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HomeMy WebLinkAboutMinutes 09-15-1992 CITY COUNCIL REGULAR MEETING September 15, 1992 A Regular Meeting of the Cape Canaveral City Council was held on September 15, 1992 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 05 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember (Position Vacant) Councilmember Rocky Randels Present Councilmember Ann Thurm Present City Manager Edward Spenik Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: Motion by Mr. Porter, seconded by Mrs. Thurm to approve the minutes of the Regular Meeting of September 1, 1992 , as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Randels, For; Councilwoman Thurm, For. Motion by Mr. Porter, seconded by Mrs. Thurm to approve the minutes of the Special Meeting of September 3 , 1992 and the Special Budget Meeting of September 3 , 1992 . Mr. Randels commented on the factual quality of the minutes. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Randels, For; Councilwoman Thurm, For. PUBLIC HEARINGS: 1. Ordinance No. 16-92 , amending the City of Cape Canaveral Code of Ordinances providing for implementation of a Drug Free Workplace Policy, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING CHAPTER 352 , "DRUG FREE WORKPLACE" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, TO PROVIDE FOR THE IMPLEMENTATION OF A DRUG FREE WORKPLACE POLICY; PROVIDING INTERPRETATIONS REGARDING GENDER; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to approve Ordinance No. 16-92 at its second and final reading. Mr. Randels spoke in favor of the ordinance and explained his reasons for same. Mr. Kancilia advised that an amendment was needed to change the title of Section 1 to read "Chapter 352 of the Code of Ordinances of the City of Cape Canaveral is hereby enacted as follows" and that the section number for the section entitled "Findings" be changed to "Section 352 . 001" . Motion by Mr. Porter, seconded by Mrs. Thurm to approve the amendment as stated by Mr. Kancilia. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Randels, For; Councilwoman Thurm, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Randels, For; Councilwoman Thurm, For. City of Cape Canaveral, Florida Regular City Council Meeting September 15, 1992 Page 2 BUSINESS: 1. Discussion Re: Clarification of Kickboxing Event (Cape Sierra) . Mayor Salamone stated that Council had not previously received the letter from Quality Kick Productions regarding the Kickboxing Event. She stated that she wanted to make Council aware of all of the requests for the event. Mr. Randels questioned whether or not a second day's insurance coverage was purchased by the promoters and Mr. Kancilia would check on same. 2 . Discussion & Motion Re: Award of Bid No. 92-03 , Lot Mowing. Mr. Spenik explained that the low bid was submitted by Titusville Mowing. The Public Works Department reviewed the specifications, conducted field investigations, and recommended that the bid be awarded to Titusville Mowing. Motion by Mr. Randels, seconded by Mrs. Thurm to approve Bid No. 92-03 , Lot Mowing, and award it to the successful bidder of Titusville Mowing. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Randels, For; Councilwoman Thurm, For. Mayor Salamone moved Item No. 17 to this portion of the agenda for discussion. 17 . Discussion Re: Beautification Projects (Rocky Randels) . Mr. Randels addressed his concerns regarding the use of Beautification funds for special beautification projects. Mr. Kancilia advised that "beautification projects" was not clearly defined and without a clear definition it was Council's responsibility to determine same. Mayor Salamone stated that suggested purposes of the beautification expenditures included maintenance of public areas. Mr. Randels stated that there was no money in the proposed budget for beautification projects and he explained the concerns of the Beautification Board. Mayor Salamone stated that there was a large contingency in the Beautification budget and the tax had been decreased. She stated that the money would be saved for larger projects. Mr. Porter stated that the Beautification Board could research ways to reduce maintenance costs. 3 . Discussion & Motion Re: Award of Bid No. 92-04 , Landscape Maintenance of City-Owned Properties. Mr. Spenik explained the categories involved in the bid, the term of the contract, and reviewed the comparison of the bidders for each category. City staff recommended that Category One, Mowing Operations & Hedge Trimming, be awarded to Nick's Lawn Service in the amount of $50, 895; Category Two, Fertilization & Insecticide, to Middleton Pest Control in the amount of $3 , 020; and Category Three, Palm and Tree Trimming, to Nick's Lawn Service in the amount of $5, 070. Ms. Kay McKee further explained the reasons for the staff recommendations and outlined the field investigations she had completed on the bidders. Mr. Nick Stipanovich spoke in favor of his firm and explained his ability to fully meet the criteria and bid specifications set by the City. Mr. Stipanovich answered questions from Council regarding his company. Mr. Spenik further explained that staff was not advocating the elimination of any City equipment and that no employee from the Beautification Department would lose their job as a result of this bid. City of Cape Canaveral, Florida Regular City Council Meeting September 15, 1992 Page 3 Motion by Mr. Randels, seconded by Mr. Porter for approval of Bid No. 92-04 for the landscape maintenance of City-owned properties for Categories I, II, and III at a total figure of $58, 985. 00 to the bidders as recommended by City staff. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Randels, For; Councilwoman Thurm, For. A ten-minute break was taken at this time, after which the meeting reconvened. 