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HomeMy WebLinkAboutMinutes 04-07-1992 CITY COUNCIL REGULAR MEETING APRIL 7, 1992 A Regular Meeting of the Cape Canaveral City Council was held on April 7 , 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 Joy Salamone. Pledge of allegiance was led by Mayor Salamone. The roll was called by the Deputy City Clerk. Officials present were Mayor, Joy Salamone; Mayor Pro Tem, John Porter; Council Members Andy Kedzierski, and Rocky Randels. Official absent was Ann Thurm. Also present were City Attorney, John Kancilia; City Manager, Edward Spenik; and Deputy City Clerk, Evelyn Hutcherson. Mr. Porter moved to approve the minutes of the Regular Meeting of March 17 , 1992 . Mr. Kedzierski seconded motion. Motion carried unanimously. Mr. Randels moved to approve the minutes of the Special Meeting of March 30, 1992 . Mr. Porter seconded motion. Motion carried unanimously. Mayor Salamone read a Proclamation designating the week of April 26 through May 3 , 1992 , as Soil and Water Stewardship Week. Mayor Salamone read a Proclamation expressing the City's support of keeping the Brevard Campus of the University of Central Florida operational. Mayor Salamone noted that the Proclamation designating the week of April 4 through April 11, 1992 , as Keep Brevard Beautiful Week and April 4 , 1992 , as Trash Bash Day, had been read at the Workshop Meeting, April 2 , 1992 . Mayor Salamone presented Rockwell International with a Community Spirit Award which was accepted by Mr. Lee Solid, General Manager and Vice President. She explained that Rockwell employees had volunteered to work to keep A1A clean through a Department of Transportation Program. She added that Rockwell employees had adopted Capeview Elementary School and through their joint efforts the float entered in the Patriot's Day Parade had won first prize. Mr. Solid introduced Ms. Gail Kuznicki and noted that she had spearheaded these efforts. Mayor Salamone read a Proclamation naming Donald Arabian as the March 1992 Volunteer of the Quarter. Mr. Porter presented him with a plaque. UNFINISHED BUSINESS 1. Interview of Candidates for Planning and Zoning Board Vacancy By City Attorney Attorney Kancilia interviewed Carolynn Swenke Mouat and Steve Roney to fill the vacancy as Second Alternate on the Planning and Zoning Board. Mayor Salamone thanked the candidates for their interest in serving on the Planning and Zoning Board and requested that the appointment be placed on the Workshop Agenda April 16, 1992 , and the Regular Meeting April 21, 1992 . City Council Regular Meeting April 7 , 1992 Page 1 of 6 Pages Mayor Salamone noted that Chief Dave Sargeant was present to discuss Items 6 and 7 under New Business and requested permission to discuss these items at this time. Members of Council concurred. NEW BUSINESS 6. Agreement to Defer Capital and Equipment Purchases in Fire Department in Order to Fund Excess Workers' Compensation Expenses Mr. Porter moved to defer capital and equipment purchases in the Fire Department in order to fund excess Workers' Compensation expenses. Mr. Kedzierski seconded motion. Discussion followed. Chief Sargeant agreed to give up the Cascade System. Vote on the motion was unanimous. 7 . Agreement to Enter Into Amended Contract with Cape Canaveral Volunteer Fire Department for Exclusion of Audit Compliance Mr. Randels moved to enter into an amended contract with the Cape Canaveral Volunteer Fire Department for the exclusion of the audit compliance. Mr. Kedzierski seconded motion. Discussion followed. Mayor Salamone stated that she had been told that the audit was required, but she had learned that it was not required. Attorney Kancilia advised that he would like to research the matter. Discussion followed. Mr. Porter moved to amend the motion subject to verification by the City Attorney that the audit was not necessary. Mr. Randels seconded the amendment. Vote on the motion to amend was unanimous. Vote on the main motion was unanimous. UNFINISHED BUSINESS - Continued 2 . Amendment to Wage and Salary Plan, Personnel Procedures, and Job Descriptions Mr. Porter moved to approve the amendments to the Wage and Salary Plan, Personnel Procedures, and Job Descriptions. Mr. Kedzierski seconded motion. Mr. Randels questioned the two new positions listed at the zero (0) grade level. Mr. Spenik explained that the positions had existed but were never defined. Discussion followed. Vote on the motion was as follows: In favor: Mr. Kedzierski, Mr. Porter and Mayor Salamone; opposed Mr. Randels. Motion carried. 