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HomeMy WebLinkAbout09-19-1995 Regular Meetingr CITY COUNCIL REGULAR MEETING CITY HALL ANNEX TUESDAY September 19, 1995 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Art Berger Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Present Mayor Pro Tem Randels Present Others Present: City Attorney, Kohn Bennett City Clerk/Acting City Manager, Sandra Sims Treasurer, Deborah Haggerty Barker 1. Upon motion by Mayor Pro Tem Randels and seconded by Mr. Berger, the Regular City Council Meeting Minutes of September 5, 1995 were approved with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 2. Upon motion by Mr. Petsos and seconded by Mayor Pro Tem Randels, the Regular City Council Meeting Minutes of September 7, 1995 were approved with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, the Mayor was authorized to execute the FEMA Disaster Relief Funding Agreements as "° subgrantee" and authorizing Deborah Haggerty Barker to serve as agent to execute requests for reimbursement, necessary certifications and other supplementary documentation. 4. Mayor Porter read Resolution No. 95 -34 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REINSTATING BENNETT BOUCHER AS CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to adopt Resolution No. 95 -34, inserting the language provided by Mr. Boucher (Addendum Pages 1 -3). Extensive discussion ensued. r City Council Regular Meeting Minutes September 19, 1995 Page 2 A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to amend Page 2, Section 3 Performance Evaluation, (a) of the addendum provided by Mr. Boucher, inserting "in the month of the anniversary of his employment" which is September, to the end of the first sentence. The amendment was accepted by a 5 -0 vote as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to amend Page 2, Section 3 Performance Evaluation, (b) of the addendum provided by Mr. Boucher, inserting "in the month of September, consistent with the anniversary of Mr. Boucher's employment contract, " which is September, after the word Annually. The amendment was accepted by a 4 -1 vote as follows: Mr. Berger, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to amend Page 2, Section 4 Termination and Severance Pay, (b), the last sentence, shall read," In this event the Employee shall receive payment for all unused vacation and accrued sick leave in accordance with city policy in effect at that time and there shall be no severance pay." The amendment was accepted by a 5 -0 vote as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to amend Page 3, Section 4 Termination and Severance Pay, (f), to read, "Employer agrees to grant Employee paid vacation from September 6, 1995 to October 2, 1995 from the presently existing vacation accrued by Mr. Boucher." The amendment was accepted by a 5 -0 vote as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Petsos and seconded by Mayor Porter to amend Page 1, Section 2 Compensation, (a), to read "Employer agrees to pay Employee for his services rendered pursuant hereto his annual base salary of $45,510, plus a 2.9% increase in installments at the same time as other employees of the Employer are paid until his next annual review. " The amendment was accepted by a 5 -0 vote as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Petsos and seconded by Mr. Berger to amend Page 2, Section 4 Termination and Severance Pay, (b), to read in accordance with City Attorney, Kohn Bennett 's memorandum, ' If the Employee is terminated because of: (1) conviction of a felony, or (2) conviction of an ethics charge, then the Employee shall receive compensation for his unused vacation and sick leave accrued through the termination date in accordance with City Policy then in effect. Employee shall not be entitled to any additional compensation or severance pay." The amendment was accepted by a 5 -0 vote I City Council Regular Meeting Minutes September 19, 1995 Page 3 as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The Main Motion passed 3 -2 with voting as follows: Mr. Berger, Against; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mr. Boucher related that he was not comfortable with Section 4 as presented by City Attorney, Kohn Bennett and requested that he be able to confer with his attorney before accepting or rejecting the offer. Council consensus was to allow Mr. Boucher until the end of the meeting to respond to the offer. • (Item #11 was considered at this time and the meeting dispersed for a break at 8:10 p.m., reconvening at 8:29. For purposes of continuity, Item #4 is shown in this section of the minutes.) Mr. Boucher rejected the City Council offer of reinstatement responding, that he takes exception to the amendment of Section of 4(a) of my agreement and the pay requirements. A motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to reconsider the agreement to reinstate Mr. Boucher. The motion passed 3 -2 with voting as follows: Mr. Berger, Against; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem, For. Mr. Boucher related that he believes he should stand for the Section 4 which he proposed because it is standard in the industry and endorsed by the ICMA, which is in accordance with his attorney's counsel and compounded by the political environment of