HomeMy WebLinkAboutMinutes 02-05-2002 Workshop 4
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City Council Workshop Meeting
CODE REVIEW
City Hall Annex
Tuesday, February 5, 2002
5:00 P.M.
MINUTES
Mayor Rocky Randels called the Workshop Meeting of the Cape Canaveral City Council to order
at 5:12 P.M.
Members Present:
Mayor Rocky Randels
Council Member Jim Morgan
Mayor Pro Tem Bu�� Petsos
Council Member Richard Treverton
Member Absent:
rk-
Council Member Larry Weber
Others Present:
City Attorney Mark McQuagge
City Manager Bennett Boucher
Administrative Assistant Virginia Haas
Recreation Director Nancy Hanson
Lieutenant Gary Young Acting Police Chief
Council began reviewing the previously covered section 2 -218 & 2 -219 again to clarify what had
been decided upon at the last code review meeting.
Sec. 2-218. Procedure.
All •urchases b the cit , exce•t as otherwise provided in this division, . ? :a _:�_
(CHANGE $5,000 TO $20,000) shall be
purchased by formal written bilateral contract from the lowest responsible bidder after
due notice inviting bids or proposals.
(Ord. No. 9 -93, § 3(205.05), 5- 18 -93)
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February 5, 2002
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Mr. Treverton expressed that Council would like to see expenditures between $5,000
and $20,000. Mr. Morgan questioned when these numbers were adopted or changed?
I Attorney McQuagge responded that these figures were from 1993. Mr. Morgan stated
that Council may want to factor in the cost of living and the number change should
I follow that theory as well as including a buffer. Mr. Boucher read his proposal again
regarding this section in that $1,000 and under requires one quote. 1,000 to $5,000
require 3 quotes and approval by the City Manager. Anything over $5,000 would go
before the City Council with three quotes for approval. Anything over $20,000 requires
a formal bid process. Mr. Morgan questioned using Standard Al A forms. Mr. Boucher
responded that the City does make use of the Al A Forms for some standard contracts.
Council agreed to raise the formal bid requirements to $20,000.
Sec. 2 -219. Open market purchase procedures.
All purchases with an estimated value of : ,; '' y f Y< '' ` or
s.A va uA .. , w <. Y .w....,. .,R <a: ..... ...,s. , ) .
y less shall be made on the open market without observin • the • rocedure • rescribed b
I section 2-218 for the award of contracts Purchases ofd s x «„,... ,,- q - �_ n
,:r,. .,.,: , „. :a ,- „ � a ill be obtained by soliciting written •uotes`
i • rior to awardin • a contract or • urchase order :; a N, 3 ay , 1
I C ;" = z ; , . . $,',:e;,‘,; shall be approved by the city
manager. Except in the case of emergency, the city- purchasing agent shall solicit at
least three competitive quotes by way of mail, telephone or other suitable means, and
the quote of the lowest responsible bidder shall be accepted. The city - purchasing agent
shall keep a record of all open market purchases and the bids submitted in competition
therefore and such records shall be open to public inspection. If the open market
purchase sought is ; ,. ' the city- purchasing agent shall make purchases
according to best commercial practice.
(Ord. No. 9 -93, § 3(205.07), 5- 18 -93)
Ms. Hanson questioned that once an item is approved through the budget process, why
does the item go once again before Council for approval? Council agreed that this is
generating a lot of paperwork and requires department heads to appear several times
at meetings. Attorney McQuagge reminded Council that once they have approved a
budgeted item that you must ensure that you have not over spent and this places the
prudence on the department heads. Mr. Boucher clarified that Council was only
speaking of Capital Budgeted Items that would pass final approval by the City
Manager. All other purchases between $5,000 and $20,000 would pass before Council.
Council agreed that this change would be placed in the applicable code chapter when it
is reviewed.
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City Council Code Review Workshop
February 5, 2002
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1 • $20,000 and UP — Formal Bid
• Between $5,000 and $20,000 - City Manager APPROVES BUDGETED
CAPITIAL EQUIPMENT
• Non - budgeted Items between $5,000 and $20,000 goes before COUNCIL
• Purchases between $1,000 and $5,000 — City Manager APPROVES
PURCHASE WITH 3 WRITTEN QUOTES
• Purchases UNDER $1,000 DEPARTMENT HEADS HAVE DISCRETION
Sec. 2 -222. Cooperative purchasing.
(a) The city may procure, without compliance with the competitive purchasing
procedures of the this division, supplies, services and construction under the terms of
contracts entered into by or through other governmental agencies as follows:
(1) The United States government General Services Administration (GSA), or other
such federal contract;
(2) State department of purchasing and procurement;
(3) Brevard County;
(4) Multicounty cooperatives; or
(5) Cooperative purchasing agreements as designated by the city council.
(b) The city manager shall approve any purchase from the a • encies described in
$ �
subsection (a) of this section which exceeds y7:$ b".S 4 ,k " 4 ( ;;, ^:7 + " `
but does not exceed . The city y council shall approve any such purchase
which exceeds �« - -,.,1: ' z ' _ ^m : < k F a ..;
(Ord. No. 9 -93, § 3(205.13), 5- 18 -93)
Sec. 2 -224. Blanket purchase orders.