3 . Ordinance No. 2-92 Amending Chapter 351, Personnel Policy to Establish Closed Promotional Vacancies and Open Recruitment; and to Change All References of City Clerk to Personnel Director in Sections 1 through 20 (Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 351, PERSONNEL POLICY, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA, TO ESTABLISH CLOSED PROMOTIONAL VACANCIES AND OPEN RECRUITMENT; AND TO CHANGE ALL REFERENCES OF CITY CLERK TO PERSONNEL DIRECTOR IN SECTIONS 1 THROUGH 20; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Porter moved to approve Ordinance No. 2-92 on Second Reading and Public Hearing. Mr. Kedzierski seconded motion. Discussion Followed. Mr. Randels stated that he thought the promotional vacancies was wise; however, he noted that he still had a problem with changes regarding the City Clerk. City Council Regular Meeting April 7 , 1992 Page 2 of 6 Pages Vote on the motion was as follows: In favor: Mr. Kedzierski, Mr. Porter and Mayor Salamone; opposed Mr. Randels. Ordinance No. 2-92 was approved on second reading. 4 . Review of Engineering Contract with Briley, Wild and Associates Mr. Kancilia stated that the contract with Briley, Wild required sixty (60) days written notice prior to the expiration of their contract which would expire October 1, 1992 . Mayor Salamone moved that Briley, Wild and Associates be notified that the City would not be renewing their contract with the City. Mr. Kedzierski seconded motion. Discussion followed. Mr. Randels spoke against the motion. Mr. Kedzierski, Mr. Porter and Mayor Salamone spoke in favor of the motion. Mr. Wild explained that his firm would like to continue working with the City and would appreciate an opportunity to demonstrate their willingness to work out any problems between now and August. Discussion followed. Mr. Donald Arabian spoke against giving Briley, Wild a second chance citing numerous incidents which had occurred. Mr. Fred Fishback, Citizen, recommended that an attempt be made for a reconciliation. Vote on the motion was as follows: In favor: Mr. Kedzierski, Mr. Porter and Mayor Salamone; opposed Mr. Randels. NEW BUSINESS 1. Proposed Ordinance No. 3-92 Amending and Renaming Chapter 301, Per Diem and Travel Expenses of Public Officers, Employees and Authorized Personnel AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING AND RENAMING CHAPTER 301, FROM "REIMBURSEMENTS" TO "PER DIEM AND TRAVEL EXPENSES OF PUBLIC OFFICERS, EMPLOYEES AND AUTHORIZED PERSONS" ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH' PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Salamone read the title of the Ordinance. Mr. Randels moved for adoption. Mr. Porter seconded motion. Mayor Salamone moved to amend the motion to require a one page written report from persons attending seminars and meetings. Mr. Kedzierski seconded motion. Vote on the motion to amend was unanimous. Vote on the main motion was unanimous. Ordinance No. 3-92 was approved on first reading. 2 . Proposed Ordinance No. 4-92 Amending Section 662 . 01, Concur- rency Management Systems, and Sections 667 . 07 , to Provide for the Participation of the St. John's River Water Management District in Concurrency Evaluation for the Purpose of Evaluat- ing Impact on Wetlands AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 662 . 01 CONCURRENCY MANAGEMENT SYSTEMS, AND SECTION 667 . 07 , TO PROVIDE FOR THE PARTICIPATION OF THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT IN CONCURRENCY EVALUATION FOR THE PURPOSE OF EVALUATING IMPACTS ON WETLANDS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Mayor Salamone read the title of the Ordinance. Mr. Kedzierski moved to approve first reading. Mr. Kedzierski spoke in favor of the motion noting that the St. John's Agency would share in the City Council Regular Meeting April 7, 1992 Page 3 of 6 Pages responsibility of designating wetlands. Discussion followed. Vote on the motion was unanimous. Ordinance No. 4-92 was approved on first reading. 3 . Proposed Ordinance No. 5-92 Revising Chapter 535, Sewer Impact Assessment, Establishing Minimum Sewer Impact Fees To Be Paid By Commercial and Industrial Customers of the Cape Canaveral Wastewater Treatment System AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING CHAPTER 535, SEWER IMPACT ASSESSMENT; ESTABLISHING MINIMUM SEWER IMPACT FEES TO BE PAID BY COMMERCIAL AND INDUSTRIAL CUSTOMERS OF THE CAPE CANAVERAL WASTEWATER TREATMENT SYSTEM; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Salamone read the title of the Ordinance. Mr. Porter moved to approve first reading. Mr. Porter spoke in favor of the motion noting that it was an answer to past problems. Vote on the motion was unanimous. Ordinance No. 5-92 was approved on first reading. 4 . Proposed Ordinance No. 6-92 Amending Chapter 657 to include Section 657 . 10 . Burial of Trash and Natural Cover and Include Section 675 . 19 , Burial of Trash, Rubble, or Other Debris AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADDING SECTION 567 . 10 AND SECTION 657 . 19 TO THE CODE OF ORDINANCES, TO PROHIBIT THE BURYING OF TRASH, RUBBLE, DEBRIS AND NATURAL COVER WITHIN THE CITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING AN EFFECTIVE DATE Mayor Salamone read the title of the Ordinance. Mr. Kedzierski moved to approve first reading. Mr. Randels seconded motion. Vote on the motion was unanimous. Ordinance No. 5-92 was approved on first reading. 