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HomeMy WebLinkAbout02-16-1993 CITY COUNCIL REGULAR MEETING February 16, 1993 A Regular Meeting of the Cape Canaveral City Council was held on February 16, 1993 , 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. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Robert Abbott Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present Acting City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of February 2 , 1993 . Motion by Mr. Porter, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of February 2 , 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. PROCLAMATIONS: 1. Irish-American Heritage Month - March 1993 . Mr. Porter read the proclamation and presented it to Mr. Frances Harrington. Mr. Harrington thanked the City and spoke briefly regarding the Irish-American heritage. PUBLIC HEARINGS: 1. Ordinance No. 01-93 , amending Land Development Regulations, Chapter 265, Code Enforcement Board, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 265 OF THE CITY CODE OF ORDINANCES; ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162 , FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert for approval of Ordinance No. 01-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. NEW BUSINESS: 1. Motion Re: City Manager's employment agreement. Motion by Mr. Porter, seconded by Mrs. Calvert to approve the employment agreement with Bennett Boucher as City Manager at an annual salary of $43 , 000, with four (4) months aggregate gross salary in the event of termination without cause, and an effective date of February 16, 1993 . Mr. Randels stated that the employment agreement was in line with similar agreements used by other municipalities within Brevard City of Cape Canaveral, Florida City Council Regular Meeting February 16, 1993 Page 2 County and he spoke in favor of the agreement. He stated that former Cape Canaveral mayors had signed a petition endorsing Mr. Boucher's appointment as City Manager. Mayor Salamone read a letter from the Cape Canaveral Citizens Association which urged the appointment of Mr. Boucher as City Manager. She also read a petition which contained thirty (30) signatures of City employees who also encouraged the appointment of Mr. Boucher. Mr. Abbott asked that the following statement be placed into the record verbatim. Mayor Salamone agreed. Mr. Abbott read the following statement: "To: The Mayor, Members of the City Council, via Acting City Manager and City Attorney From: Robert J. Abbott, Council Member Re: City Manager Appointment; City of Cape Canaveral The City Council is once again considering a third agreement from Acting City Manager, Bennett Boucher, who is petitioning for his appointment as City Manager. The City Charter defines the qualifications required by an individual under consideration for this position. Mr. Boucher admits he does not possess these qualifications. I find Mr. Boucher easy to work with. We have had long discussions about the responsibilities and duties of a City Manager. Last week, he expressed concern about recent public scrutiny regarding his payment of a $30, 000 fine levied against the City on February 19, 1991, by the Environmental Protection Agency. At that time, Mr. Boucher was Acting City Manager and Public Works Director and bears the responsibility for the fine. Such public scrutiny accompanies the position of city manager and because Mr. Boucher is not qualified, it is unfair to subject him to the demands of that office. This city is in the same situation administratively, exactly two years to the day, with the recent resignation of the Public Works Director and Mr. Boucher again, as acting City Manager. I share Mr. Boucher's concern about any fines that are imposed upon the taxpayer's of this City. It is their money, and to throw it away on fines and penalties is inexcusable. City Attorney James Woodman outlined the significance of the City Manager's duties in September, 1991. City Attorney John Kancilia reaffirmed the significance of the City Manager position in November, 1992 . It is impressive that several former Mayors have graciously signed a letter of endorsement of behalf of Mr. Boucher. However, these individuals will not be held responsible for the administrative problems that arise as the result of this Council knowingly and willfully appointing unqualified individuals into key administrative positions within this City. To do so, merely invites those administrative problems to haunt the lives of those appointing individuals well after City of Cape Canaveral, Florida City Council Regular Meeting February 16, 1993 Page 3 they leave public office. With all due respect, for the record and based on the above concerns, I cannot support this candidate for consideration as City Manager. /s/ Robert J. Abbott" Mrs. Ann Thurm questioned the difference between a contract and an employment agreement. Mayor Salamone stated that the agreement did not specify a specific number of years before the agreement would expire. Mr. Abbott stated that Black's Law dictionary defined the words "contract" and "agreement" as one and the same. