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HomeMy WebLinkAbout01-03-1995 Combined Workshop and Regular MeetingCITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING January 3, 1995 A Combined. Workshop and Regular Meeting of the Cape Canaveral City Council was held on January 3, 1995,4 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:01 P.M. by Mayor Pro Tem Randels. ROLL CALL: Mayor John Porter • Absent Mayor Pro Tem Rocky Randels Present Councilmember Art Berger Present Councilmember Leo Nicholas Present Councilmember Buzz Petsos Present City, Manager Bennett Boucher Present' s City Attorney, ,, Kohn Bennett Pre y Acting Deputy City Clerk Susan Stills Present OPT.I.O 1NUTES:: 1. ity Council Combined' ..orkshop and Regular Meeting Minutes of December.20, .994. p. Mr. Petsos requested a correction to the minutes of the meeting that reflected Mr. Berger, who was absent, as having voted and Mr. Petsos, who was present, was omitted from the voting. Motion by MO Petsos, seconded by Mr. Randels to approve the minutes of the Combined rkshop and Regular Meeting of December 20, 1994 as amended. Motion carried, with 'members voting as follows: Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. NEW BUSINESS: 1�. Interv" .t .Y of Prospective Board Member. Mr. Kohn Bennett, City Attorney, directed questions to Mr. John Dattilo regarding his interest in serving on a City Board. Mr. Bennett informed Mr. Dattilo that there were no positions .mailable on the Library Board whi• was his first choice and questioned if Mr. Dattilo would Be. willingrve on the Recreati:iard. Mr. Dattilo responded affirmatively. Mr. Randels directed the °city Clerk to prepare a resolution for the next Council meeting to appoint Mr. Dattilo to the'Recreation Board. Mr- Berger requested that the Library Board notify Mr. Dattilo should a vacancy become available. 2. Resolution No. 95 -01, Appointing an alternate member to the Beautification Board. Mayor Pro Tem Randels read the title of the Resolution. RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, ORIDA; APPOINTING AN ALTERNATE MEMBER TO THE BEAUTIFICATION City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting January 3, 1995 Page 2 BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Petsos to adopt Resolution No. 95-01 for the appointment of Nancy Young as an alternate member of the Beautification Board with a term to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 3. Resolution No. 95 -02. Appointing two (2) alternate members to the Code Enforcement Board. Mayor Pro Tem Randels read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO (2) ALTERNATE MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Resolution No. 95-02 for the appointment of Donna Boone as the First alternate member and Tony Hernandez as the Second alternate member of the Code Enforcement Board with terms to expire on October 1, 1997. Mayor Pro Tem Randels clarified that Ms. Boone would be filling the Citizen -at -Large capacity and Mr. Hernandez would be filling the Business person capacity since the Code Enforcement Board was comprised of members from various roles. Motion carried with members voting as follows: Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 4. Resolution No. 95 -03, Appointing one (1) regular and one (1) alternate member to the Board of Adjustment. Mayor Pro Tem Randels read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE (1) REGULAR AND ONE (1) ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mr. Randels asked Mr. Boucher to provide Council with new information regarding the resolution. Mr. Boucher explained that Ms. Rigerman could not be moved up from her alternate position to the regular position. He had spoken to Helen Jones with the Commission on Ethics in Tallahassee and was told that before December 31, 1994, Ms. Rigerman could be appointed City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting January 3, 1995 Page 3 to any position on the Board of Adjustment. However, the law changed as of that date and she must remain in her alternate position until her term expired or until Mr. Nicholas was no longer a member of Council. Mr. Berger asked which new law made this change. Mr. Boucher explained that the Ethics law was amended last May and in cities with a population of less than 35,000 the spouse of a Council member could not be appointed to a Board that involved land use issues, such as, Planning & Zoning Board, Local Planning Agency, or Board of Adjustment. Mr. Berger questioned if Ms. Rigerman could be reappointed when her term expired. Mr. Boucher said that she could not be reappointed as long as Mr. Nicholas remained on Council. Motion by