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HomeMy WebLinkAbout09-20-1994 Combined Meetingi CITY COUNCIL COMBINED WORKSHOP & REGULAR MEETING September 20, 1994 A Combined Workshop & Regular Meeting of the Cape Canaveral City Council was held on September 20, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Absent Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of September 6. 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of September 6, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Special City Council Meeting of September 12. 1994. Motion by Mr. Nicholas, seconded by Mr. Randels to approve the minutes of the Special City Council Meeting of September 12, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PROCLAMATIONS: 1. Pepper Buster Day - October 22. 1994. Mayor Salamone read the proclamation and presented it to Mr. Michael Casciopo, Marine Resources Council of East Central Florida. Mayor Salamone rearranged the order of the agenda due to the number of individuals present in the audience with regard to particular subjects. NEW BUSINESS: 2. Discussion & Motion Re: Library expansion site plan review~ Mr. Roy Cowell, Stonier Stagg & Associates, gave a brief background of the library expansion project and two conceptual plans, A & B, which had been presented to City and County staff, the Library Board, and the City Council. Council had requested that the architects review other available alternatives for parking to allow a larger amount of greenspace to remain on the subject property. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 2 Mr. Cowell presented three (3) alternative solutions, C, D & E, and explained the concepts, and the positive and negative aspects of each. Concept C provided for the use of Poinsetta Avenue as a parking lot, closing the access point at Polk Avenue, with major work to be done on the east side of the property by removing sidewalks and relocating trees. Concept D provided that Poinsetta would still be a thoroughfare, but it visually would not give the impression of a through street due to landscaping. It would also utilize the City Hall Annex parking lot. Concept D would require significantly more construction including relocation of the library sign and possible storm drains. Concept E included several small parking sections and angle parking for the staff parking lot. Mr. Cowell stated that the library staff and the Library Board remained supportive of Concept A due to several reasons including that the facility would be a self - contained operation with everything controlled by the library, and the facility would not impact any outside entities. He explained that there would be a significant increase in the cost of the project if Poinsetta Avenue were closed or reconstructed to allow vehicle parking within the right -of -way. The utilization of any of the concepts which involved the use of Poinsetta Avenue would require changes to the scope of services under which Stonier Stagg had been contracted along with additional expense. Mr. Cowell commented that there were a limited amount of funds available within the County for all of the library expansion projects. Mr. Joe Bisley, Brevard County Director of Facility Construction, stated that there would be an additional cost impact from design and construction standpoints and there were limited funds set aside for the library project. He stated that if Poinsetta Avenue was developed as a parking area, the County's choices would be to limit the scope of the project or to have the City share in some of the expenses with the County. Mayor Salamone questioned if the County would be willing to continue to fmance their portion of the expansion if the City agreed to develop the parking facilities along Poinsetta Avenue and how such a change in plans would affect the timeline of the project. Mr. Bisley stated that the first step would be to identify the difference in expenses involved, share the information with the local and County Library Boards and ultimately present it to the County Commission. He stated that other safety concerns needed to be addressed. He stated that the construction would be delayed approximately 60 days with such a change in the conceptual plans. Mr. Nicholas suggested a compromise to include placing parking only in the northern part of the addition on the east side near the entrance off of Polk Avenue and utilizing the parking across the street near the annex for the required number of parking spaces for the expanded building. Such a compromise would leave the southern half of the expansion site as greenspace. There was further discussion regarding the required number of parking spaces, possible pedestrian problems, the number of residents and visitors who use bikes or walk to their destinations within the City, and the general accessibility, convenience, safety and liability of the library facility. Mayor Salamone stated that the meeting room was not used often enough to justify the expanded parking and she favored Concept D. Mr. Berger suggested changing the angle of the building. Mr. Nicholas commented that he was adamantly against closing Poinsetta Avenue. Mayor Salamone asserted that Orange and Ridgewood Avenues were available for north -south traffic and that closing one block of traffic along Poinsetta would not be a problem. Discussion continued regarding maintaining as much greenspace as possible. Ms. Kathy Stewart, Brevard County, stated that historically when a library was expanded it was 1 /3rd more utilized which would mean additional parking needs. She stated that the circulation had City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 3 increased by 20 % each month within the area and she disagreed that the parking was adequate for the library as it currently existed. She commented that a library of the proposed size usually require 45 -70 parking spaces. Discussion continued regarding traffic flow and pedestrian and vehicular traffic to the