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilman Abbott Against Councilwoman Calvert For Councilman Randels For Mr. Boucher thanked the members of the community, past mayors and the employees for their support. 2 . Motion Re: Proposed Professional Engineering Services Contract for Wastewater and Wetland System with Hartman & Associates, Inc. Motion by Mayor Salamone, seconded by Mr. Randels to approve the agreement for engineering services with Hartman & Associates. Mr. Gerald C. Hartman, Hartman & Associates, Inc. , and Dr. Michael Weinstein of Breedlove, Dennis & Associates (BDA) addressed questions from Councilmembers relative to the engineering contract and the wetlands project. Mr. Hartman stated that all of his firm's subconsultants were subject to Council approval. Mr. Randels explained that he would like Council to look at upgrading the plant as one option to ensure that the best water possible went into the wetlands. He felt strongly about using the wetlands as a reuse option, but the City also needed to address renovation of the wastewater treatment plant. Mayor Salamone asked to include a clause in the contract to state that the City had approval of all subcontractors. Mr. Hartman stated that the approval provision was normally provided to the client, but if it was not adequately stated in the contract, he would concur with adding language which would allow the City Council approval on all subcontractors. He wanted to make sure that the contract provided the assurance of the team members staying on the project. There was further discussion regarding the subcontractor approval clause of the contract. Mr. Hartman stated that the wastewater treatment plant component of the contract would require more time than the wetlands component. He explained that the notice to proceed was broken into three (3) task areas including: wetlands, wastewater treatment plant, and general services. Mr. Porter questioned what type of checks and balances system would be in place for the contract. Mr. Hartman stated that his firm would have to provide a preliminary design report early in the project, the City would review the report, and his firm would proceed without the approval of the Council. He stated that there were checks and balances in place throughout every step of the process and Council could have whichever firm it chose to review the preliminary design. City of Cape Canaveral, Florida City Council Regular Meeting February 16 , 1993 Page 4 There was extensive discussion regarding the value engineering process (cost effectiveness of the program) and the actual operation and monitoring of the wetlands. Motion by Mayor Salamone, seconded by Mr. Porter to amend the agreement to add a clause that the City Council had approval on all subconsultants. Mrs. Ann Thurm expressed her concerns regarding the use of wetlands on a barrier island. She addressed several questions to Mr. Hartman and encouraged the City to keep its permit to discharge water into the river. Mayor Salamone stated that the wetlands would be utilized for reuse and the City would keep its permit. She stated that the Hartman contract included a total upset limit of $520, 100 and it was approximately $600, 000 less than the previous proposed contract with Post, Buckley, Schuh & Jernigan. Mr. Don Arabian expressed his opinion regarding the wetlands project and explained the reasons why he felt that Hartman & Associates was not the best firm for the City. He explained his concept for the wetlands. He stated that the City should only improve the plant as was necessary by law and that Hartman & Associates were experts in wastewater treatment, but that he felt only the wetlands program should be implemented. He felt that the wetlands concept and improvement of the plant were two distinctly separate projects. There was further discussion regarding Mr. Arabian's plan. Motion by Mayor Salamone, seconded by Mrs. Calvert that in making this decision the City Council finds that Hartman & Associates was fully qualified to render the service called for by the request for proposals and the City certifies that Hartman & Associates was qualified pursuant to law and the City ordinances. Mr. Chuck Banford questioned if the City had a warranty from Hartman & Associates for obtaining the necessary DER permits. Mayor Salamone stated that no firm could guarantee DER permits. Mayor Salamone stated that the City needed a consulting firm that would complete the engineering services necessary to upgrade the sewer plant and do the wetlands as a reuse program. She stated that Mr. Hartman had agreed that the Council could decide on any subconsultant prior to the consultant being included on the project. Mr. Kancilia stated that the City had approval rights on key personnel pledged by Hartman & Associates for the project. Mr. Porter questioned why there was a court reporter present. Mr. Hartman stated that the court reporter was present on his behalf in order to ensure a full transcript of Council's direction. Mr. Hartman stated that the subconsultants' charges would be at cost with no overhead charge from Hartman & Associates. There was further discussion regarding the preliminary design phase and the monthly status reports that were required by the contract. Mr. Richard Thurm questioned how much the average sewer bill would increase with the expansion of the sewer plant. Mayor Salamone estimated that the bills would increase by approximately $16 . 