Mr. Petsos, seconded by Mr. Nicholas to adopt Resolution No. 95 -03 for the appointment of Joan Calvert as a regular member to the Board of Adjustment and to delete the first alternate Section from the resolution. Motion carried with members voting as follows: Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 5. Resolution No. 95 -04, Expressing support for House Bill 5 Relating to Access to Local Public Officials. Mayor Pro Tem Randels read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; EXPRESSING SUPPORT FOR HOUSE BILL 5 RELATING TO ACCESS TO LOCAL PUBLIC OFFICIALS BY ALLOWING EX PARTE CONTACT WITH PUBLIC OFFICIALS REGARDING THE MERITS OF ANY MA'T'ER ON WHICH ACTION MAY BE TAKEN BY ANY BOARD OR COMMISSION ON WHICH THE LOCAL PUBLIC OFFICIAL IS A MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Petsos to adopt Resolution No. 95 -04. Mr. Randels asked Mr. Petsos to provide background for the motion. Mr. Petsos explained that currently any Council member or Board member was excluded from discussing construction development with citizens or developers. The bill appeared to have support in both the House and the Senate. If the bill passed, local officials could legally discuss development with citizens and developers and visit construction sites. Mr. Randels spoke in favor of the bill saying that it was embarrassing not to be able to discuss construction issues around the City with citizens, or for a developer to question Council or Board members and be told that the activities could not be discussed. Motion carried with members voting as follows: Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 6. Discussion and Motion Re: Award of Bid No. 94 -07 Concerning Tower Blvd. Paving and Drainage. Mr. Nicholas asked what area the 365' encompassed. Mr. Randels explained that the area included the current western end of the existing Tower Blvd. near Cape Sierra extending City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting January 3, 1995 Page 4 approximately 365' west toward the wastewater treatment plant. Mr. Nicholas asked if the road extended to the wastewater treatment plant and Mr. Randels said that it did not. Mr. Berger spoke in favor of the project and suggested that Council take staff's recommendations and move forward with paving the road. Michael Gluskin, Public Works Director, said that his recommendation was not to accept the bid. Mr. Berger commented that there was an issue of $8,600 that needed to be resolved before the project could go forward and he wished to pursue the project with the owner paying the $8,600. Mr. Nicholas asked if the $8,600 difference was what the City engineers estimated for the cost of the project and what was received as the low bid. Mr. Berger answered that the difference was the average of the bids and what the engineers had estimated. Mr. Gluskin stated that the engineers estimated the job to cost approximately $32,500 and the lowest bid received was approximately $43,000. He explained that the engineers felt the project should fall within a range of $30,000 to $39,000, the $8,600 sum was derived from the average of the range subtracted from the low bid. Mr. Berger asked what was the amount of the disallowed bid received by FAX from Gunnstruction. Mr. Gluskin responded that the bid was approximately $47,000. Mr. Nicholas expressed his concern regarding paving a road that did not benefit City employees, but did benefit the developer. He maintained his position that it was the responsibility of the developer to provide the infrastructure needed to service the intended development. Mr. Berger expressed that the former developer of the property in question was led to believe that if power lines and utilities were moved and the easements vacated at the owner's expense, then Tower Blvd. would be paved at the City's expense. Ms. Rigerman questioned if a Board member had a right to commit the City to such an expense. Mr. Berger stated that it was not a commitment only a mutual understanding. Discussion followed on concerns with paving the road before construction of the wastewater treatment plant expansion. Mr. Petsos questioned the history of the Tower Blvd. issue. Mr. Boucher explained that Council's initial intention had been to upgrade the east -west 360' portion of Tower Blvd (stabilize the roadway). Later, a decision was made to pave the entrance to the road and the City solicited bids after it received the City engineers' project cost estimate of approximately $32,000. Mr. Berger stated that Council had hoped to receive a bid lower than the estimated $32,000, however, the bids came in substantially higher. Mr. Randels questioned if the developer of the road would be willing to