HomeMy WebLinkAboutMinutes 11-07-1991 Workshop and Regular CITY COUNCIL
COMBINED WORKSHOP AND REGULAR MEETING
NOVEMBER 7, 1991
A Combined Workshop and Regular Meeting of the City Council of
the City of Cape Canaveral, Florida was held on November 7,
1991, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida. The meeting was called to order at 7: 30 P.M. by Mayor
Joy Salamone. Pledge of Allegiance was led by Mayor Salamone.
The roll was called by the City Clerk . Officials present were
Mayor Salamone; Mayor Pro Tem, John Porter; Council Members,
lirAndy Kedzierski and Ann Thurm. Also present were City Manager,
Edward Spenik; City Attorney, Jim Woodman; and, City Clerk, Jan
Leeser. Mr. Randels was not in attendance because he was
attending the Pre-legislative Conference in Tallahassee.
Mr. Porter moved to approve the minutes of the Regular Meeting
of October 15, 1991. Mrs . Thurm seconded motion. Mayor
Salamone requested that the minutes be amended to reflect that
the Council discussed placing pictures of the present and former
Mayors in the City Council Chambers. Motion carried unanimously.
The minutes, as corrected, were approved.
At this time, Attorney Jim Woodman interviewed prospective Board
Members Ivan Marks, Dr. Eldredge and Catherine Barnes. Mayor
Salamone requested that board appointments be placed on the
agenda for consideration at the next Workshop Meeting.
Mr. William Bennix, of 8497 Ridgewood Avenue, addressed Council
at this time and read the following statement :
"It has come to my attention that various members of the
Planning and Zoning Board and the Board of Adjustment are
not making their decisions in accordance with the laws and
Ordinances of the City of Cape Canaveral, but are basing
their decisions on prejudice and personal opinions. I am
calling this to the attention of the City Council and am
requesting that they investigate and take any action
necessary to remedy the situation. Thank you for your
cooperation. "
Mr. Robert Ferguson was not in attendance for his personal
appearance.
Mr. Donald Arabian addressed Council regarding 28 acres of
property located between AlA and the Sewer Plant and requested
authorization to represent the City in exploring the utilization
and acquisition of this property. Discussion followed. Mayor
Salamone moved to authorize Don Arabian to explore the
utilization and acquisition with the principal government
agencies of 28 acres of land fronting on the Banana River that
belongs to the Resolution Trust Corporation and to authorize the
expenditure of up to $500. 00 for incidentals, to be approved by
the City Manager. Mr. Porter seconded motion. Discussion
continued.
Mr. Woodman advised that there were no legal problems involved
with appointing Mr. Arabian to represent the City but suggested
a Resolution be placed on the next Workshop Meeting agenda to
clarify the issue. Vote on the motion was unanimous.
Discussion was held on Mr. Arabian 's request to designate
wetland areas in the City by Ordinance. No action was taken on
this item.
City Council Combined
Workshop and Regular Meeting
November 7, 1991
Page 1 of 6
UNFINISHED BUSINESS
1. Ordinance No. 10-91 Amending Zoning Regulations Regarding
Expiration of Site Plans (Second Reading and Public
Hearing)
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING SECTION 645. 05 SITE PLAN SUBMITTAL AND
REVIEW PROCEDURES; ADDING A SECTION WITH RESPECT TO
EXPIRATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Salamone read the title of the Ordinance. Mrs. Thurm
[No moved for adoption. Mr. Porter seconded motion. Motion carried
unanimously. Ordinance No. 10-91 was adopted on Second Reading.
2. Motion Re: Authorizing Briley, Wild & Associates to Conduct
Preliminary Sewer Rate Study
Mrs. Thurm moved to authorize Briley, Wild & Associates to
conduct the preliminary sewer rate study for the amount of
$1, 500. 00. Mr. Porter seconded motion. Discussion followed.
Vote on the motion was unanimous.
3. Motion Re: Change Order to Bid No. 91-4 Rehab of Gravity
Sewer Main 3A
Mr. Porter moved to approve the change order in the amount of
$51, 290. 00. Mr. Kedzierski seconded motion. City Manager
Spenik advised that the change order was necessary because Lorie
& Associates had previously agreed to pick up this cost when
they were planning to develop Discovery Bay. Discussion
followed. Vote on the motion was unanimous.
4. Motion Re: Authorizing Briley, Wild & Associates to Conduct
Professional and Inspection Services for Rehab of Gravity
Sewer Main 3A and Sewerage System Improvements, Phase IV
Mr. Porter so moved. Mrs . Thurm seconded motion. Discussion
followed. It was pointed out that the total cost for the
services for the Rehab of Gravity Sewer Main 3A was $3, 950. 00,
which would be reimbursable from the Port. It was also noted
that the professional services for Sewerage System Improvements,
Phase IV, had previously been approved by Council. Vote on the
motion was unanimous.
