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HomeMy WebLinkAbout10-04-1994 Regular MeetingCITY COUNCIL REGULAR MEETING October 4, 1994 A Regular Meeting of the Cape Canaveral City Council was held on October 4, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present (Late) Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present Interim City Attorney William Potter Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of September 20, 1994. Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Regular City Council Meeting of September 20, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Pro Tem Porter arrived at the meeting at this time. 2. Special City Council Meeting of September 26, 1994. Motion by Mr. Nicholas, seconded by Mr. Berger to approve the minutes of the Special City Council Meeting of September 26, 1994, as presented. Mr. Nicholas questioned the main motion, amendment and the vote taken on Resolution No. 94 -49. Mayor Salamone advised that she had read the amended Resolution in its entirety, so that the vote on the amendment included the complete amended Resolution. She stated that the main motion had failed on the Resolution that was presented to Council, but the amendment passed on the Resolution as amended. Mr. Nicholas commented that Resolution No. 94 -49 was defeated; Mayor Salamone reiterated that amended Resolution No. 94 -49 was approved. Mr. Nicholas suggested continuing the discussion at the end of the meeting. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS: • 1. 1994 Fall Beautification Awards Residential - Mr. & Mrs. Gerald Fischetti City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 2 Multi - Family - Sand Pebbles Commercial - Maggie's Mini Nursery Mrs. Frances Singer, Beautification Board Chairperson, presented the 1994 Fall Beautification Awards to the following individuals: Mr. & Mrs. Gerald Fischetti - Residential award; Mr. Jay Sauerwind, President of the Sand Pebbles Condominium Association - Multi- Family award; and Ms. Sarah Johnson, Owner of Maggie's Mini Nursery - Commercial award. NEW BUSINESS: 1. Motion Re: Appointment of interim City Attorney. Motion by Mr. Nicholas, seconded by Mr. Randels to appoint the firm of Potter, McClelland, Marks & Healy as Interim City Attorney at a rate of $75.00 per hour until a City Attorney was selected. Mayor Salamone thanked Mr. William Potter and his firm for agreeing to serve as Interim City Attorney. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pio Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Resolution No. 94 -47, Authorizing an agreement with the Brevard County Sheriff's Department to provide municipal police services for FY 94/95. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -47 for the level of service specified in the contract in the amount of $970,570. Mr. Boucher stated that the Sheriff's Department had provided a revised contract to him immediately prior to the start of the meeting. He explained that the revised contract provided that: "The Sheriff further agrees that there will not be more than one deputy assigned to Cape Canaveral at a time with less than one (1) year of experience ". Mr. Randels stated that "not more than one (1) trainee at a time" meant that Cape Canaveral could have a training position continuously. He wanted to also provide that the trainee would be in addition to the regular deputies. Mr. Nicholas stated that he understood that one (1) of the 17 deputies assigned to Cape Canaveral would be a trainee. Lt. George McGee, Cape Canaveral Precinct, explained that the training phase was 12 -18 weeks, once • certified the officer was placed in a patrol vehicle alone. He further explained the training program and he commented that in the event that the Cape Canaveral precinct did have an opening then they would only be allowed to have one (1) person who had completed the training r City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 3 phase who could be assigned to the Cape Canaveral precinct for a one (1) year period of time. Mr. Porter stated that he could agree to allowing only one (1) person with less than one (1) year's experience who would be assigned to Cape Canaveral for at least a one (1) year period. Mr. Nicholas felt that the wording in the contract would allow a continuous training program during the term of the contract and he did not feel that Cape Canaveral should be a training ground for the Sheriff's Department. He advocated limiting the provision to allow one (1) trainee only for the term of the contract. Mr. Potter, Interim City Attorney, suggested the following change to the language: "During the term of this contract only one (1) deputy with less than one (1) year's experience shall be assigned to duties in Cape Canaveral." Motion by Mr. Nicholas, seconded by Mr. Randels to amend the contract to include the wording in the contract as suggested by the City Attorney. Mayor Salamone questioned why Council did not want trainees in Cape Canaveral. Mr. Nicholas stated that the City was paying for fully experienced deputies to be on duty at all times and he spoke against allowing the precinct to become a training ground for all deputies. Mayor Salamone stated that the Council had previously agreed to the language which included the words "at a time" at an earlier workshop meeting. She stated that she did not have any problem with the language as presented in the agreement. There was further discussion regarding the amendment and the issue of having deputies with less than one (1) year's experience stationed in Cape Canaveral. Lt. McGee stated that if the proposed amendment was approved he would have to obtain approval from the Sheriff Department's administration. Mr. Porter commented that only one (1) trainee would be allowed in Cape Canaveral and that the person would be assigned to Cape Canaveral for one (1) full year; Lt. McGee agreed with Mr. Porter's interpretation. Motion failed on the amendment with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion carried on the main motion with members voting as follows: Mayor Salamone Mayor Pro Tem Porter Councilmember Berger Councilmember Nicholas Councilmember Randels For For For Against Against 3. Resolution No. 94 -48. Authorizing an addendum to the agreement for Fire Protection and Emer ' enc Medical Services with the Ca Canaveral Volunteer Fire D- . artment Inc. for FY 24191, • • City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 4 Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 94 -48. