Loading...
HomeMy WebLinkAboutMinutes 12-10-1992 Workshop a , 0 ' - CITY COUNCIL WORKSHOP MEETING _ DECEMBER 10, 1992 A Workshop Meeting of the Cape Canaveral City Council was held on December 10, 1992, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7: 30 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Robert Abbott Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present Acting City Manager Bennett Boucher Present City. Attorney John Kancilia Present Acting Deputy City Clerk Sharon Hoover Present OLD BUSINESS: 1. Discussion Re: Continuing Engineering Services contract with Dyer, Riddle, Mills & Precourt, Inc. Mayor Salamone expressed her appreciation for the changes Dyer, Riddle, Mills & Precourt, Inc. had made to the contract in such a short period of time. Mr. Frazier explained that a meeting had taken place during the previous week with himself, Mr. Boucher, Mr. Morgan, and Mr. Kancilia to review the changes to the agreement which included fixed rates in the residential site plan and development reviews and set burdened rates. Mayor Salamone stated that the rates mentioned were lower than originally quoted. She questioned whether the statement on page seven "anniversary date the 3% index or the index whichever is higher" included only page seven or also exhibit "A" . Mr. Frazier replied the rates included only page seven. Mayor Salamone requested that Page 11 under item 14, second paragraph be changed to read "authorized representative for the city is the City Manager" . Mr. Boucher pointed out that Dyer, Riddle had agreed not to charge ` for mileage to and from their office in Melbourne and if they were reimbursed for any travel outside the City it would be at the citys' rate of $.20 per mile. Agenda this item for Tuesday. NEW\BUSINESS: 1. Interview of prospective Boardmember. Attorney John Kancilia interviewed Ms. Martha Crusey for an appointment to the Library Board. Agenda this item for Tuesday. 2 . Discussion `Re: Building Official's status report on audit recommendations. . Mr. Morgan addressed Council in reference to his November 13th memo regarding the thirteen items mentioned in the audit. Mayor Salamone recommended that the building department ask local contractors to review the procedures for their opinions/comments. Mr. Morgan stated that he would refine the document, mark it as a draft,. and present to selected contractors for their review. Mr. Randels commented favorably on the SBCCI computer program. Mayor Salamone questioned if there was a checklist procedure in place for each requested inspection. Mr. Morgan replied that the computer ran the inspection sheet and after the inspection was completed, it was entered in the computer as inspection complete, reinspection needed, etc. r City of Cape Canaveral, Florida Workshop Meeting - December 10, 1992 Page 2 Mr. Morgan stated that not all operations in the permitting process computerized, some of the operations were com u were completed manually. P overall regarding the viability of the There was discussiong g operations. to the buildingdepartment's p computer system 3 . Discussion Re: Commercial Development Board. Mr. Randels stated that several local business owners had requested establishment of this board for the benefit of area businesses. He commented that one of their goals would be to print a booklet outlining the services and goods available in Cape Canaveral. Mr. Porter stated that another goal of the Board would be to review city ordinances in reference to local businesses. The board would also be active in attracting new businesses to the area. Mr. Fred Fishback stated that there were many businesses in Cape Canaveral whose owners did not live in the City, but he felt they would like to have a voice in business practices within the City. Mr. Fishback stated that there were seven (7) individuals who were interested in forming ,such a board and they were presently searching for two additional individuals. Mayor Salamone stated that the Council would move forward on the item as soon as the names of the recommended individuals were submitted. Mr. Tezel suggested that the city establish an Architectural Review Board. Mayor Salamone asked Mr. Boucher to contact other cities in the County to see if other cities had similar type boards. 4 . Discussion Re: Renewal of agreement with ICMA Retirement ' Trust Corporation - 457 Deferred Compensation Plan. Mr. Boucher advised that this was a renewal of an existing plan. It was a voluntary program with approximately six (6) employees enrolled. Mr. Kancilia stated that he had been advised that the administrative fee was considered high. Mr. Boucher stated that he would review the fees and report the results Tuesday night. Agenda this item for Tuesday. 5. Discussion Re: Resolution No. 92-65, Reappointing members to the Construction Board of Adjustments & Appeals. Mr. Porter stated that the subject members to be reappointed should be apprised of the implications of the newly enacted "nepotism" provision. Mayor Salamone requested that the members be contacted and advised of same. Mr. Randels suggested that in the future all correspondence regarding board appointments should address the issue of relatives on boards or the Council. Mr. Kancilia would draft such a letter. Agenda this item for Tuesday. 6. Discussion Re: Ordinance No. 24-92 , amending Section 641. 37 entitled "Parking and Storage of Certain Vehicles" , for first reading. Mayor Salamone referred to Page 1, Al, item "addressed to the Building Official" . Mayor Salamone stated that this could be a point of confusion. It was decided to change the item to read "addressed to the City Clerk" . Agenda this item for Tuesday. 7 . Discussion Re: Ordinance No. 25-92 , amending Chapter 624 , Flood Damage Prevention, Section 624. 07 entitled "Definitions" , for first reading. Agenda this item for Tuesday. City of Cape Canaveral, Florida Workshop Meeting - December 10, 1992 Page 3 8 . Discussion Re: Retainer agreement with Gray. Harris. Robinson. Kirschenbaum & Peeples re: beach erosion class action suit. Mr. Randels questioned the item that referred to fees that would be due should the City withdraw from the lawsuit. Mr. Kancilia would draft a letter to Gray, Harris, Robinson, Kirschenbaum & Peeples requesting that the issue of payment of fees be withdrawn from the agreement. Mr. Porter stressed that the main reason for joining in the lawsuit was in the interest of obtaining the sand transfer plant. Council concurred that the interest was not in the money aspect to be received, but in saving our beaches. Agenda this item for Tuesday. 