the City Manager's position. He further stated that the pay offered is unacceptable in that he is due the increase because he was not evaluated in February when a pay increase was due, especially based on his performance as illustrated on the directory in the Council Chambers. Mayor Porter queried if Mr. Boucher would forego the 2.9 % cost of living increase for the $48,500 salary adjustment. Mr. Boucher responded that it would be acceptable. A motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to accept the contract for Mr. Boucher's services to the city amending the compensation to $48,500 with the understanding that the 2.9% cost of living increase in October will not be effective this year and that the language in Section 4 be replaced with the original language. Discussion ensued regarding the intent of the original contract Section 4 proposed by the city referencing ethics charges. City Attorney, Kohn Bennett, explained that the counter proposal offered by Mr. Boucher, in Section 4 demonstrates the only cause as drafted is for conviction of an illegal act involving personal gain. Mr. Bennett suggested changing the clause to "conviction of a felony and conviction of an ethics charge." Mr. Boucher I City Council Regular Meeting Minutes September 19, 1995 Page 4 responded that other city managers in the county have the same language and it is not unreasonable. Mayor Porter beseeched Mr. Boucher to reconsider including the ethics violation in Section 4. Mr. Boucher responded, "Basically, the only thing at issue in Section 4(a) is whether or not you all have the right to terminate me for any purpose, any time for any reason. The only issue in 4(a) is whether or not severance is going to be paid. Yes, severance will be paid. That is a condition of employment. I need to have some security for me and my family, knowing that working on this job is like any other city manager in this country that there is security for me and my family. I feel strongly about that." Mr. Boucher stated that he must adhere to his original language. An amendment to the motion was made by Mayor Porter and seconded by Mr. Petsos to insert conviction of a felony and conviction of an ethics violation (the original Section 4 as proposed by City Attorney, Kohn Bennett). The amendment passed 5 -0 with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion, to accept the contract for Mr. Boucher's services to the city amending the compensation to $48,500 with the understanding that the 2.9 % cost of living increase in October will not be effective this year and that the language in Section 4 be replaced with the original passed 4 -1 with voting as follows: Mr. Berger, For; Mr. Nicholas, Against, Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Nicholas and seconded by Mayor Porter to allow 24 hours for Mr. Boucher to respond to the Council's offer, giving him an opportunity to counsel with his attorney who was unavailable due to his wife's hospitalization. The motion passed 5 -0 with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mr. Boucher relinquished the opportunity to notify the Council later and accepted the contract and position as City Manager as finally proposed. • A motion was made by Mr. Berger and seconded by Mr. Nicholas to consider item 11 be considered out of order and before a break due to Mr. Berger being required to leave the meeting for a short while. The Motion passed 4 -1 with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, Against; and Mayor Pro Tem Randels, For. Mr. Berger left at 8:10 p.m. and returned at 9:00 p.m. 11. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Berger to authorize that the city sewer enterprise fund acquire the necessary building permit fees which is in the amount of $19,653, since it was the understanding at the pre - conference meeting that this expense would be borne by the city and thus, all bids submitted did not include this item. City Attorney, Kohn Bennett, expressed concern "that at the pre -bid conference it was told to the bidders not to worry about bidding the permit fees because the city will end :4) City Council Regular Meeting Minutes September 19, 1995 Page 5 up paying them or waiving them, whatever was told." "At this point, the last action of the Council concerned me a little in that it's going to hurt. we are going to end up paying it and if there is a law suit, I would be afraid that the evidence would be against us because that type conversation whether this Council authorized it or not, by our employees, can be held against us." When asked who authorized waiving the permit fees, Public Works Director, Michael Gluskin, responded, "Nobody authorized it. The statement was made because the question was asked, do we include permit fees within our bid? The statement was made that in our opinion, the city would not want you to pay for those fees because we would be paying them to ourselves in essence. It was also stated at that time that only the City Council had the authority to make that decision, however, labor under the assumption that you will not be paying those fees. That was the statement that was made." Mr. Berger asked the City Attorney if after hearing that statement, would there be a problem in defending that in court. Mr. Bennett responded, "Absolutely, even though