HomeMy WebLinkAbout01-22-1993 Special Workshop• •
CITY COUNCIL
SPECIAL WORKSHOP MEETING
January 22, 1993
A Workshop Meeting of the Cape Canaveral City Council was held on
January 22, 1993, at the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida. The meeting was called to order at 5:04 P.M.
by Mayor Salamone.
ROLL CALL:
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Acting City Manager
City Attorney
City Clerk
BUSINESS:
Joy Salamone
John Porter
Robert Abbott
Joan Calvert
Rocky Randels
Bennett Boucher
John Kancilia
Faith Miller
Present
Present
Present
Present
Present
Present
Present
Present
1. Discussion Re: Draft Interlocal Sewage Agreement between -he
City and Canaveral Port Authority.
Mr. Boucher advised that City staff, Mike Burton, John Kancilia,
and Dan Click had been working as a committee for the past several
months on a draft agreement to present to the Canaveral Port
Authority. Mr. Kancilia stated that the committee had investigated
several alternative ways of replacing the present sewer franchise
agreement with the Port and Mr. Burton drafted the committee's
position paper outlining why the wholesale agreement was
recommended.
Mr. Michael Burton, Burton & Associates, briefly described the
history of the City's sewer franchise agreement with the Port and
the various alternatives to the agreement that were reviewed by the
committee. He stated that the City was limited in terms of revenue
received from the Port for sewage treatment and that the City was
not compensated for as much wastewater as it was actually treating.
The consensus of the committee had been to pursue a wholesale
agreement with the Port. Mr. Kancilia proceeded to explain the
draft agreement in detail. He explained that the City would be
selling the Port reserve capacity for its future expansion which
would also involve a pro -rata share of the City's expense to
improve the wastewater treatment plant.
Mr. Burton explained the rate structure of the agreement including
the readiness to serve fee, usage charge, high strength surcharge,
administrative fees, the maximum discharge limit, and cost recovery
fees for prohibited discharges. Mr. Kancilia stated that the City
would request that the Port adopt an ordinance similar to Chapter
670 of the City's Code of Ordinances that met federal pretreatment
regulations. He explained that the agreement reserved certain
rights of inspection for the City to determine if federal
pretreatment regulations were being met.
Mr. Kancilia stated that the draft agreement had not been discussed
with the Port and the Port had not had any input in the contents of
the document. Mr. Burton stated that typically wholesale rates
were 60 -85% of retail rates. He stated that his firm would be
conducting a fully allocated cost of service study to determine the
rates to be charged to the City's sewer customers. He stated that
in all probability wholesales rates would be lower than the retail
rates. Mr. Burton, Mr. Click and Mr. Kancilia answered questions
from Council relative to the draft interlocal sewagb disposal
agreement.
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City of Cape Canaveral, Florida
Special Workshop Meeting
January 22, 1993
Page 2
Mr. Kancilia advised that the City wanted the best agreement
possible and the committee members wanted Council to fully
understand the concept of the agreement and the legal relationship
with the Port.
A ten - minute break was taken at this time, after which the meeting
reconvened.
2. Discussion Re: Wastewater and Stormwater Improvement Project;
proposed Preliminary Engineering Contract with Post, Buckley, Schuh
& Jernigan, Inc.
Mayor Salamone stated that Council would be discussing the proposed
contract with Post, Buckley, Schuh & Jernigan. She stated that
Council had two choices: if there was a problem with the contract,
Council could ask Post, Buckley to re -work the contract or Council
could go to the next ranked engineering firm.
Mr. Craig Ferguson, Post, Buckley, presented the project
organizational chart which reflected recent changes. He stated
that Mr. Dan Click had resigned from Post, Buckley. He stated that
Mr. Chip Swindell was forming his own company and Post, Buckley was
in current negotiations with Mr. Swindell's firm for continuing
engineering services for the City's project. Mr. Ferguson
introduced other members of his firm who were present at the
meeting.
Mr. Ferguson reviewed his memo which had been presented to Council
which summarized the wastewater and stormwater improvement
projects. Mayor Salamone stated that she felt the same team
involved in the initial negotiations with Post, Buckley was no
longer present. Mr. Randels stated that during the previous week's
meeting, Post, Buckley had stated that Mr. Swindell would design
the wetlands project. He stated that one of the deciding factors
for the selection of Post, Buckley was Mr. Swindell's experience
and expertise in wetlands. Mrs. Calvert agreed with Mr. Randels'
comments and stated that she felt the City had been deceived.
Mr. Bob Morrell stated that his firm had always intended to use
Chip Swindell on the wetlands project team. Mrs. Calvert expressed
her concerns against sub - contracting. Mayor Salamone stated that
there was a lack of trust now because the City was not advised that
Mr. Swindell had left the firm. She stated that Mr. Click and Mr.
Swindell were major players on the project team.
Mr. Kancilia stated that the City was not compelled to hire Post,
Buckley. The City could continue to negotiate with Post, Buckley
on different terms or Council could choose to go to the next ranked
contractor, Hartman & Associates, or solicit further proposals'.
Mr. Ferguson stated that there was no deception intended on the
part of his firm. He stated that the firm recognized Mr.
Swindell's expertise and a draft agreement had been prepared by the
firm and was ready for Mr. Swindell's signature. Mr. Morrell also
stated that his firm recognized Mr. Swindell's expertise and its
commitment to the City and intended to fulfill its commitment.
Mrs. Calvert questioned if the firm had notified any City employee
that Mr. Swindell and Mr. Click were no longer with the company.
Mr. Morrell stated that the City was advised immediately when Mr.
Click resigned. Mr. Ferguson stated that during a meeting with the
Public Works Director it was stated that something might be
occurring with Mr. Swindell, but there was every intention on both
sides to maintain the relationship. He had asked Mr. Abbott for
some time to allow Post, Buckley to complete negotiations with Mr.
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City of Cape Canaveral, Florida
Special Workshop Meeting
January 22, 1993
Page 3
Swindell. Mr. Abbott stated that there was never any intent to
enter into a contract with Post, Buckley without Mr. Swindell.
Mayor Salamone asked that the proposed contract be placed on the
next Council workshop to allow Post, Buckley time to negotiate its
contract with Mr. Swindell. Council concurred to place the item on
the next workshop.
There being no further business, the meeting adjourned at 6:40 P.M.
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