library. Mr. Harry Ernst, Library Board member, questioned if there were figures available on how much the open area near the library was used for recreational purposes. Mayor Salamone stated that no established figures were available, but that the children did use the area consistently and she would hate to see another concrete jungle in the area. Mr. Kancilia left the meeting at this time; Mr. Kevin Markey, Assistant City Attorney, took his place at the meeting. Mayor Salamone stated that a viable compromise would be to allow the City to take back one lot east of the facility to increase the greenspace area. She summarized the compromise by explaining that Poinsetta Avenue would remain open, 68 parking spaces would be located on the site, the building would remain as depicted on Concept A, and half of the requested greenspace (one lot) would be returned to the City. Council concurred with the suggested compromise. Mr. Cowley stated that he would provide revised site sketches to the City Manager. Mrs. Stewart advised that she would agree with Mayor Salamone's recommendation and that overflow parking would be located across the street from the library near the City Hall annex. After a ten- minute break, the meeting was reconvened. PUBLIC HEARINGS: 1. Ordinance No. 20 -94, Amending Section 110 of the Code of Ordinances, by changing r ec uirements for the narking of boats, utility trailers. recreational vehicles, and special purpose vehicles, for second and fmal public hearing. 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 PURPOSES 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; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 20-94 at second and fmal public hearing. Mr. Randels stated that he had a concern regarding the wording he had added at the previous meeting, "commercially registered vehicle ", to item (h), page 3. He explained that the added words would also exclude individuals with pick -ups or cars that were registered commercially City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 4 from parking in their own driveways. Motion by Mr. Randels, seconded by Mr. Berger to delete the words "commercially registered vehicle" from item (h), on page 3 of the ordinance. Mr. Markey suggested adding the following wording to the subject section: "This section shall not be construed to prohibit parking of automobiles, pickup trucks and mini -vans ". Mr. Nicholas suggested that wording could be used to specify commercial vehicles over a certain weight. Motion by Mayor Salamone, seconded by Mr. Berger to add the language provided by Mr. Markey to item (h), page 3 of the ordinance. Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion failed on the first amendment with members voting as follows: Mayor Salamone, Against; Councilmember Berger, Against; Councilmember Nicholas, Against; Councilmember Randels, Against. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 26 -94. Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 1.0 mil for police protection, for second and fmal reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 26 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No. 27 -94. Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services. for second and fmal reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, . SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN I City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 5 CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 27 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Ordinance No. 34-94. Providing for the submission to the electors of the City of Cape Canaveral a proposed amendment to Article XXIV Sec. 8. Nepotism of the City of Cape Canaveral Charter. for second and fmal reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM, OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135, F.S.; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 34-94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No. 35 -94. Amending City's Code of Ordinances. Section 78 -152. Monthly Sewer Rates. to clarify the authority of the City Council to modify sewer rates in amounts other than increases based on the consumer price index. for second and fmal reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 78 -152, MONTHLY SEWER RATES, TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 35 -94 at second and fmal reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Ordinance No. 36 -94. Amending City's Code of Ordinances. by adding a Section to be entitled "Motion and Still Photo ra . h Production Permits" for second and final readin I • City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 6 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES, OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A NEW ARTICLE III, ENTITLED "MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS ", PROVIDING A TITLE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT; PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENTS; PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 36-94 at second and fmal reading. Mr. Berger questioned if the applicants for such permits would have to go through all of the City's normal permitting process. Mr. Boucher stated that Bonnie King, Film Commissioner, of the Space Coast Film Commission would advise any applicants of the procedures and permits required by each City within Brevard County. Mr. Nicholas commented that the penalty clause in Section 16 -65 was not specific. Mr. Boucher stated that the applicable penalty clause was included in the City's Code Book. Mr. Nicholas reiterated that he did not feel that there were enough controls /restrictions within the ordinance. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For NEW BUSINESS: Mayor Salamone changed the order of the items under New Business as necessary. 9. Resolution No. 94-47, Authorizing an agreement with the Brevard County Sheriff's Department to provide municipal police services for FY 94/95. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH a THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger for approval of Resolution No. 94-47. Mr. Boucher explained the changes included in the contract. He stated that Page 13, Paragraph 17, Telecommunications, included a provision to place the City on notice that as of October 1, 1995, the Sheriffs Department would be charging the City for dispatch services. Mr. Boucher stated that he • • • City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 7 objected to the provision since there were two (2) other municipalities that received the same type of service that the City received and that Palm Bay had questioned why three (3) cities received special treatment. Mr. Boucher commented that Cape Canaveral had a separate agreement with the Sheriff's Department and that Palm Bay received their 911 fees for dispatch and that Cape Canaveral's 911 fees went to the County. Mayor Salamone questioned why the provision was included in the contract rather than sent to the City in a letter format. Mr. Curt Jones, Brevard County Sheriff's Dept., stated that it would not be a problem to remove the subject clause from the contract. Mr. Jones stated that some analysis could be completed to identify applicable 911 funds as needed. He stated that .23 cents of the .50 cents charged for 911 services went to Southern Bell in direct support of the 911 equipment and lines; the balance of the funds were spent on capital needs for the cities and for improvements to the overall equipment. Mayor Salamone asked that the letter include figures applicable to the anticipated cost of dispatch services. Mr. Randels addressed his concern regarding the proposed deletion of the following text: "Deputies shall possess a minimum of one year's law enforcement experience prior to assignments to duty within the City ". Commander Vernon Weekley stated that in the early days there were only two (2) deputies working at the precinct and at that time the provision for deputies with more than one year's experience was absolutely necessary. He stated that since 1978, the department had grown from six (6) members to a 17- member department. He explained that he was not proposing transferring all of the recruits to the Cape Canaveral precinct. Mr. Nicholas voiced his objections to the proposal due to the amount of funds paid to the Sheriff's Department for police protection. He stated that the City had agreed to a contract with the Sheriff's Department in order to have the best possible police protection available. Lt. McGee stated that deputies could not leave the Cape Canaveral precinct unless they left the employment of the Sheriff or unless reassigned by the Sheriff after notification to the City Manager. There was further discussion regarding the subject provision in the proposed contract. Mr. Jones explained that there was a cost benefit to having a mixture of people with a mixed amount of tenure and experience. Mayor Salamone questioned if the Sheriff's Department would agree to allow not more one (1) trainee at any given time at the Cape Canaveral precinct. Motion by Mayor Salamone, seconded by Mr. Berger to add language to the contract to provide that the Cape Canaveral precinct would have no more than one (1) trainee at any given time. Mayor Salamone stated that the contract price of $970,570 was lower than the FY 93/94 price of $981,800. Mr. Nicholas questioned the deletion of the crossing guard section in the contract. Mr. Boucher advised that Brevard County's Public Safety Department was responsible for all of the crossing guards throughout the County who were not employed by the individual municipalities. The County provided the necessary crossing guard training and certification. Lt. McGee stated that the deputies would cover the school zones and would cover for the crossing guards if there was a sickness or an emergency situation; but they would not be responsible for actual training of the guards. Motion by Mayor Salamone, seconded by Mr. Randels to amend the contract to delete paragraph 17. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. I City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 8 Motion on the first amendment failed with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against Motion by Mr. Nicholas, seconded by Mr. Randels to amend the contract to add the following text to paragraph 4, page 5: "Deputies shall possess a minimum of one year's law enforcement experience prior to assignments to duty within the City ". Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion failed on the main motion with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against Mayor Salamone asked that the contract be taken back to Sheriff's Department for additional consideration with regard to the requirement that deputies have a minimum of one year's experience prior to being placed in the Cape Canaveral precinct. The item would be placed on the next Council meeting agenda scheduled for October 4, 1994. 11. Discussion & Motion Re: Bid No. 94-03, Tower Boulevard Stabilization Project. Motion by Mayor Salamone, seconded by Mr. Randels to approve Bid No. 94-03. Mr. Boucher explained that the bid had been advertised to stabilize Tower Boulevard and during the bid process Council had changed the scope of the project to pave 340' of Tower Boulevard. He stated that the bids received were in excess of the verbal quotes received previously. Mr. Boucher recommended that Council reject the bid to stabilize the roadway and a new bid would be let to pave the subject roadway section. He advised that he had given Mr. Tezel a schedule for the project and that staff had reviewed the plans and they were awaiting a response from the St. Johns River Water Management District for a permit modification. Mr. Ali Tezel questioned if he could do anything to expedite the permitting process. He offered to contact St. Johns directly. Mayor Salamone stated that staff was expecting approval from St. Johns by October 13, 1994, and she asked Mr. Boucher to contact St. Johns and verify the status of the permit modification. Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas Against City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 9 Councilmember Randels For 1. Discussion & Motion Re: City Attorney selection. Motion by Mayor Salamone, seconded by Mr. Randels to re- advertise for legal services. Mayor Salamone stated that she did not believe that Council had enough of a selection for legal services and she felt that the advertising was not adequate. She stated that she would like to have more firms available for consideration. Mr. Berger stated that there were not many law firms available with municipal experience and he felt that the two (2) firms that applied were qualified. Motion failed with members voting as follows: Mayor Salamone For Councilmember Berger Against Councilmember Nicholas Against Councilmember Randels For Motion by Mr. Nicholas, seconded by Mr. Berger to contract with Mr. Kohn Bennett of the firm of Amari, Theriac & Eisenmenger to provide legal services for the next year. Mayor Salamone stated that Mr. Bennett worked for a firm that had previously worked for the City and the firm had resigned. She stated that she did not have any faith in the firm or the way the City was treated and she did not feel that the firm would be a good choice for the City. Mr. Nicholas stated that Mr. Bennett had been the City Attorney for the Planning & Zoning Board and the Board of Adjustment. Mayor Salamone reiterated her feelings against the firm of Amari, Theriac and stated that Councilmembers had problems with some of the firm's decisions and that their record with the City was not good. She stated that the firm was not in the City's best interests and she would not support the firm. Mr. Berger stated that he had personal experience with the Amari, Theriac firm and felt that they were well qualified. Mrs. Ann Thurm spoke in favor of the firm of Amari, Theriac and she stated that she felt anyone could make a mistake and she did not hold the mistake against the firm. She recommended Mr. Bennett as the City Attorney as she felt he was most cooperative and capable. Mrs. Thurm stated that the firm had resigned under pressure. Motion failed with members voting as follows: Mayor Salamone Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Mr. Randels commented that another motion would probably not pass as well. Motion by Mayor Salamone, seconded by Mr. Berger to re- advertise for legal services. Mr. Boucher stated that the current contract with Reinman, Harrell expired on September 30, 1994, and he would proceed to make provisions to hire Mr. Kancilia or Mr. Markey on a temporary basis. Mayor Salamone stated that Mr. Kancilia had agreed to continue until a lawyer was hired and Mr. Boucher concurred. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Discussion & Motion Re: Route selection for reuse system. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 10 Mr. Boucher gave a brief background on the proposed reuse system. He stated that he needed direction from Council as to which phases of the project were to be completed initially and which alternate route was to be selected for Phase I (main line along A1A or Poinsetta Avenue). Mr. Nicholas questioned how much it would cost to complete the entire reuse system throughout the City and Mr. Gary ReVoir, Hartman & Associates, responded that the full project would cost $2.8 million. There was extensive discussion regarding the following: whether the entire project should be completed collectively or in phases, viability of installing all of the infrastructure for the system at one time, funds available in wastewater reserve accounts, potential to have capacity shortfalls, maintenance expenses for reuse lines that may not be utilized for a number of years, available capacity if the Port builds its own plant and terminates its agreement with the City in the year 2000, and the City's current interlocal agreement with Cocoa Beach for 750,000 gpd of reuse water. Discussion continued regarding whether or not final engineering costs for the entire reuse system were included in the current contract with Hartman & Associates. It was determined that the fmal engineering costs were included within the total estimated $2.8 million cost of the complete project, but Hartman & Associates were not designated as the engineers to complete final engineering work for the entire project. Motion by Mayor Salamone, seconded by Mr. Berger to put in the infrastructure necessary to complete the entire reuse system as presented. Mr. Nicholas stated that the City could extend its contract with Hartman & Associates to provide the engineering and design for the entire reuse system. Mr. Berger commented that the main trunk line would run on the west side of A1A. Mayor Salamone and Mr. Nicholas concurred with the location of the main trunk line if the City was constructing the entire reuse system throughout the City. Mr. Randels stated that the City would be installing a great quantity of pipes with a possibility of only 20% resident participation. Motion carried with members voting as follows: Mayor Salamone For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Motion by Mayor Salamone, seconded by Mr..Berger to approve a dedicated line to Cocoa Beach for the 750,000 gpd, not a lift station. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. ReVoir questioned if Council wanted Hartman & Associates to submit a proposal for fmal engineering services for the City's entire reuse system and Council concurred. 4. Discussion Re: Tourist Development Tax. Item would be added to the next Council workshop meeting agenda. 5. Resolution No. 94-43. Reappointing members to the Code Enforcement Board. