HomeMy WebLinkAbout01-28-1993 WorkshopCITY COUNCIL
WORKSHOP MEETING
January 28, 1993
A Workshop Meeting of the Cape Canaveral City Council was held on
January 28, 1993, at the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida. The meeting was called to order at 7:32 P.M.
by Mayor Salamone.
ROLL CALL:
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Acting City Manager
City Attorney
City Clerk
OLD BUSINESS:
Joy Salamone
John Porter
Robert Abbott
Joan Calvert
Rocky Randels
Bennett Boucher
John Kancilia
Faith Miller
Present
Absent
Present
Present
Present
Present
Present
Present
1. Discussion with representative from Cablevision of Central
Florida.
Mr. Troy Harville, Vice President & General Manager of Cablevision,
explained various improvements to the services provided by
Cablevision. He stated that the current rate for preferred service
(32 channels) was $21.74 and reviewed the rates charged in other
communities throughout Florida. He spoke briefly regarding the new
FCC rulings which would affect cable television services. He spoke
in reference to the Sunshine Network issue and sporting events to
be televised on a pay per view basis. He stated that Cablevision
would be willing to produce taped or live shows on City issues for
viewing by the City's constituents.
Mr. Harville described a new service to be installed by Time Warner
called the Electronic Superhighway into the Home which would be
tested in the Orlando area in the near future. He asked Council
for its permission to begin negotiations with City staff relative
to the current franchise agreement which expires in 1994. Council
concurred with Mr. Harville's request.
Mr. Harville further explained the difference between basic service
($9.95 for 14 channels) and extended service ($21.74 for 32
channels). He stated that in the future customers would have cable
on- demand which would allow customers to choose the programs they
wished to view. Mr. Harville addressed questions from Council.
2. Discussion Re: Wastewater and Stormwater Improvement Project;
proposed Preliminary Encxineering Contract with Post, Buckley, Schuh
& Jernigan, Inc.
Mr. W. Richard Karasiewicz, of Post, Buckley, Schuh & Jernigan,
Inc., stated that his firm had reached an agreement with Chip
Swindell and his new company. He stated that Mr. Swindell had not
signed the agreement on advice from his attorney to wait until the
City had signed the contract with Post, Buckley.
Mrs. Calvert questioned the procedure to follow if the City did not
select Post, Buckley for the wetlands project. Mr. Kancilia
advised that if Post, Buckley was not selected, the City would then
begin negotiations with the second ranked firm.
Mr. Randels advised that he was frustrated with recent events and
stated that he did not feel as comfortable with Post, Buckley as he
had in the past. He stated that he was not at ease with a firm who
terminated a key employee where a prospective client had chosen the
company based on the key employee's expertise. Mr. Karasiewicz
stated that Mr. Swindell was in a different division and each
business was a separate unit. He stated that Mr. Swindell was in
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City of Cape Canaveral, Florida
City Council Workshop Meeting
January 28, 1993
Page 2
the ecological sciences division and explained the division's
decision to terminate Mr. Swindell's employment. He stated that
Post, Buckley did have the staff to do the job without Mr.
Swindell, but the project team chose to continue to use him as a
sub - contractor because of Mr. Swindell's wetlands expertise.
Mayor Salamone expressed her reasons for not being able to support
Post, Buckley and the circumstances surrounding the current
situation. Mrs. Calvert stated she also would not be able to
support Post, Buckley. Mr. Randels described the lengthy history
of the wastewater treatment plant expansion and the wetlands
project. Mayor Salamone stated that the City Council had agreed to
proceed with the wetlands. Mr. Leo Nicholas questioned if it was
an option to re- advertise for the proposal. Mr. Kancilia stated
that by law Council had to negotiate with the next ranked firm.
Agenda this item for Tuesday.
Mr. Karasiewicz stated that he and the members of the project team
were extremely disappointed with Council's opinion. He stated that
Post, Buckley was the largest engineering company in Florida and
had been in business in Florida for 32 years. He stated that his
firm had more municipal and industrial clients than any other firm
in the State. He felt that his firm had not gotten to its present
position by treating its clients with any type of mistrust. He
stated that he supported the staff in its decision to try to keep
the team together and not advise the City the instant that Mr.