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Motion Re: Contract amendment with Hartman & Associates for reuse system design of Phases 2 & 3. Motion by Mayor Salamone, seconded by Mr. Berger to approve Authorization No. 3 with Hartman & Associates for the reuse system design for Phases 2 and 3 at a cost of $101,645. Mr. Boucher advised that the public hearing for the wastewater reuse system improvements and the State Revolving Loan funding was scheduled for November 1, 1994. Mr. Nicholas stated that he would have liked to have more time to review the contract. Mr. Randels spoke against the motion and he explained his reasons for same including that there was no data available regarding how much reuse water would be used in Phase 1, no data on how much water would be available for Phases 2 and 3, the possibility that the Department of Environmental Protection (DEP) may revoke the City's continuous wet weather discharge permit if the City indicated that it would be utilizing all of the water for irrigation (reuse), borrowing additional funds would cause an increase in the sewer rates for all residents, and that the City's engineers recommended that Phase 2 & 3 be completed at later dates as the water became available. Mr. Nicholas stated that the contract before the Council was for the design only of Phases 2 and 3. He advocated having the full design done as one project, not piecemeal. Mr. Porter stated that between the design and actual construction of the system many things could change that would impact the system. Mayor Salamone commented that the rate analysis showed that through the year 1997, it would mean an additional cost to the residents of $6.92 per year. She stated that in 1997, the residential sewage charge would be $17.79 and currently the statewide average was $20.94. She strongly supported designing the entire reuse system. There was a general discussion regarding the wet weather discharge permit and the reuse system in general. Mr. Nicholas questioned the $50,000 survey cost. Mr. Gary ReVoir, Hartman & Associates, stated that the surveys would be completed first and foremost, everything would be based on the existing conditions, and a lack of surveying would decrease the total quality of the design process. He explained that there were some concessions that could be done to slightly reduce the survey cost. Mayor Salamone stated that Authorization No. 3 included a "not to exceed r City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 5 $101,645" clause. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against Council directed the City Manager to prepare the necessary documents to request full funding of the reuse system through the State Revolving Loan Fund. 5. Motion Re: Interlocal agreement with Brevard County's Local Planning Assistance Program:! Motion by Mr. Nicholas, seconded by Mr. Berger to approve the interlocal agreement with Brevard County for Local Planning Assistance Program to be at a rate of $20.62 per hour to formulate the City's Comprehensive Plan update. Mr. Randels advocated that the Council • should have the ability to monitor the program and he asked for monthly progress statements. Council concurred with Mr. Randels' request for monthly progress reports. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Resolution No. 94 -51. Appointing a regular member to the Zoning Board of Adjustment. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Resolution No. 94 -51 appointing Ann Thurm as a regular member of the Zoning Board of Adjustment with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Resolution No. 94 -52. Appointing a regular member to the Library Board. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 6 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -52 appointing Joanna Atwood as a regular member of the Library Board with a term to expire on October 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Motion Re: Authorization to bid for City Engineering services. Motion by Mr. Nicholas, seconded by Mr. Porter to authorize the City Manager to solicit bids for City Engineering services. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. City Manager's Report. Mr. Boucher updated Council on the status of the negotiations with the union. He stated that the union had agreed to a three (3) year contract with the ability to open three (3) articles annually, and the Drug -Free Workplace requirements. He stated that Mr. Elmer Sevor had requested that the Council consider adding approval of the contract to the meeting's agenda. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add -on item to the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mayor Salamone, seconded by Mr. Porter to approve the contract between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673, as bargained by the City Manager. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher stated that Mr. Nicholas had inquired about four (4) cases that were listed on the Sheriff Department's monthly report and he distributed a response from Lt. McGee to each member of Council. Mr. Porter encouraged the resumption of the City's crime report in Florida Today; Lt. McGee stated that the crime information was given to the paper on a routine basis, but the paper did not always publish the information as submitted. Mr. Boucher distributed copies of the newly revised draft of the cable television franchise agreement between the City and Time Warner; the item would be included on October 18th's Council meeting agenda. r City of Cape Canaveral, Florida Regular City Council Meeting October 4, 1994 Page 7 PUBLIC COMMENTS: 1. Mr. Frances J. Kuhn. 102 E Central Boulevard. re: sewer /garbage fees. Mr. Boucher stated that Mr. Kuhn had advised that he would be unable to attend the meeting and had asked that he be rescheduled for October 18, 1994. DISCUSSION: 1. Mr. Nicholas questioned the procedural matter on the Council minutes of September 26, 1994, as discussed earlier in the meeting. Mayor Salamone stated that Robert's Rules of Order provided that it was allowable to amend such a resolution as long as it was read in its entirety. Mr. Potter stated that the minutes were confusing in that the last vote (on the main motion) was redundant and he further explained the procedures. Mayor Salamone stated that procedurally the actions were correct, but that the second motion could have been eliminated. 2. Mr. Porter stated that he had enjoyed speaking with the citizenry of Cape Canaveral during the day's primary election. 3. Mr. Randels commented briefly on the fact that the residents within the unincorporated area of the County, Avon -by- the -Sea, were paying higher taxes than the residents within the City of Cape Canaveral. 4. Mr. Randels stated that Brevard County had initiated a Drop & Swap Program for the disposal of hazardous waste and he explained the benefits of the program. 5. Mr. Randels distributed press packets from a seminar he had attended entitled "Weathering the Storm" to members of Council. ADJOURNMENT: There being no further business, the meeting adjourned at 8:18 P.M. Approved this 18th day of October , 1994.