9. Discussion Re: Christmas bonuses. Mr. Boucher presented the Christmas bonus package stating that the total would be $3 ,717. 00. Agenda this item for Tuesday. 10. Monthly Activity Reports. Mr. Randels asked for clarification of an item on the Building Department Report concerning permit fees. Mr. Morgan advised that the item was entered in error and had been corrected. 11. City Manager's Report. Mr. Boucher reported that CableVision had advised that there would be a 5% increase in rates effective January 1, 1993 . Mayor Salamone requested that CableVision appear before Council explaining the justification for another rate increase within a six (6) month period. Mr. Boucher reported that notice had been received from EPA advising that the City was in compliance with Administrative Order No. 92-120. Mr. Boucher also reported that the peafowl count in Cape Canaveral was estimated at between 85 and 110. Discussion followed on the pros and cons of having peafowls in residence. Mayor Salamone suggested that a survey be included in the next newsletter regarding whether or not peafowls were considered a problem by the residents. Mr. Abbott asked if the City has ever made an inquiry to the National Wildlife Services for suggestions in controlling the animals. Mayor Salamone requested that Mr. Boucher contact the Wildlife Service. DISCUSSION: Mr. Lamar Russell reported that he had a notification from the Florida State Commission on Ethics that a complaint against Mary Russell, Code Enforcement Board Chairman, had been found legally insufficient and was dismissed without investigation. Mr. Russell stated that the system Mrs. Russell had defended over the years has finally defended her. Mrs. Calvert stated that on October 22, 1992, Mr. Robert Abbott filed Ethics changes against her regarding dismissal of Ed Spenik. She reported that the complaint had been dismissed for failure to constitute a legally sufficient complaint. Mrs. Calvert stated that she felt the complaint was filed as a deliberate attempt to discredit her and felt it was a waste of time for all concerned. Mr. Tezel asked Mr. Abbott to explain the article in the newspaper that quoted him as saying it would be an interesting year. Mr. Abbott explained his stand on Constitutional rights. Mr. Tezel stated that he had dealt with City employees and City board members O Q in the past few years and had found them to be efficient and City of Cape Canaveral, Florida Workshop Meeting - December 10, 1992 Page 4 ethical. Mr. Tezel expressed concern that Mr. Abbott had filed a P lawsuit against the City instead of working within the system.stem. Mr. Tezel questioned Mr. Abbott if he, as a Federal Government employee, could sue the U.S. Government. Mr. Abbott explained that and individual could sue the Federal Government if the issue in question occurred before his/her employment or if the issue was outside his/her area of employment. Mr. Tezel asked Mr. Abbott if his intentions had been to sue the City before he ran for City Council. Mr. Abbott replied that it had not been his intention to sue, that he had felt the problem would be resolved prior to his election. Further comments were made by Mr. Tezel relative to the lawsuit. Mr. Tezel summed up his statements saying that he was very disturbed by the disruption in the City and Mr. Abbott presented an organization chart of the City which reflected that the City Council was ultimately responsible for the actions of all the departments of the City. Mayor Salamone, Mr. Porter and Mrs. Calvert expressed their concerns regarding the lawsuit and Mr. Abbott's actions. Mayor Salamone expressed her anger that ethics violations had been filed against persons who had voluntarily served on City boards - the rights of which were outlined in the City Charter. Mrs. Calvert stated that the ethics of the City Council had never been questioned before Mr. Abbott took office. Mr. Abbott replied that there had been a number articles in the Florida Today newspaper regarding various questionable conduct issues, not by Council Members but by individuals within the City. Mr. Lamar Russell, Chairman of Planning & Zoning Board, stated that many other avenues were available to individuals to settle any disputes with the City. He proceeded to give examples of such remedies. Mr. Russell stated that all avenues had not been pursued before Mr. Abbott took legal action. Mr. Porter expressed his regrets concerning the turmoil the City had gone through and stated that he had hoped that after the election the Council would be able to put aside all differences and work together. He stated that he felt that Mr. Abbott had been misguided by special interest groups. Mr. Abbott stated that he respected Mr. Porter's opinion, but disagreed with his statement. Mr. Tezel explained that he was not a member of any special interest group. He stated that his only concern was for the City and that he felt teamwork was very important for the City to be successful. Mr. Abbott agreed that teamwork was important to be able to do the work necessary in the City. He stated that he was dedicated to reform and also felt that it was important that the City work as a team in order to accomplish all the tasks necessary in the future. Mr. Tezel called upon Mr. Abbott to dismiss the lawsuit and go forward in a positive way for the best interest of the City. Mr. Abbott stated that he understood Mr. Tezel's statement and asked if he could talk with him personally. Mr. Tezel replied that Mr. Abbott's problems were with his peers, not with him. Mr. Leo Nicholas announced that there would be a Christmas party for the children at the Cape Canaveral Library, Saturday, December 12th at 1: 00 P.M. o 0 City of Cape Canaveral, Florida Workshop Meeting - December 10, 1992 Page 5 There being no further business, the meeting adjourned at 9 : 30 P.M. • Sharon A. Hoover Acting Deputy City Clerk