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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. EI (). , d /- _ ... . , ;G;M . dor/ r • G r r „e. /1-14, AIL/ ity.../41/,: C erk tio I: City Council Combined Workshop and Regular Meeting November 7, 1991 Page 6 of 6