it is written otherwise, an outside statement made contemporaneously with the execution of the contract is admissible under the parole evidence rule. We have a problem, that's why I'm saying, if we have an internal problem, that's an internal problem, but this is a problem with Wharton- Smith. Florida Law has a parole evidence that says a written contract is a written contract, no oral representations come in. However, there a little exceptions out there by case law. One is called, if it's made contemporaneously with executing a contract, pre -bid conference is going to fit in that exception because everybody did it." Mayor Pro Tem Randels clarified that his motion requires the city to pay the fees, and is indeed, one hand paying the other but should be an expense borne by the city rather than setting a precedent of waiving fees. The motion passed 4 -1 authorizing that the city sewer enterprise fund acquire the necessary building permit fees which is in the amount of $19,653. Voting was as follows: Mr. Berger, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. Mr. Berger left at this time (8:10 p.m.) 5. Interviews: Hank Lemerise and Constance McKone Mr. Bennett addressed questions first to Mr. Lemerise regarding his interest in serving on the Board of Adjustment. Mr. Bennett asked Mr. Lemerise if there would be a conflict of interest with him serving on the Brevard County Licensing Board, as well as, the Board of Adjustment should a contractor come before him. Mr. Lemerise said no. Mr. Bennett asked if his profession as a heating and air- conditioning contractor would present a conflict of interest with service on the board. Mr. Lemerise said he remove himself in conflict of interest board matters. Mr. Bennett then addressed questions to I r City Council Regular Meeting Minutes September 19, 1995 Page 6 Ms. McKone and also noted that her work in real estate could present a conflict of interest if her listed property was involved in zoning matters. Mr. Nicholas asked if Mr. Lemerise was still a member on the Construction Board of Adjustment and Appeals and if he would need to resign if made a Board of Adjustment members. Mr. Bennett said he would need to resign. Mr. Petsos asked Ms. McKone her view on planning in the City since she also expressed an interest in the Planning and Zoning Board. Ms. McKone expressed that planning was important to help develop the City's future. Mr. Nicholas asked Ms. McKone how strong was her interest in Board of Adjustment versus the Planning and Zoning Board. Ms. McKone stated that her knowledge in real estate would enable her to serve the City in either capacity. Mayor Porter said that appointments will be made at the next Regular Council meeting and thanked the interviewees for attending the meeting. 6. Interviews: Gabriella Cahaley and Bertie Edwards Mr. Bennett addressed questions to Ms. Cahaley regarding her interest in the Commercial Development Board. He asked her to explain how she was involved in the planning and operation of businesses over a twenty year span. Ms. Cahaley explained that her expertise was derived from working in a family business, from consulting work, and from owning her own business. He then asked Ms. Edwards general questions regarding her residency in the City and her line of work. Mayor Porter asked the interviewees how they aspired to help on the Commercial Development Board. Ms. Edwards said that Mayor Porter had encouraged her to help when he attended a Cape Canaveral Association of Businesses meeting and she desired to help continue to promote business in Cape Canaveral. Ms. Cahaley stated her concern that the City was at a developmental breakthrough point with growth in the Port area and she wanted to participate in business development in the City. Council then thanked the interviewees for attending the meeting. 7. Mayor Porter read Resolution No. 95 -35 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos Resolution No. 95 -35 was adopted inserting the name of Ronnie Farmer by a 4 -0 vote with voting as follows: Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. 8. Mayor Porter read Resolution No. 95 -36 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR AND AN ALTERNATE MEMBER TO I City Council Regular Meeting Minutes September 19, 1995 Page 7 TIIE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Upon a motion by Mr. Nicholas and seconded by Mayor Pro Tem Randels Resolution No. 95 -36 was adopted inserting the names Geraldine Vevrek as a regular member and Dr. Richard S. Young as an alternate member by a 4-0 vote with voting as follows: Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 9. Mayor Porter read Resolution No. 95 -37 by title. 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. Upon a motion by Mr. Nicholas and seconded by Mayor Porter Resolution No. 95 -37 was adopted inserting the names Marianne Kulac, Regina Mead and John Datillo as regular members by a 4 -0 vote as follows: Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 10. Mayor Porter read Resolution No. 95 -38 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; VACATING THE WEST TWENTY FIVE (25') PUBLIC UTILITY EASEMENT OF LOT 2, SEA MONICA I, PLAT BOOK 36, PAGE 45, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; REQUIRING THE DEDICATION OF A PUBLIC UTILITY EASEMENT TO THE CITY OF THE WEST FIVE FOOT (5') OF LOT 2 (ALONG RIDGEWOOD AVENUE, INTERSECTING WITH THE EXISTING FIVE FOOT REAR EASEMENT); PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mr. Nicholas and seconded by Mayor Porter Resolution No. 95 -38 was adopted contingent upon a survey depicting the five foot easement being provided; the resolution was adopted by a 4 -0 vote with voting as follows: Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mr. Berger returned at this time (9:00 p.m.). 