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Home My WebLink AboutMinutes 06-02-1987CITY COUNCIL REGULAR MEETING JUNE 2, 1987 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON JUNE 2, 1987, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR PATRICK LEE. INVOCATION WAS LED BY MR. MURPHY WHICH WAS FOLLOWED BY THE PLEDGE OF ALLEGIANCE. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR PATRICK LEE, COUNCIL MEMBERS ROBERT HOOD, JEFF KIDD AND JOHN MURPHY. ALSO PRESENT WERE CITY MANAGER LEO NICHOLAS, CITY ATTORNEY JIM THERIAC AND CITY CLERK JAN LESSER. MR. MARCHETTI WAS OUT-OF-TOWN. MR. MURPHY MOVED TO FOREGO THE READING OF THE MINUTES OF THE REGULAR MEETING OF MAY 19, 1987. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. AT THE REQUEST OF CITY ATTORNEY THERIAC, THE COUNCIL ELECTED TO HEAR ITEM 4 UNDER NEW BUSINESS AT THIS TIME% ITEM 4. DISCUSSION REt SETTLEMENT WITH ARTIE GUNN MAYOR LEE READ A PROPOSED STATEMENT OUTLINING TERMS OF A NEGOTIATED SETTLEMENT WITH FORMER BUILDING OFFICIAL ARTIS GUNN. SAID STATEMENT IS ATTACHED TO THESE MINUTES AND MADE A PART HEREOF BY REFERENCE. MR. THERIAC EXPLAINED THAT IT HAD BEEN BROUGHT TO HIS ATTENTION THAT THE CITY'S INSURANCE MAY PROVIDE COVERAGE FOR THIS TYPE OF INCIDENT. HE ASKED COUNCIL TO CONSIDER POSTPONING THIS ITEM UNTIL THE INSURANCE COMPANY HAD TIME TO REVIEW THE CASE AND DETERMINE IF THEY WOULD PAY THE SETTLEMENT. .THE INSURANCE COMPANY HAD INDICATED THE DETERMINATION WOULD BE MADE IMMEDIATELY, UPON REVIEW OF THE RECORDS. DISCUSSION WAS HELD ON HOLDING A SPECIAL MEETING PRIOR TO THE WORKSHOP MEETING ON JUNE 11TH TO CONSIDER THIS ITEM. CITY COUNCIL REGULAR MEETING 'JUNE 2, 1987 PAGE 1 OF 4 MR. KIDD MOVED TO POSTPONE THIS ITEM UNTIL THE INSURANCE COMPANY REVIEWED THE CASE. MR. MURPHY SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS, WITH MR. MURPHY ABSTAINING. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 17-87 AMENDING CHAPTER 535, BY ESTABLISHING ADDITIONAL CRITERIA FOR CALCULATING THE MODIFYING SEWEA IMPACT FEES AND ALLOWING FOR FINANCING OF FEES (SECOND READING AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 535, SEWER IMPACT ASSESSMENT, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ESTABLISHING ADDITIONAL CRITERIA FOR CALCULATING AND MODIFYING IMPACT FEES; .ALLOWING FOR FINANCING OF IMPACT .FEES) REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.' MR. MURPHY MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. MAYOR LEE EXPLAINED THAT A MEETING HAD BEEN SCHEDULED WITH MR. LAMBERT OF SOUTHERN SEAFOODS. AND SUGGESTED THAT THIS ITEM BE POSTPONED UNTIL AFTER THAT MEETING. MR. MURPHY MOVED TO POSTPONE. THIS ITEM UNTIL THE NEXT MEETING. MR. KIDD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE N0. 1B-87 AMENDING CHAPTER 205 BY ADOPTING NEW PURCHASING PROCEDURE MANUAL (SECOND READING AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE ASFOLLOWS% AN ORDINANCE AMENDING CHAPTER 205, PURCHASING PROCEDURES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REPEALING THE CHAPTER IN ITS ENTIRETY AND REPLACING WITH A NEW CHAPTER; ADOPTING A PURCHASING PROCEDURE MANUAL; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. HOOG MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 3. MOTION RE: AWARD OF BID NO. 87-3, DRAINAGE STUDY ON COLUMBIA DRIVE (POSTPONED 5-19) MR. KIDD MOVED TO REJECT ALL BIDS. MR. MURPHY SECONDED MOTION. MR. THERIAC NOTED THAT THERE WAS NO. LEGAL PROBLEM IN REJECTING ALL BIDS AND AWARDING THE WORK TO THE CITY'S CONSULTING CITY COUNCIL REGUAR MEETING JUNE 2, 1987 PAGE 2 OF 4 ENGINEERS, BRILEY, WILD & ASSOCIATES. MR. HOOG REQUESTED THAT IN THE FUTURE BRILEY, WILD & ASSOCIATES BE REQUIRED TO BID ON ALL PROJECTS IN THE SAME MANNER AS OTHER FIRMS. MR. THERIAC EXPLAINED THAT THE CITY MAY NEED TO ADDRESS THEIR CONTRACT WITH BRILEY, WILD & ASSOCIATES. MR. NICHOLAS NOTED REPRESENTATIVES FROM BRILEY, WILD & ASSOCIATES WILL BE IN ATTENDANCE AT A FUTURE WORKSHOP MEETING TO DISCUSS THEIR CONTRACT. ' VOTE ON THE MOTION WAS UNANIMOUS. ALL BIDS WERE REJECTED. NEW BUSINESS ITEM 1. RESOLUTION N0. 