NEW BUSINESS
1. Discussion with Mitch Owens of William R. Hough & Company
Mr. Mitch Owens, Vice-President of William R. Hough & Company,
addressed Council and explained the services that his company
had provided to the City as a financial advisor in the past and
reviewed their proposed agreement. Discussion followed.
This item will be addressed at a future Workshop Meeting.
2. Discussion with Burton & Associates
Mr. Michael Burton, President of Burton & Associates, addressed
Council and reviewed the purposed agreement. Discussion
followed. This item will be discussed at a future Workshop
Meeting.
3. Discussion Re: Consultants Competitive Negotiations Act
Mayor Salamone requested the City Attorney prepare a written
opinion regarding the applicability of the "Consultant 's
City Council Combined
Workshop and Regular Meeting
November 7, 1991
Page 2 of 6
Competitive Negotiation Act" to the services of both Burton and
Associates and Hough & Company.
4. Discussion Re : Invitation for Engineering Services
Mr. Spenik reviewed his proposal to seek a consulting engineer
to review Briley, Wild & Associates report on the Wastewater
Treatment Plant Expansion/Modification and Reclaimed Water Reuse
System Master Plan. He suggested a disclaimer be included to
exclude anyone associated with any of the three entities (City,
Port, and U.S. Air Force) within the last two years . It was the
consensus of Council to include the disclaimer.
Mr. Kedzierski suggested the City explore the possibility of
hiring a City Engineer on staff. Discussion followed.
Mr. Porter moved to advertise for the services of a consulting
engineer. Mr. Kedzierski seconded motion. Mr. Scott Spooner,
of Briley, Wild & Associates, pointed out that the report
presented by his firm was a preliminary report. Discussion
continued.
Vote on the motion was unanimous.
5. Discussion Re : Negotiation on Shuford Mills Property at
Wastewater Treatment Plant
Mr. Spenik advised that the appraisal on the subject property
was $112, 000.00 per acre and that Shuford Mills had offered the
property to the City for the price of $108, 000.00 per acre. Mr.
Spenik further noted that Shuford Mills was requesting a
commitment of five percent of the purchase price, with option to
buy, by December 31, 1991. Discussion followed. It was pointed
out that the City was exploring the possibility of purchasing a
minimum of three, and a maximum of five, acres.
No action was taken on this item.
6. Discussion Re : Infiltration of Water into the Sewer System
Mr. Spenik advised that the City was experiencing problems with
infiltration into various portions of the sewer system. Mr.
Spenik requested that the City request Briley, Wild & Associates
to submit a proposal for preparing the bid specifications for TV
inspection, cleaning and sliplining of certain portions of the
sewer system. Mrs. Thurm so moved. Mr. Porter seconded motion.
Discussion followed. Motion carried unanimously.
7. Discussion Re: Flow Meter at Port Canaveral
Mr. Spenik advised that it was his opinion the flow meter at the
Port needed to be replaced and recommended that the City request
Briley, Wild & Associates submit a proposal for preparing bid
specifications for a replacement. Mrs . Thurm so moved. Mr.
Porter seconded motion. Mr. Spenik noted that he had attempted
to secure funding from the Port for a replacement meter but it
was their opinion that the present meter was adequate.
Discussion followed. Vote on the motion was unanimous.
8. Ordinance No. 11-91 Amending Chapter 535, Sewer Impact
Assessment by Establishing Offsite Sewerage Pumping Charges
(First Reading and Public Hearing)
City Council Combined
Workshop and Regular Meeting
November 7, 1991
Page 3 of 6
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING SECTION 535, SEWER IMPACT ASSESSMENT;
ADDING A SECTION WITH RESPECT TO OFFSITE SEWERAGE PUMPING
CHARGES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Salamone read the title of the Ordinance. Mr. Porter
moved to approve First Reading. Mr. Kedzierski seconded motion.
Discussion followed. Mayor Salamone moved to amend the last
sentence of Item #5 in Section 2 to read: "The person or
entity shall be invoiced by the City of Cape Canaveral for this
service. " Mrs. Thurm seconded motion. Vote on the motion to
amend was unanimous.
Vote on the main motion was unanimous. Ordinance No. 11-91 was
approved on First Reading.
9. Resolution No. 91-49 Re-establishing Minimum Building
Permit Fees and Establishing a Fee for Site Plan Extension
A RESOLUTION RE-ESTABLISHING MINIMUM BUILDING PERMIT FEES
FOR THE CITY OF CAPE CANAVERAL, FLORIDA; ADDING A FEE FOR
SITE PLAN EXTENSIONS; REPEALING ANY PORTION OF RESOLUTION
87-41 IN CONFLICT; PROVIDING AN EFFECTIVE DATE.
