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HomeMy WebLinkAboutMinutes 06-16-1992 CITY COUNCIL REGULAR MEETING June 16, 1992 A Regular Meeting of the Cape Canaveral City Council was held on June 16, 1992, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 :32 P.M. by Mayor Pro Tem Porter. Pledge of Allegiance was led by Mayor Pro Tem Porter. ROLL CALL: tr Mayor Joy Salamone Present (Late) Mayor Pro Tem John Porter Present Councilmember Andy Kedzierski Present Councilmember Rocky Randels Present Councilmember Ann Thurm Present City Manager Edward Spenik Present Assistant City Attorney Kevin Markey Present City Clerk Faith Miller Present ADOPTION OF MINUTES: Motion by Mr. Kedzierski , seconded by Mr. Randels to approve the minutes of the Regular Meeting of June 2, 1992 as presented. Mrs. Thurm stated that a correction was needed on page 1, first paragraph under Presentation, the wording "the City' s Engineer" needed to be changed to read "Mr. Dan Click of Post, Buckley, Schuh & Jernigan, Inc. " . Motion by Mrs. Thurm, seconded by Mr. Randels to amend the minutes of June 2, 1992 as recommended. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels , For; Councilwoman Thurm, For. Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. NEW BUSINESS : 1. Motion Re : Contract agreement with Burton & Associates, Financial Advisor, Sewer Plant Expansion. Motion by Mr. Kedzierski, seconded by Mrs. Thurm to approve the contract agreement with Burton & Associates for the purpose of providing financial advice on the sewer plant expansion with the contract as recently amended by the City Attorney to provide for thirty ( 30) days expiration and with all office services included within the hourly rate. Mr. Randels questioned several items regarding the contract including whether or not portal to portal charges would be passed on to the City at a rate of $125.00 per hour. Discussion followed. Motion by Mr. Kedzierski , seconded by Mrs. Thurm to amend the motion to provide that the contract was dependent upon there not being included portal to portal charges for travel outside of Brevard County. Motion carried on the amendment with members voting as follows: Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. There was further discussion regarding the contract and whether or not there should be a cap on expenditures for use of the financial advisor. Mayor Salamone arrived at the meeting at this time. Mayor Salamone stated that this contract provided the hourly rates charged by the firm and that approval of contracting for specific services would be presented to Council. The main motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 1992 Page 2 2. Motion Re : Western Waste, Inc. , Green Waste additional pickup/contractual services. Motion by Mr. Randels, seconded by Mr. Porter to adopt the proposed option number one with Western Waste. Mr. Randels spoke in favor of the proposed contract option. He stated that the rate would (V remain constant for the next two ( 2) years and the consumer price index increase would resume in 1994/95 and the option excluded areas that required special consideration and further negotiations (Atlantic Gardens, Holman Road) . Discussion followed. Mayor Salamone questioned if Western Waste would agree to a three ( 3) year current rate if the contract was extended for five ( 5) years. Mr. Bob Hyres, Division Manager, stated that he did not have the authority to make such a decision and he would need to contact his corporate offices. A ten-minute break was taken atthis time. Mr. Hyres stated that Western Waste would agree to a fixed three ( 3) year current rate for the residential customers with a fixed two ( 2) year current rate for commercial customers. Motion by Mayor Salamone, seconded by Mr. Kedzierski to amend the contract to provide for a fixed rate for three ( 3) years for residential customers and a fixed rate for two ( 2) years for commercial customers. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. The main motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels , For; Councilwoman Thurm, For. 3. Motion Re: Recodification of the City's Code of Ordinances, Land Development Regulations, and Zoning Regulations by Municipal Code Corporation. Motion by Mr. Porter, seconded by Mr. Kedzierski to authorize Municipal Code Corporation to recodify the City 's Code of Ordinances, Land Development Regulations and Zoning Regulations. Mr. Porter and Mr. Kedzierski spoke in favor of the motion. Mrs. Filkins advised that Mr. Tony Rokowski updated the Code of Ordinances in 1974. Discussion followed. Mrs. Thurm suggested placing the Land Development and Zoning Regulations in one book and the City Charter and Code of Ordinances in a separate book. Mr. Randels stated that he felt a one-column page format was easier to read. Mr. Hans Saurenmann spoke in favor of a general overall review of all City ordinances. Mr. Porter requested that the Code be simplified and made more understandable for the general public. Mr. Leo Nicholas questioned whether the book would be bound or in a looseleaf binder. Mr. Randels stated that it would be in looseleaf format to allow for the insertion of supplements in the future. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. 4. Motion Re: Request for transfer $4,500 - from contingency fund for internal audit. Motion by Mr. Kedzierski , seconded by Mr. Porter to request the transfer of $4, 500 from the contingency fund for an internal audit. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 1992 Page 3 Mrs. Thurm questioned the purpose of the audit and what was expected to be found. Mayor Salamone explained that the City needed to be in compliance with the 1989 audit and that the City did not have a checks and balances system. She stated that the auditors only audit about 3% of the actual transactions of the City. She spoke in favor of the audit and stated that it was a long term goal to audit each department. Mrs. Thurm suggested 10 using the $4, 500 to hire someone temporarily to input the data necessary to implement the Building Department ' s computer program. Mr. Porter stated that both problems needed to be addressed. He felt that the audit was needed to initiate a checks and balance system and to install the computer system. Mr. Randels did not feel that the in-depth audit of the Building Department was needed. Mr. Kedzierski felt that the audit was necessary to ensure that all departments were running accurately and to implement a checks and balances system as soon as possible. Mr. Hans Saurenmann stated that he felt it was Council 's responsibility to establish a checks