial Development Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mayor Salamone to adopt Resolution No. 94 -36 inserting the names of Ms. Joyce Sale and Mr. Jon Windhorst as regular members of the Commercial Development Board with terms to expire on June 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Porter explained that Mr. Jim Means had agreed to assist as a volunteer and help the City's grant writer, Mr. Bill Edins, in search of private and federal grant funds. Mr. Means was agreeable to not being appointed to the Commercial Development Board at this time. However, Mr. Porter recommended that the City Council retain his application and if an opportunity should arise for another position that he be approached again. Mr. Porter also commented that Mr. Windhorst was very experienced and would be most beneficial to the Board, as well as, Ms. Sale who had been a member of the Equity Study Commission and was a business owner in Cape Canaveral. 12. City Manager's Report. Mr. Boucher commented that Ms. Ava Tunstall, appellate attorney for the City, had filed a brief in the Abbott case, and he suggested that Council read the brief and he complimented Ms. Tunstall on her work with the case to date. Mr. Boucher stated he had spoken to Brevard County planning directors, Gary Ridenour and Peggy Busaca, regarding the possibility of utilizing a County planner to assist with the City's Local Planning Agency and the Commercial Development Board. The working relationship between the City and the County looked favorable. IDMr. Boucher announced that the land acquisition of the 2.4 acres of property located north of the existing wastewater plant with Cevesco, Inc. had been finalized. i • City of Cape Canaveral, Florida Regular City Council Meeting August 2, 1994 Page 11 Mr. Boucher stated that he and Mr. Kancilia were working on a draft of a cable franchise agreement for the next workshop meeting. Mr. Boucher acknowledged that the disagreement with Mr. Roger Vaughn over the sewer line had been resolved and the City settled the matter for the plumber's itemized estimate of $730.00 which had been agreeable to Mr. Vaughn. Mr. Boucher reminded Council of the upcoming budget workshop meeting scheduled for Monday, August 8th, at 5:30 p.m. Mr. Boucher commented on the resolution from the Port Authority in response to the City's resolution regarding termination of the sewage franchise agreement in the year 2000. Mr. Berger suggested that every year the City send a friendly reminder letter to the Port reminding them that their contract would be terminated in 2000. Mr. Nicholas added that the Port had allocated $15,000 for engineering studies for its own plant. Mr. Boucher announced that due to the City's Drug -Free Workplace Program the City was given a credit on its workers' compensation insurance in the amount of $1,353.00. DISCUSSION: 1. Motion by Mr. Porter, seconded by Mr. Berger for an add -on agenda item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Porter, seconded by Mr. Berger for Council to take the $15,000 allocated for the stabilization of Tower Boulevard in the FY 93/94 budget and use the allocated funds for immediate use to pave the first 340' of Tower Boulevard (Phase D. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Mr. Kancilia noted the litigation report given to Council of all legal cases. He reported on the Abbott case and noted that under the rules of appellate procedure it was up to the court to schedule oral argument; to date oral argument had not been scheduled. In the case of Royal Mansions Condominium Association vs. the City, the hearing on the motion for summary judgment which was originally scheduled for September 6th had been postponed until September 12th to accommodate the judge's schedule. Mr. Kancilia further summarized the status of the Royal Mansions case. Mr. Kancilia stated that in the case of American Bank of the South vs. Szapor the City was 111 actually a cross - claimant (third party claim). Mr. Szapor had included the City and other defendants in a foreclosure suit against American Bank of the South. American Bank had filed City of Cape Canaveral, Florida . Regular City Council Meeting August 2, 1994 Page 12 • • suit against Mr. Szapor for default on a loan and Mr. Szapor had dragged the City and other parties into the suit alleging defects in the title. Mr. Kancilia did not believe that the City was a proper party to the suit and the City had moved to dismiss the case as not being appropriate against the City. ADJOURNMENT: There being no further business, the meeting adjourned at 10:15 P.M. Approved this 6th day of s pi-mm1- - , 1994.