87-34 AMENDING AGREEMENT WITH CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT REGARDING HIRING OF TWO EMT'S MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO .AMEND THE AGREEMENT WITH THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO AUTHORIZE THE HIRING OF TWO EMT -S; PROVIDING AN EFFECTIVE DATE. MR. MOOG MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. FINANCE DIRECTOR, BENNETT BOUCHER, GAVE A SUMMARY OF THE ESTIMATED COSTS. FOR THE TWO EMT'S. BASED ON AN ANNUAL SALARY OF $16,000, THE PROJECTED ANNUAL COST WOULD BE $47,000, INCLUDING BENEFITS.THE COST FOR THE REMAINDER OF THE CURRENT CONTRACT, WHICH EXPIRES SEPTEMBER 30, 1987, WOULD BE $11,070. VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION No. 87-34 WAS ADOPTED. ITEM 2. MOTION RE: ENDING CONTRACT WITH JOHN TESTON FOR SECURITY TRAIAMLER AT WASTEWATER TREATMENT PLANT MR. MURPHY MOVED TO AMEND THE CONTRACT TO EXCLUDE WATER AND SEWER UTILITY CHARGES.. MR. KIDD SECONDED MOTION. DISCUSSION WAS ' HELD ON WHETHER OR NOT THE CITY SHOULD PAY FOR THE COST OF ELECTRICITY. IT WAS THE CONSENSUS OF THE COUNCIL THAT MR. TESTON SHOULD BE RESPONSIBLE FOR HIS OWN ELECTRIC BILL. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 3. MOTION RE: AUTHORIZATION TO BID FOR AIR CONDITIONER FOR CITY HALL ANNEX MR. KIDD SO MOVED. MR. HOOG SECONDED MOTION. IT WAS NOTED THAT THE BID SPECS WOULD INCLUDE REPLACING THE ENTIRE CONDENSING UNIT. VOTE ON THE MOTION WAS UNANIMOUS. CITY COUNCIL REGULAR MEETING JUNE 2, 1987 PAGE 3 OF 4 ITEM 4. DISCUSSION RE: SETTLEMENT WITH ARTIS GUNN THIS ITEM WAS ADDRESSED EARLIER IN THE MEETING. THERE. BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:07 P.M. APPROVED THIS 16th DAY OF June , 1987. MAYOR PRO TEM ATTEST: TY CLERK • r CITY COUNCIL REGULAR MEET= JUNE 2, 1987 PAGE 4 OF 4 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC O"FICERS A\II.-IINS NA\II- IUUI : NA\It A\ILIlilIIIIANI4(UN [L— , - /� II.l6\INUSSIUN. AUl110NI1Y. UN(0-111 ILL UN w'nu'u 1 sl 1i(4UN once or: -c 1 �� t� 11' UUNII 1.11 IlN'AL-Lnt'Y )'III" t'(IIINII SI �� Z 2, 1 NAYI��IIIIiII'A)./11//aaAmYISI(1UN.//(AI '. ,I ✓1 ` ✓fir K"t'wt( IMI 1 Iv Ill'll \(1I' (N'I UMN 1 \ xIY lY15111 NI;. / 1:1 l.tllv'1 AeIY)Iry I1Vt WHO MUST FILE FORM BB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who arc presented with a voting confect of interest under Section 112.7147, Florida Statutes. The requirements of this law are mandatory; although the use or this particular form is not required by low, you arc encouraged to use It in making the disclosure required by lax'. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public affrce MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he Is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating la the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and riling this form with the person responsible for mording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited front knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter In which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to Influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes or the meeting, who will incorporate the form In the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKj NO ATTEMPT TO INFLUENCE THC DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before Participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST hereby disclose that on - I Z 19�: (a) A measure came or wlll come before my agency which (check one) — inured to my special private gain: or _ Inured to the special gain of , by whom I am retained. (b) The measure before my agency and ndd the nature of my interest in The measure is as � follows: o /��/, NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,800. i1lt�il�s June 2, 1987. A conflict has arisen between the City Administration and the Building Official, Artis Gunn, regarding a Complaint filed by Mr. Gunn with the Department of Professional Regulation. The City Administration believes the Complaint exposed the City to a'risk of 'liability and therefore, acted to demote Mr. Gunn to Building Inspector. Mr. Gunn believes filing the Complaint was appropriate, that the Administration has attempted to demote him without cause, and that, his position is protected by law. Both parties recognize the expense involved in litigating the issued. To resolve the conflict, the parties have agreed to the followings' 1. The city will reinstate Mr. Gunn as Building Official 2. Mr. Gunn will tender his resignation from that position 3. The City will pay Mr. Gunn $7,500 in severance. pay, plus whatever normal benefits result from resignation 4. Each party will execute a release for the other ` ATVJ324M TO M]D&n B OF CITY COUNCIL RE3JWi MEETING JUNE 2, 1987