and balances system and he was in favor of the expenditure. Mr. Spenik explained what the internal audit process would accomplish. Mr. Porter moved to amend the main motion to allocate $2,500 of the total $4,500 to the internal audit of the Building Department and the remaining $2,000 be used to carry out the recommendations that were made by the audit to tighten up the system to put the check and balances system in place. Mr. Randels seconded the motion. Discussion followed. Mr. Porter stated that it was not only installing the software that would cost a significant amount, but the time and effort needed to input the data on each and every parcel of land within the City. Mr. Spenik stated that the idea for the audit came from him as part of his responsibility as an administrator and he read a statement to the council relative to governmental accounting and reporting capabilities. He explained that it was not unusual to have each department audited. Mr. Morgan stated that he welcomed the audit and he felt that there was a checks and balances system in place. He stated that the Finance Director did review Building Department transactions. Dr. Charles Pindziak spoke against the internal audit and explained his reasons for same. Mayor Salamone stated that she had asked the City Manager several questions regarding sewer impact fees and her questions led to the audit. She spoke further in favor of the internal accounting audit. Mayor Salamone suggested that Mr. Porter change his amendment to read that the City would audit the Building Department and any funds left in the contingency of $4, 500 would go toward implementing any recommended changes and any more needed would be taken out of the contingency fund this fiscal year. Mr. Porter stated he would take the amendment as a friendly amendment to his amendment. Mr. Randels agreed to the amendment. Mayor Salamone stated that the amendment had been rearranged to read as follows: Of the $4,500, if the audit did not cost $4, 500, the City would expend whatever excess was left and whatever was needed in the contingency fund that currently existed to fix any things that were needed for checks and balances in the Building Department for this year in hopes that this would create a system that would continue in the next budget years for the other City of Cape Canaveral, Florida Regular City Council Meeting June 16, 1992 Page 4 departments including the SBCCI computer program. Motion on the amendment carried with members voting as follows : Mayor Salamone For Mayor Pro Tem Porter For Councilman Kedzierski For Councilman Randels For Councilwoman Thurm Against (ro Motion by Mr. Porter, seconded by Mr. Randels to amend the motion to allow up to $4, 500 more in addition to the $4, 500 to be used for the internal audit, allowing a cap of $9,000, to fix whatever problems were uncovered by the internal audit. Motion on the amendment carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilman Kedzierski For Councilman Randels For Councilwoman Thurm Against Motion carried on the main motion with members voting as follows: Mayor Salamone For Mayor Pro Tem For Councilman Kedzierski For Councilman Randels For Councilwoman Thurm Against 5. Motion Re: Compliance review conducted by the State of Florida, Department of Community Affairs, Chapter 624, Cape Canaveral Code of Ordinances. Motion by Mr. Randels, seconded by Mr. Kedzierski to approve the proposed changes as recommended to Chapter 624. Motion failed with no vote being taken. Mayor Salamone suggested tabling the ordinance until the next meeting for further discussion. Motion by Mrs. Thurm, seconded by Mr. Kedzierski to table the item until the next meeting. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. tir6. Motion Re: Resolution No. 92-27, authorizing the City' s Purchasing Agent to become a member of the Six County Cooperative Purchasing Association (SICOP) . Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AUTHORIZING THE CITY'S PURCHASING AGENT TO BECOME A MEMBER OF THE SIX COUNTY COOPERATIVE PURCHASING ASSOCIATION (SICOP) ; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Kedzierski to adopt Resolution No. 92-27. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. City of Cape Canaveral, Florida Regular City Council Meeting June 16, 1992 Page 5 OTHER COUNCIL BUSINESS: 1 . Mayor Salamone stated that the City would still be in financial constraints due to reduced funds from the gas tax, cigarette tax, and state revenue sharing monies. She stated that she was requesting department heads to hold their budgets to the previous year's budget. (00 2. Mayor Salamone spoke briefly on the Adams Street dune crossover problem. She asked if signs prohibiting alcoholic beverages would be installed at the crossovers. Mr. Spenik stated that staff was looking at placing a large sign which included all the restrictions rather than having several signs at each dune crossover. 3. Mr. Randels spoke briefly regarding the communications restrictions recently imposed on elected officials and their constituents in reference to the Jennings vs . Dade County court decision. Council concurred to schedule the item for further discussion on the next workshop agenda. 4. Mr. Randels spoke regarding the Florida League 's Task Force and the City Innovations publication. He also mentioned an Institute for Elected Municipal Officials scheduled for October. He distributed information to Council relative to information received from the Florida League of Cities regarding employment discrimination and wrongful termination. 5. Mrs. Thurm stated that she felt the City should draft an ordinance to require at least two employees at night in convenience stores. Mr. Spenik stated two seminars regarding convenience store security were being conducted by the Attorney General 's Office. The first class was filled, but the City was planning to send two ( 2) representatives to the second class in July. Council concurred to discuss convenience store security after the seminar. 6. Mrs. Thurm questioned the status of the proposed taxicab ordinance. Council asked to receive a copy of the County's 1990 taxicab ordinance. 7. Mayor Salamone stated that a South Brevard Chapter organizational meeting of the Florida Shore and Beach Preservation Association was scheduled for June 18th at the Indialantic Town Hall Chamber meeting room at 1 :00 P.M. She stated that she would be able to attend the meeting. ADJOURNMENT: (W There being no further business, the meeting adjourned at 9 : 58 P.M. Approved this 7th day of July , 1992. Jo C Sa amone, MAYOR ATTEST:.=-1::/3:41116 (c1 Faith G. Miller, I CLERK