5. Resolution No. 92-16 Agreement with Brevard County for 1992 Life Guard Services ($7 , 467) A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMIS- SIONERS, BREVARD COUNTY, FLORIDA, TO PROVIDE LIFEGUARD SERVICE FOR THE CITY OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE DATE Mayor Salamone read the title of the resolution. Mr. Porter moved for the adoption of Resolution No. 91-16. Mr. Kedzierski seconded motion. Mr. Porter noted that Nancy Hanson, Recreation Director, had been instrumental in getting equal services for less money. Vote on the motion was unanimous. 8 . Request City Attorney and Burton Associates to Evaluate and Establish Franchise Service or Special District for Sewer Service with Port Canaveral Authority Mr. Kedzierski moved to authorize the City Attorney and Burton Associates to evaluate the possibility of establishing a franchise service or special district for sewer service for the Canaveral Port Authority. Mr. Porter seconded motion. Mr. Kedzierski and Mr. Randels spoke in favor of the motion. Mayor Salamone confirmed that Council had agreed that this would be under the $3 , 000 limit which the City Manager has the purview to use. Vote on the motion was unanimous. City Council Regular Meeting April 7 , 1992 Page 4 of 6 Pages 9 . Monthly Activity Reports Mr. Randels commented that he appreciated getting all of the reports at one time. Mayor Salamone commented that everyone was working very hard. ADD ON ITEM Mayor Salamone stated that Item 12 under Unfinished Business at the Workshop Meeting , April 2 , 1992 , had been left off of the agenda and has to be placed on the agenda tonight. Port Canaveral Flow Meter Mayor Salamone requested a motion to amend the contract with a change order to McMahon Construction Company for the installation of a new six inch (6") flow meter and meter pit not to exceed $17 , 500. Mr. Randels moved to amend the contract with McMahon Construction Company to install a new six-inch flow meter and meter pit not to exceed $17 , 500. Mr. Kedzierski seconded motion. Mayor Salamone noted that $15, 100 was reimbursable from the Canaveral Port Authority. Vote on the motion was unanimous. DISCUSSION Mr. Spenik noted that the Canaveral Port Authority would hold a Public Hearing Wednesday, April 15, 1992 , at 3 : 00 P.M. at the Port regarding the near shore disposal area. Mr. Porter stated that it was important to understand where the sand berm would be placed and what the impact, if any, would have on Cape Canaveral. He noted that they may be putting the berm in the Cocoa Beach area. Mayor Salamone agreed to attend the hearing if Mr. Porter could not. Mr. Kancilia reported that he had filed his report with Council. Mr. Randels reminded Council of the League of Cities Meeting on Monday, April 13 . Sheriff Miller will be the guest speaker to discuss the proposed one cent sales tax for law enforcement. According to information being distributed supporting the tax, the City of Cape Canaveral would receive $449 , 000. Mr. Porter inquired if the League of Cities would consider passing a similar proclamation supporting the University of Central Florida. Mr. Randels agreed to bring the matter up at the Board meeting Monday night. Mayor Salamone inquired if every City in the County with the exception of Cape Canaveral had a vote on the MPO, would Council be willing to spend legal fee money to fight that issue. She noted that the redistricting would be complete in May or June and that the City may have to fight harder than we originally thought. Mayor Salamone stated that the Planning & Zoning Board had been requested by Council to look at the Ordinances of this City but nothing had been done. She noted that she had given them four specific issues which needed to be addressed -- "Boats" was one of them and the issue has come up again. Discussion followed on what must be done to get the Planning and Zoning Board to address these issues. Mayor requested that "Ordinances to be reviewed" be placed on the next workshop agenda. Mrs. Mary Wheeler, Planning and Zoning Board Member, acknowledged that the Board had been given direction but apparently had not had the initiative to follow up. She inquired if the changes had to be originated by the Planning and Zoning Board? Discussion followed. It was the consensus of Council that the recommended changes be drafted and sent to the Planning and Zoning Board for their comments. City Council Regular Meeting April 7 , 1992 Page 5 of 6 Pages There being no further business, the meeting was adjourned at 9: 35 P.M. Approved this p2/5e day of dpi,,. ( , 1992 . MOL1401 _, L_ �,)ti 0( 5wi , Mayo ) 1 1, Ckty l•pr ` f tr •' iy 4 .•" 4' t t 1 } { i s t t !! f City Council Regular Meeting April 7, 1992 Page 6 of 6 Pages