12. Council consensus was for staff to inform employees of the pending changing insurance coverage before it is implemented. City Clerk, Sandra Sims, stated that an analysis of the two policies will be provided with pay checks on September 26, 1995. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, the Florida League of Cities PPO policy was authorized for a November 1, 1995 effective date by r City Council Regular Meeting Minutes September 19, 1995 Page 8 a 5 -0 vote with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 13. Because the amendment proposed to the City of Cocoa Beach was rejected which required the City of Cape Canaveral to retain ownership of the reuse lines, discussion ensued. Upon a motion by Mayor Porter and seconded by Mr. Nicholas, an amendment to the Interlocal Agreement (Resolution No. 94 -19) was approved for submittal as an Addendum to the Agreement stating that the City of Cocoa Beach will retain ownership of the reuse lines, however, will not tap into the line with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARING 14. Mayor Porter read Ordinance No. 13 -95 by title. AN ORDINANCE OF'1'HE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110 -354, SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, Ordinance No. 13 -95 was adopted 4 -0 at second reading. Voting was as follows: Mr. Berger, Abstained; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mr. Berger abstained from voting due to a potential financial interest and filed form 8B which is attached as an incorporation into the minutes. 15. Mayor Porter read Ordinance No. 24 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE IV, TELEPHONE, OF APPENDIX A, FRANCHISES, BY GRANTING TO BELLSOUTH TELECOMMUNICATIONS, INC., ITS SUCCESSORS AND ASSIGNS, PERMISSION AND THE RIGHT TO US THE PUBLIC ROADS, STREETS, HIGHWAYS, AND RIGHTS OF WAY OF THE CITY TO OPERATE AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY; SETTING FORTH CONDITIONS AND OBLIGATIONS ACCOMPANYING THE GRANT OF SUCH PERMISSION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I City Council Regular Meeting Minutes September 19, 1995 Page 9 Ms. Judy Spencer, Regional Manager of Corporate and External Affairs, Southern Bell, was present to clarify any Telephone Franchise questions. Mayor Pro Tem Randels related that the underground substation which provided additional exchange numbers has been producing the revenue as agreed upon. Further, Ms. Spencer explained that Southern Bell does not anticipate installing transceivers in the near future. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, Ordinance No. 24 -95 was adopted on second reading with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 16. Mayor Porter read Ordinance No. 25 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, ARTICLE II, FIRE PREVENTION CODES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD LIFE SAFETY CODE AND STANDARD FIRE PREVENTION CODE IN SECTIONS 38 -28 AND 38 -30; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Nicholas and seconded by Mayor Pro Tem Randels, Ordinance No. 25 -95, Amending the Fire, Adopting the 1994 editions of the Life Safety Code and the Standard Fire Prevention Codes, was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 17. Mayor Porter read Resolution No. 95 -38 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mr. Nicholas and seconded by Mr. Berger, Resolution No. 95 -38 was adopted 5 -0 with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. 18. Mayor Porter read Resolution No. 95 -39 by title. City Council Regular Meeting Minutes September 19, 1995 Page 10 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 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 FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to adopt Resolution No. 95 -39, inserting dispatch fees on the budget line item under contract services. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Berger to amend the motion to require a notation on the contract referring to the line item budget as an Exhibit. The motion passed 5 -0 with voting as follows: Mr. Berger, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. The main motion passed 4 -1 with voting as follows: Mr. Berger, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. 19. Upon a motion by Mayor Porter and seconded by Mr. Petsos, authorization was given to award Wharton -Smith Bid alternates A and B relating to the wastewater treatment plant expansion in the amount of $1,070,000. The motion passed 5 -0 with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. • Consensus was to approve an $8,000 carry forward of capital improvement project funds for the City Clerk's Department computer procurement into the FY 1995/1996 Budget. ,ADJOURNMENT: 10:35 p.m. Attest: Sandra b. Sims, CMC CITY CLERK