contribute the portion of the amount that was over the bid amount. Mr. Petsos asked the City Attorney if something could be drafted by way of a partnership agreement. Mr. Bennett stated that an ordinance could be drafted with the condition that the developer place the funds in trust prior to the acceptance of the bid. Mr. Randels questioned if a motion could be made that would allow a contingency for the developer to put up the additional funds. Mr. Bennett said that a motion could be made contingent upon the developer entering into a written contract with the City which provided for an escrow of the funds necessary. Mr. Boucher agreed with the Public Works Director and the City engineers in not awarding the low bid at 125 % of the engineer's estimate. He felt that it City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting January 3, 1995 Page 5 would save tax dollars to perform the entire project when it was scheduled instead of completing it in segments. Discussion followed on the possibility of completing the project in its entirety or requesting the $8,600 from the developer to complete the segment under discussion. Mr. Mark Perah, Purchasing Agent with Johnson Controls World Services, questioned if Council had negotiated any of the terms in discussion with the developer. Mr. Randels addressed Mr. Ali Tezel and asked if Council were speaking prematurely regarding his agreement to pay the funds in discussion. Mr. Tezel said that he would be more than willing to pay the $8,600 to expedite a project that was already overdue in completion. Mr. Gluskin stated that the bids received were on a price per unit basis and it was possible that more or less materials would be needed and then the price would be adjusted accordingly. He said that it was not a fixed bid, therefore Council should ask that Mr. Tezel's contribution be on a percentage basis. Mr. Berger asked Mr. Gluskin if he thought the bid amounts would be lower in one or two years. Mr. Gluskin could not say that they would be lower at a later date. Mr. Perah commented that through his experiences he found that cost for time and materials seldom decreased. Mr. Berger stated that this project was not based on time and materials, but quantity of materials. Mr. Randels said that this circumstance was ongoing and felt that a certain amount of obligation was owed after the City's word was given by any person who acted on behalf of the City to say that the road would be paved. Mr. Nicholas said that after the initial commitment was made, the City then proceeded to construct Tower Blvd., however, Council chose not to allocate money for the project at that time. He said that the road discussed for paving was from Central Blvd. to the wastewater treatment plant and the City did not have the funds available. Mr. Berger asked if the cost for the project in discussion would be less with the developers funding. Mr. Nicholas questioned if the City had the funds available or would it be taken from the contingency fund. Mr. Boucher advised that funds appropriated for the project would come from reserves. Mr. Berger stated that the $8, 600 calculated to approximately 24.93 % and based on that percentage a motion could be made based on the contingency that if the price of the materials increased or decreased that the contractor would still pay 24.93% of the total cost of the project. Mr. Bennett asked if the proposition in question was the $8,600 or that the most the City was willing to pay was $34,500. Mr. Berger expressed that the fair manner was to use the percentage. Mr. Randels clarified the discussion by stating that the motion was for the Council to accept the low bid contingent upon Mr. Tezel placing in escrow for the City the amount of money equivalent to $8,600 towards the project or a percentage based on 24.93% if the price of materials or the contract increased. Mr. Bennett further clarified that the contract would also provide: "contingent upon executing a contract with the City, the terms of which provide for the deposit in escrow in the sum of and together with increased costs paid at a percentage of". He stated that the contract would also provide that should the costs not be paid by the developer at the end of the contract, then the City would have lien rights against the property. Mr. Bennett stated that he would prefer that the Council used: "conditioned upon entering a contract to be prepared by the City Attorney's office rather than just the depositing ". City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting January 3, 1995 Page 6 Motion by Mr. Berger, seconded by Mr. Petsos to award the bid to the low bidder, JoBear, Inc., in the amount of $43,102.15, contingent