Mayor Salamone read the title of the Resolution. Mr. Porter
moved for adoption. Mr. Kedzierski seconded motion. Attorney
Woodman advised that the proposed Resolution would not change
any fees already in place but would establish an additional fee
of $100. 00 for Site Plan Extension.
Vote on the motion was unanimous. Resolution No. 91-49 was
adopted.
10. Resolution No. 91-50 Certifying Results of General Election
(of November 5th)
A RESOLUTION CERTIFYING THE RESULTS OF THE GENERAL ELECTION
OF NOVEMBER 5, 1991; PROVIDING AND EFFECTIVE DATE.
Mayor Salamone read the title of the Resolution. Mr. Porter
moved for adoption. Mrs. Thurm seconded motion. It was pointed
out that the total number of votes received by the candidates
was Leo Nicholas, 497; Joy Salamone, 783. Vote on the motion
was unanimous.
11. Motion Re: Cancelling Workshop Meeting of November 28th
(Thanksgiving) and Combining with Regular Meeting of
December 3rd; and, Cancelling Workshop Meeting of January
2, 1992, and Combining with Regular Meeting of January 7,
1992
Mr. Kedzierski moved to cancel the Workshop Meeting of November
28th and combine it with the Regular Meeting of December 3rd.
Mr. Porter seconded motion. Motion carried unanimously.
Mr. Kedzierski moved to cancel the Workshop Meeting of January
2, 1992 and combine it with the Regular Meeting of January 7,
1992. Mr. Porter seconded motion. Motion carried unanimously.
12. Motion Re: Waiving Ballfield Light Fees
Mayor Salamone noted that a group of parents had established a
free softball clinic for approximately 35 girls, aged 8 to 12,
and they were requesting the light fees at the Little League
City Council Combined
Workshop and Regular Meeting
November 7, 1991
Page 4 of 6
Field be waived. Mayor Salamone so moved. Mr. Kedzierski
seconded motion. Discussion followed. Mr. Spenik advised that
the fees amounted to approximately $2. 00 per week.
Vote on the motion was unanimous.
13. Motion Re: Authorization to Expend Forfeiture Funds
Mr. Spenik requested that the Council authorize the expenditure
of $4, 500.00 from the forfeiture funds for the purpose of
providing security of the lobby area at the Canaveral Precinct
of the Sheriff 's office, and to construct a secured area for the
confiscated items as required by State Statute. Mr. Porter so
moved. Mr. Kedzierski seconded motion. Discussion followed.
Motion carried unanimously.
14. Motion Re: Authorizing City Employee ' s Request for Training
Mr. Porter moved to approve the request for training for
Laboratory Technicians June Clark and Barbara Chase. Mrs. Thurm
seconded motion. Discussion followed. Motion carried
unanimously.
15. Discussion Re: Requiring Council Approval of City
Employee 's Request for Training
Mr. Porter requested that all training requests be approved by
the Department Heads, rather than the City Council . Discussion
followed. Mayor Salamone advised that requiring approval by
City Council was initiated during the budget adoption process
and voiced the opinion that it should remain status quo. Mrs.
Thurm spoke in favor of changing the procedure and suggested it
be addressed during the first budget review.
16. Discussion Re: Directives for Planning and Zoning
Board/Function of Planner
Council Members suggested the following directives be presented
to the Planning and Zoning Board: Amend the Comprehensive Plan
to address the impact of a high speed rail and six-laning of
AlA; clarify the Zoning Ordinance and make it more user
friendly; address rights of government vs . rights of citizens;
define general direction of how the City should grow, commercial
vs. residential, and the granting of special exceptions;
creative methods of land use planning; and, limiting the use of
the Planner at the Planning and Zoning Board meetings.
Discussion followed. The Council Members will attend the
Planning and Zoning Board Meeting on November 13, 1991, to
present their viewpoints.
17. Discussion Re: Hoyman, Dobson & Company Sheriff ' s Contract
Mayor Salamone requested that this item, and all items listed
under the City Manager 's Information/Report on the agenda be
postponed until the next Workshop Meeting.
DISCUSSION
Mr. Spenik advised that the Canaveral Port Authority would be
discussing the sand transfer plant at their meeting on November
12th at 2:00 P.M. He further noted that he was meeting with
representatives of the County regarding the bus service.
Mr. Leo Nicholas noted that the VFW was having a memorial
ceremony at the Veterans Memorial Park on Sunday at 10:00 A.M.
and invited the Mayor and members of Council to attend.
There being no further business, the meeting was adjourned at
10:07 P.M.
City Council Combined
Workshop and Regular Meeting
November 7, 1991
Page 5 of 6
as amended
Approved/this 19th day of November , 1991.
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City Council Combined
Workshop and Regular Meeting
November 7, 1991
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