The city may issue blanket purchase orders when the city council determines that a
blanket purchase order shall be more cost effective to provide means for capturing total
requirements for noncapital items for a period of time not to exceed 12 months. Any
blanket purchase orders, purchases from which are ; ;
(CHANGE $5,000 TO "$20,000 OR A PRIOR APPROVED REOCCURING BUDGETED
ITEM(MARK & BENNETT COME UP WITH LANGUAGE ")) shall be entered into using
the procedures described in section 2-218. Other blanket • urchase orders, purchases
from which � � . ...... , ,
... :. ;, ' shall be
entered into utilizing open market procedures. Each purchase requisition issued
against the blanket purchase order may be issued by the city - purchasing agent without
further approval. No blanket purchase order issued by the city shall confer upon any
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rt person the exclusive right to furnish the city's requirements for the supplies, services or
construction called for by the blanket purchase order.
(Ord. No 9 -93, § 3(205.17), 5- 18 -93)
Council agreed that blanket purchase orders should follow the budgeted pre- approved
amount. If the amount exceeds budgeting the City Manager will notify Council. Council
requested that Mr. Boucher and Attorney McQuagge decide on appropriate verbiage
for section 2 -224 regarding budgeted reoccurring items.
Sec. 2 -237. Capital ex .anion plans.
The city council € p �' a s ..
(a ) Y �:...FH„ for each such trust account
established in this division. Such plans shall be reviewed annually during the budget
review . rocess.
b 6 / l .YS ? , S h / l6 � £ / s 9 x 33` A ' S3'k`' ' ,1 w ,[ g " ' % x f zs' a 'r� E;
{ � ; s ot, `k' a, °# ter' k "E i ,� I , l # k • ,�. SE ›"14,"' ska f gs?4"
& ..... � z � < . . ;� > 3 ; ' : 44.4:;== At such time the city
council shall analyze the projected construction within the city, the cost of any new or
expanded capital facilities and equipment of parks and recreation, library, general
government, and fire and rescue services which shall be generated by that
construction, and the funds otherwise available to finance those costs.
(Ord. No 41 -93, § 1(719.13), 10- 19 -93)
Mayor Randels questioned if the City has a current capital expansion plan? Mr.
Boucher replied that Council reviews and adopts the five -year plan each year at budget
review. The five -year plan in regards to the budget review may need to be altered to
read "Capital Expansion Plan ".
Section 6-26. Ho urs of 0 i eration.
(a) , '' F, loch serves, dispenses, stores or sells alcoholic
beverages, or where alcoholic beverages are consumed, or which holds a license under the
division of beverages for either on- premises or off - premises consumption, shall have the hours of
operation for the purposes of dispensing, selling, consuming or serving alcoholic beverages from
7:00 A.M. of one day to 2:00 A.M. of the following day.
(Code 1981, §§ 733.01, 733.03; Ord. No. 10 -94, § 1(733.01), 3 -1 -94)
State law reference(s) -- Authority to regulate hours of sale, F.S. § 562.14.
Mayor Randels questioned whether the term commercial establishment included the VFW and the
American Legion? Lt. Gary responded that the VFW and American Legion should be considered
as included in section 6 -26. Lt. Gary also suggested that the hours of operation be examined in
light of many people purchasing alcoholic beverages in the early and late hours of store openings.
Mr. Morgan suggested polling the stores prior to making any changes to this section regarding the
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r hours of operation. Discussion continued on state and county laws regarding the hours of
i operation. Council agreed to make no changes to this section at this time
1 ARTICLE III. POSSESSION AND CONSUMPTION
a s
DIVISION 1. GENERALLY
a
Sec. 6-51. Streets, alleys, sidewalks and parking areas.
ADD (A) It shall be unlawful for any person to drink, consume or possess an open
container of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and
wine, on or upon any street, alley, ` n '„,„,-,> sidewalk or any city public parking area open to the
public in the ordinary course of business within the city.
I ADD (B) SEE SECTION 6 -52 (B)
(Code 1981, § 604.01)
Cross reference(s) -- Library, ch. 46; parks and recreation areas, ch. 54; streets, sidewalks and
other public places, ch. 66; waterways, ch. 106; zoning, ch. 110.
Mayor Randels questioned whether walkways include dune crossovers. Attorney
McQuagge stated that it would not be necessary to change the code.
Mayor Petsos asked if the City should add a waiver to section 6 -51 to include any
1 C Y function that might take place at the library? Attorney McQuagge suggested that a
section similar to section 6 -52(B) be added to 6 -51 as a new section 6 -51(B) regarding
1 public rights of way. Attorney McQuagge agreed that the Council should have the
discretion to grant exceptions as needed.
DIVISION 2. MOTOR VEHICLES*
*Cross reference(s)—Streets, sidewalks and other public . places, ch. 66; traffic and vehicles,
ch. 74.
State law reference(s)--Possession of open containers in vehicles, F.S. §
316.1936.
Sec. 6 Definitions.
Open container means any bottle, can or other receptacle or container containing any alcoholic i
beverage or any mixture containing an alcoholic beverage which has been opened or a seal broken
or the contents of which have been partially removed.
Vehicle means every device in, upon or by which any person or property is or may be transported
or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
(Code 1981, § 737.03; Ord. No. 5 -93, § 1(737.03), 4 -6 -93)
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Lt. Gary suggested defining open containers in motor vehicles as "an open container m the
passenger compartment."
Section remains unchanged.
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There being no further business, the meeting adjourned at 6:50 p.m.
ATTEST:
Virginia Haas, Administrative Assistant
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