00 - $20 . 00 per month per user since the total cost of the project would be approximately eight to ten million dollars. Mr. Walter Bandish spoke in reference to the need to upgrade the wastewater treatment plant. Mrs. Helen Filkins spoke briefly regarding the costs involved with a stormwater program. There was discussion regarding the lengthy timeframe involved in the DER permitting process and the monitoring of wetlands. City of Cape Canaveral, Florida City Council Regular Meeting February 16, 1993 Page 5 Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. Motion carried on the first amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. A ten-minute break was taken at this time, after which the meeting was reconvened. 3 . Motion Re: Acceptance of audit report for FY 91/92 . Motion by Mr. Randels, seconded by Mrs. Calvert to accept the independent auditor's report for the year ending September 30, 1992 , as presented by the CPA firm of Hoyman, Dobson & Company. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . Motion Re: Comprehensive Annual Financial Report (CAFR) preparation. Motion by Mr. Randels, seconded by Mr. Porter to authorize the City's CPA firm, Hoyman, Dobson & Company, to prepare a Comprehensive Annual Financial Report of the City which would be used for securing bond funding for the anticipated wastewater treatment plant expansion/wetlands project at an upset cost of $9 , 000 . Mr. Randels spoke in favor of the report. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. 5. Motion Re: Appointment of an attorney at act as Code Enforcement Prosecutor. Motion by Mayor Salamone, seconded by Mrs. Calvert to ask Michael Driscoll to be the attorney for the pilot program outlined to the Council by Mr. Boucher. Motion by Mrs. Calvert, seconded by Mr. Abbott to amend the motion to utilize Mr. Driscoll on an as needed basis. Mayor Salamone explained her reasons for selecting Mr. Driscoll as her choice for the Code Enforcement Board. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter For; Councilman Abbott; For; Councilwoman Calvert, For; Councilman Randels, For. 6 . Monthly Activity Reports. No comments. 7 . City Manager's Report. Mr. Boucher advised that the cost for extra contractual legal expense coverage from Florida League of Cities to cover ethics City of Cape Canaveral, Florida City Council Regular Meeting February 16, 1993 Page 6 violations and any other lawsuits would be $500. 00. Council unanimously agreed to purchase the coverage. Mr. Boucher advised that the Building Department had prepared a draft customer service pamphlet which had been distributed to Council. He ask for comments prior to the final printing of the pamphlet. Mr. Boucher advised that the City had received an $8 , 000 check from the Sheriff's Department from the Cooperative Distribution Agreement with Brevard County Drug Task Force and it would be placed in the Special Law Enforcement Trust Fund. Mr. Boucher advised that the National Hurricane Conference was scheduled for April 13-16, 1993 , in Orlando at a registration fee of $195. 00. He hoped to attend along with Mr. Kleving from the Building Department. DISCUSSION: 1. Mr. Kancilia brought Council up-to-date on the potential purchase of the three (3) lots located across from the City's Recreation Department. He questioned whether or not Council wished to pursue negotiations with the property owners for the purchase of the property. Council concurred to consider the matter further and discuss it at the next workshop. 2 . Mr. Bob Hoog spoke in reference to a hazard caused by cars creating a third lane of traffic in order to proceed around turning cars at the intersection of Canaveral Beach Boulevard and North Atlantic. Mr. Porter also expressed his concern regarding the bikepaths along AlA. Council directed Mr. Boucher to investigate the problems. 3 . Mr. Randels spoke regarding the need to include private roadways on County maps for emergency response teams. He spoke specifically regarding Banyon Cove and the process necessary to officially name, but not accept, the roadways. 4 . Mayor Salamone spoke regarding the mail being processed out of Cocoa instead of the Cape Canaveral post office and Mr. Randels explained that Cocoa was the processing center for north Brevard County. There being no further business, the meeting adjourned at 9 : 50 P.M. Approved this 2nd day of March , 1993 . &L-Qcc". J C') Salamone, MAYOR ATTEST: Faa th G. Miller,- ITY CLERK