4 . Discussion & Motion Re: Vacated seat on City Council. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ELECTING A SUCCESSOR COUNCIL PERSON TO SERVE UNTIL THE NOVEMBER, 1993 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mrs. Thurm to adopt Resolution No. 92-43 with the insertion of Joan Calvert in Section 1 of the Resolution. Mayor Salamone read a letter from Mrs. Calvert submitting her name for consideration to fill the unexpired term of Councilman Kedzierski who resigned the previous week. Mrs. Thurm, Mr. Randels, and Mr. Porter spoke in favor of appointing Mrs. Calvert. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Randels, For; Councilwoman Thurm, For. Mr. John Kancilia, City Attorney, administered the Oath of Office to Joan Calvert and Mrs. Calvert proceeded to assume her seat on the City Council. 5. Discussion & Motion Re: Budget transfers. Mr. Bennett Boucher, Finance Director, explained the year-end recap of the budget transfers for fiscal year 92/93 . He stated that the expenditures of the general fund were $35, 846 less than budgeted. Motion by Mr. Porter, seconded by Mr. Randels to accept the budget transfers for 1992 . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 6. Discussion Re: Request for Proposal No. 92-02 , General Engineering Services. Mr. Spenik stated that nine (9) firms had responded to the request for proposals for general engineering services. He stated Briley, Wild's engineering contract expired on October 1st and he suggested scheduling all nine (9) firms for 30-minute presentations each on a future Saturday. He stated that Council could then decide on a short-list of three firms who would be invited back to give more detailed presentations. Council concurred to schedule a Special Council Meeting for Saturday, September 26, 1992 , at 9 : 00 A.M. 7 . Discussion Re: Request for Proposal No. 92-05 , Consulting Professional Engineering Services for Wastewater and Stormwater System Improvement Projects. Mr. Spenik advised that two (2) firms (Hartman & Associates and Post, Buckley, Schuh, & Jernigan, Inc. ) had responded to the request for proposal for consulting professional engineering services for wastewater and stormwater system improvement projects. Council concurred to schedule a Special Council Meeting on Monday, October 5, 1992 , at 7 : 00 P.M. , for one hour presentations for each of the responding firms. Council also concurred to tentatively City of Cape Canaveral, Florida Regular City Council Meeting September 15, 1992 Page 4 schedule a Special Council Meeting for October 7 , 1992 , at 7 : 00 P.M. , to hear presentations from the top three selected firms on the general engineering services proposal. Mr. Randels suggested utilizing a local engineering firm for a site plan review if needed after the expiration of Briley, Wild's contract on October 1st. Mrs. Thurm questioned Mr. Kancilia regarding the previous contract awarded to Post, Buckley, Schuh & Jernigan for $25, 000. Mr. Kancilia advised that the subject requests for proposals (RFP Nos. 92-02 , and 92-05) were designed to comply with the Consultants Competitive Negotiations Act regulations. 8 . Ordinance No. 18-92 , Amending Section 727 . 03 , Method of Installation, Public Area Construction Regulations of the City of Cape Canaveral Code of Ordinances, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 727 . 03 , METHOD OF INSTALLATION, OF THE CITY CODE TO PROVIDE THAT THE CITY MANAGER SHALL GRANT APPROVAL OF INSTALLATIONS BY OPEN CUT; TO PROVIDE THAT ALL MATERIALS AND WORKMANSHIP CONFORM TO REQUIREMENTS ESTABLISHED BY THE CITY AND AVAILABLE FROM THE CITY MANAGER OR HIS DESIGNEE; REPEALING ALL PORTIONS OF THE CITY CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Thurm to approve Ordinance No. 18-92 . Mr. Randels stated that he was concerned with the wording in Section 727 . 03 which read, "only by special permission of the City Manager" , which allowed no appeal process. Mr. Kancilia stated an appeal clause could be added which deleted the word "only" in the second sentence of Section 727 . 03 and added the following sentence to read, "Any person who receives an adverse decision of the City Manager may appeal such decision to the City Council" . Motion by Mr. Porter, seconded by Mrs. Thurm to amend the Ordinance as recommended by the City Attorney. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 9 . Resolution No. 92-38, Scheduling Referendum Issue for General Election to be held on November 3 , 1992 . Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CALLING FOR A GENERAL ELECTION FOR TWO (2) COUNCIL MEMBERS AND CALLING FOR A REFERENDUM ELECTION TO APPEAR ON THE SAME BALLOT OF THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 3 , 1992 ; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mrs. Thurm to approve Resolution No. 92-38 . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 10. Resolution No. 92-39, Reappointment of Code Enforcement Board members. City of Cape Canaveral, Florida Regular City Council Meeting September 15, 1992 Page 5 Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING A MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to approve Resolution No. 92-39 reappointing James O'Kell as a member of the Code Enforcement Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 11. Resolution No. 92-40, Reappointment of Library Board members. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Thurm, seconded by Mrs. Calvert to approve Resolution No. 92-40 reappointing Ernestine Butte, Harry Ernst, and John Grady as members of the Library Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 12 . Resolution No. 92-41, Reappointment of Recreation Board members. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Thurm to approve Resolution No. 92-41 reappointing Colin Finnigan, Harvey Renshaw, and William Schmidt as members of the Recreation Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 13 . Resolution No. 92-42 , Reappointment of Zoning Board of Adjustment members. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Thurm, seconded by Mr. Randels to approve Resolution No. 92-42 reappointing Marilyn Rigerman, Robert Laws, and Patrick Lee as members and Bob Hoog and John Rutte as alternate members of the Zoning Board of Adjustment. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. 14 . Discussion Re: City Manager performance evaluation. Mayor Salamone asked that each Councilmember prepare a performance evaluation of the City Manager and meet with him to discuss same prior to the next workshop meeting scheduled for October 1, 1992 . 15. Discussion Re: Building Department log of daily calls, walk- ins, etc. (Ann Thurm) . City of Cape Canaveral, Florida Regular City Council Meeting September 15, 1992 Page 6 Mrs. Thurm questioned why the Building Department was required to maintain a daily log of incoming calls, correspondence, walk-in requests, etc. Mr. Spenik explained that it was an administration decision on his part and that it was used to evaluate services and needs of the department. He stated that other departments, including his office and the City Clerk's office, also maintained such a log and that it was used in-house as an administrative tool. There was further discussion regarding the issue. Mr. Art Berger stated that he felt that these type of logs were sometimes used to a disadvantage and that it was a waste of time to write down each visit. Mr. Hans Saurenmann spoke in favor of the log as a management tool to educate and improve City operations. Mr. Jim Morgan, Building Official, advised that he did not have a problem fhp with continuing to log the daily calls and visits of his department. 16. Discussion Re: Crew Room Trailer - Public Works Department. Mr. Joseph Abbott, Public Works Director, advised that his staff had investigated the availability of a used trailer to serve as a crew room and for the time clock installation. He explained the reasons for the purchase and stated that a suitable trailer had been located at a cost of $5, 083 . 00. There was extensive discussion regarding the need for the trailer and the ways in which the extra space would be utilized. Council concurred to authorize the purchase of the trailer with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilwoman Calvert For Councilman Randels For Councilwoman Thurm For 17 . Discussion Re: Beautification Projects (Rocky Randels) . This item was discussed earlier in the meeting. 18 . Discussion Re: Transportation survey results. Mr. Spenik summarized the results of the recent transportation survey. He stated that Council needed to determine if it was worthwhile to continue with Brevard County for a bus route in conjunction with Cocoa Beach at an approximate annual cost of $12 , 000 . He stated that the City of Cocoa Beach was also conducting a survey and he suggested taking the results of both surveys to the Cocoa Beach Area Chamber of Commerce and/or Brevard County's Tourist Development Council for funding. Council agreed to wait for Cocoa Beach's survey results before approaching the County for funding of the bus service. 19 . Discussion Re: Request for Public Records procedures. Mr. Spenik advised that there were situations whereby administrative fees could be charged for "extensive" requests for records which were authorized under Florida Statutes, Section 119 . 07 . Mr. Randels advised that he had established procedures for the post office on requests for records and he provided a copy to the City Clerk for possible use in the City. Council agreed with the proposed Public Records procedures. 20. Monthly Activity Reports. No comments. City of Cape Canaveral, Florida Regular City Council Meeting September 15, 1992 Page 7 21. City Manager's Report. Mr. Spenik stated that the police and fire contracts could be discussed at the budget meeting scheduled for September 21, 1992 . Council concurred to add discussion and approval of the contracts to the Special Council Meeting scheduled for September 21st. Mr. Porter asked Ms. Miller to provide an updated meeting list and possibly a reminder phone call to Councilmembers regarding special meetings. DISCUSSION: 1. Mr. Don Arabian distributed copies of a letter to the State of Florida, Department of Environmental Regulations (DNR) , relative to the wetland properties. Mayor Salamone summarized that the land requested by Port Canaveral was beyond the deadline date, therefore the Port did not have the legal authority to request the land. The City also had a use for the land and it would not hurt the Port since their time limit had expired. In reality, the City had the best use for the land. The City's use for the restoration and preservation of the Indian River Lagoon was a better use than the expansion of the Port's trade zone. Mayor Salamone stated that Mr. Arabian was correct in his interpretation that the City could also obtain the land at a $1. 00 per year lease. Council concurred to send the subject letter to the DNR. 2 . Mr. Hans Saurenmann read a letter regarding the proposed Sister City of Kloten-Zuerich, Switzerland. He offered to talk to the Mayor and Vice Mayor on behalf of the City of Cape Canaveral regarding the Sister City program during his visit to Switzerland later in the month. He asked that a proclamation indicating the City's interest be prepared. Mrs. Thurm advised that she had a problem with the Sister City program and did not feel that there was any benefit or advantage for the City to continue to obtain more sister cities. Council concurred, 4 to 1, to prepare the proclamation. There being no further business, the meeting adjourned at 10: 20 P.M. Approved this 6th day of October , 1992 . Jqy C. Sa amone, MAYOR ATTEST: Faith G. Miller, CITY CLERK