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Pa$e 11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT ` BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94-43 with the following members reappointed to the Code Enforcement Board: Mary K. Russell, Walter P. Godfrey, Jr., and James O'Kell with terms to expire on October 1, 1997. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Resolution No. 94-44, Reappointing members to the Library Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94-44 to reappoint J. Tim Grady, Harry Ernst and Anna M. Kelly as regular members of the Library Board and Joanna Atwood as an alternate member of the Library Board with terms to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Resolution No. 94-45, Reappointing members to the Recreation Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94-45 to reappoint Colin Finnigan, Harvey Renshaw and William Schmidt as regular members of the Recreation Board with terms to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Resolution No. 94-46, Reappointing members to the Zoning Board of Adjustment. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; • REAPPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Salamone to adopt Resolution No. 94 -46 to reappoint Marilyn Rigerman and Robert Laws as regular members of the Zoning Board of Adjustment with I City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 12 terms to expire on October 1, 1996. Mr. Markey stated that Council could not reappoint Marilyn Rigerman to the Board under the current nepotism provisions of the City Charter. Mrs. Marilyn Rigerman stated that she believed the current law was in conflict with Florida Statutes and that since it was in conflict it could be set aside and the resolution approved. She explained that the Zoning Board of Adjustment was an important quasi-judicial board and that there was a short supply of experienced members to serve on the Board. Mayor Salamone stated that Council agreed with Mrs. Rigerman, but she would have to follow the City Attorney's opinion on the matter. Mr. Markey stated that the Council would be voting in contrivance of its own law if it voted in favor of the appointment. Mrs. Ann Thurm commented on the Galbraith case decision which allowed that a Councilmember's spouse could serve on boards without any conflict if the spouse abstained on the vote to appoint his/her spouse to a board. She asserted that the City Charter amendment was invalid because it was in conflict with State law. Motion by Mayor Salamone, seconded by Mr. Berger to amend Section 1 of the Resolution to allow that only Robert Laws be reappointed as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion failed on the main motion with members voting as follows: Mayor Salamone Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels Against Mr. Berger asked for more research on the matter from the City Attorney. Mr. Nicholas stated that as of October 1, 1994, the Board would be missing two (2) members and any decision made by the Board required four (4) positive votes. Mrs. Rigerman stated that if the Charter provision was not changed by the referendum that she would challenge the provision and prevail and that the City would end up paying the associated legal costs. She encouraged everyone to vote affirmatively for the Charter referendum in November. Motion by Mayor Salamone, seconded by Mr. Berger to reconsider Resolution No. 94 -46 removing Marilyn Rigerman's name from Section 1 of the Resolution. Motion carried with members voting as follows: Mayor Salamone, for; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone stated that Mr. Laws was reappointed to the Board. She stated that Mrs. Rigerman had served well as a member of the Board and she hoped that she was successful in seeing the referendum approved in November. 10. Resolution No. 94-48, Authorizing an addendum to the agreement for Fire Protection and Emergency Medical Services with the Cape Canaveral Volunteer Fire Department. Inc., for FY 94/95. Item would be added to the next Council workshop meeting agenda. I City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting September 20, 1994 Page 13 12. Discussion & Motion Re: Councilmember vacancy. Mayor Salamone stated that the City had received a Division of Elections opinion and an opposite opinion from the City Attorney regarding the Councilmember vacancy. She explained that Council had decided that it had allowed Mr. Kancilia to request an opinion from the Florida Division of Elections and that it would abide by their decision. Motion by Mayor Salamone, seconded by Mr. Randels to abide by the Division of Elections opinion. Mr. Nicholas asked for clarification on the motion and Mayor Salamone stated that the motion provided that "Council appoints ". Mrs. Thurm stated that similar situations had occurred in 1976, 1979, and 1984 and every time the replacements were appointed and she felt that the laws were very clear. She did not understand why the matter had been questioned and that the City had always followed the Charter and the Election Code. Mr. Markey summarized that Mr. Kancilia's opinion was based upon a Florida Supreme Court case that stated the opposite of the Division of Elections' opinion. Mr. Spike Schryer stated that he was upset about Council's action because the City had notified or solicited that there would be an election for the Councilmember position. Mayor Salamone stated that there was a disclaimer in the notice. Mr. Schryer stated that he felt the City was in the wrong because it was preventing the people from making the choice and he would look further into the matter. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 13. Monthly Activity Reports.. Item would be added to the next Council workshop meeting agenda. 14. City Manager's Report. Mr. Boucher stated that Brevard County would be resurfacing the bikepath along the west side of North Atlantic Avenue within the next month. ADJOURNMENT: There being no further business, the meeting adjourned at 10:04 P.M. Approved this 4th day of October , 1994. one, MAYOR