Swindell resigned.
NEW BUSINESS:
1. Discussion Re: Request from Fischer's Harbor Seafood and
Tackle to pay a deposit on sewer impact fees.
Mr. Boucher explained the request from Fischer's Harbor Seafood and
Tackle. Mr. Kancilia stated that Mr. Peeples had also asked to
present evidence of why he felt that a reduction in the total
impact fees was advisable because of uses of the property in
existence prior to the enactment of an impact fee ordinance. Mr.
Jim Peeples stated that in order to continue processing their DER
permit it was necessary to obtain approval from the City. He
planned to approach Council in February with evidence which
indicated that the building had been used as a restaurant in the
past, thereby creating a situation where a possible reduction in
sewer impact fees would be justified. Agenda this item for
Tuesday.
2. Discussion Re: Ordinance No. 01 -931 amending Land Development
Regulations, Chapter 265, Code Enforcement Board.
Mr. Kancilia explained the reasons for the amendment to the Code
Enforcement Board ordinance. Agenda this item for Tuesday.
3. Discussion Re: Audit report for FY 91/92 (February 2, 1993).
Agenda this item for Tuesday.
4. Discussion Re: Request by Special Olympics for waiver of fees
to utilize City shuffleboard courts.
Agenda this item for Tuesday.
5. Discussion Re: City Manager's contract.
Mayor Salamone stated that it was not a contract, but an employment
agreement that was to be discussed. Mr. Hans K. Saurenmann read a
City of Cape Canaveral, Florida
City Council Workshop Meeting
January 28, 1993
Page 3
prepared statement relative to the selection of the City Manager.
He spoke against hiring Mr. Boucher as City Manager and explained
his reasons for same. He distributed information packets to each
Councilmember and the City Attorney regarding the City Manager
position. He asked Council to advertise the position and select
the best candidate possible.
Mrs. Calvert spoke in favor of Mr. Boucher. She felt that bringing
in a new person was not in the best interests of the City. She
stated that the City was in a unique situation as a barrier island.
Mr. Saurenmann stated that he felt there was a private club within
the City and the people of the community wanted changes.
Mayor Salamone began a discussion regarding the employment
agreement and explained the items that were not agreeable to her
She disagreed with the severance pay and the with or without cause
provisions. She stated that the City Charter provided that the
City Manager served at the will and pleasure of the City Council.
There was further discussion among the Councilmembers regarding the
provisions of the employment agreement, the City Charter and the
issue of severance pay.
Mrs. Calvert questioned if all Councilmembers agreed that Mr.
Boucher was doing a good job in his present position and Council
agreed. Mr. Boucher stated that most City Managers in Brevard
County had contracts. He explained that he had been with the City
for twelve years and he needed some security. Council concurred to
workshop the agreement again at the next meeting.
6. City Manager's Report.
Mr. Boucher stated that 37 easements were sent out for the beach
renourishment project and 22 had been received back. The signed
easements were needed by mid-February. Mr. Kancilia explained the
difficult condemnation procedures available to obtain the
easements. There was further discussion regarding the easements
required for the Port's project.
DISCUSSION:
1. Mr. Tezel expressed his feelings relative to the City's
potential purchase of his property for the wetlands enhancement
project. He felt that the City was not playing a fair game. He
expressed his frustration with the City's inability to decide
whether or not it wanted to purchase his property for the wetlands
project.
There was discussion relative to the appraisals received on the
subject property. Mr. Kancilia stated that Mr. Tezel's last
offered price was $85, 000 an acre and by State law the City Council
could not agree to a price which exceeded the average of the two
appraisals unless by an extraordinary vote.
Mr. Saurenmann felt that Mr. Tezel was looking for a timeframe.
Mayor Salamone stated that the wetlands project would be completed
} by the end of 1993 . Mr. Tezel stated he would offer $70, 000 an
acre effective rate with two years interest and attempted to
explain what he meant by effective rate. Mayor Salamone asked Mr.
Tezel to present the offer to the City Manager and City Attorney.
There being no further business, the meeting adjourned at 9: 45 P.M.
Faith G. Miller, .,L'MC
City Clerk_
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