upon the City entering into a contract to be prepared by the City Attorney's office with the developer for the payment in escrow of 24.93% of the total cost of the project. Mr. Petsos questioned which amount was utilized to determine the 24.93 %. Mr. Berger said that 24.93 % was a percentage of $34,500, which subtracted from the low bid figured out at $8,600 based on the acceptance of the low bid. Mr. Randels asked Mr. Tezel if the motion as it stood with him paying more should costs increase or less if costs decreases was acceptable to him. Mr. Tezel was in agreement with the contract based on a percentage basis. Motion carried with members voting as follows: Mayor Pro Tem Randels For Councilmember Berger For Councilmember Nicholas Against Councilmember Petsos For Mr. Bill Young, Discovery Bay Development, Inc., asked when the low bidder would be notified. Mr. Bennett stated that due to the conditional terms of the contract and the deposit required that the contract would not be in effect until fully executed, therefore, the low bidder would be notified after the conditions were met. 7. City Manager's Report. Mr. Boucher stated that the City had received its Florida Department of Environmental Protection reuse construction permit. He had spoken with Gary ReVoir, Hartman & Associates, who would prepare a new project schedule for the wastewater treatment plant and reuse design. Mr. Boucher questioned if the City's Goals and Action Plan was in the final format for distribution to the Boards. Mr. Randels stated that Mayor Porter may want to review the items once more. Mr. Petsos commented that the Section on Public Safety, Page 5, Goals 3.1, Letters N and 0 may need to be reworded to reflect that community CPR classes and enhancement of life saving capabilities were ongoing and that the words "continue to" may more adequately stress that these items were already in effect. Mr. Randels commented that a review of the City's Goals and Action Plan with all Councilmembers present may be in order, however, Mr. Boucher expressed that the Mayor wished to have the Plan go forward in his absence. The Plan was accepted with Mr. Petsos' suggested changes to the Public Safety Section. Mr. Boucher said that notices had been sent to the beachside condominiums regarding the sand transfer project, also the Florida Today Tribune would be publishing an article on the project and the Port Authority would also be doing a press conference. Mr. Randels commented that he had spoken with Petie Davis, Canaveral Sands, and he was scheduled to meet with their condominium association regarding the extent of the project's activity. Mr. George Allen noted that 18 months ago sand was delivered to the beach along the area two (2) blocks past Jefferson City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting 410 January 3, 1995 Page 7 Avenue to Polk Avenue and he asked what had happened to the sand. Mr. Randels explained that the Port had hauled sand in December, however, the sand had washed away. Mr. Allen suggested that the City follow the Jetty and float in coquina rock to provide a bulkhead for the sand. Mr. Boucher announced that the City had received Christmas cards from its sister cities in Switzerland and Portugal. DISCUSSION: Mrs. Stills said that the City Clerk, Ms. Faith Miller, was not present at the meeting due to the passing of her brother in Michigan. Council expressed their condolences. Mr. Nicholas asked that discussion regarding Councilmember's areas of interest be placed on the next workshop meeting agenda. Mr. Petsos asked Mr. Randels about his request for a grant for a greenway on A1A. Mr. • Randels explained that there was a possibility of grant funds available for landscaping needs on North A1A. Mr. Petsos was concerned that Mr. Boucher's efforts to have some businesses along A1A install sidewalks may be affected by the greenway planting. Mr. Nicholas stated that the zoning ordinance stated that a sidewalk would be constructed at the time of development. Mr. Nicholas expressed that the A1A area needed to be addressed through planning efforts and he asked that planning capabilities be emphasized with the soon to be hired City engineers. Discussion followed on pedestrian access on developed property in light of installing landscaping. Mr. Nicholas expressed a need for more suitable screening of the dumpsters outside Purcell's Carpets and Ocean Carpets. After the holiday season, the contents of the dumpsters were highly visible. He was concerned that due to future development in that area, Council may want to set a precedent now. Mr. Boucher suggested additional waste pick-ups. Mr. Randels asked that paving of the portion of Tower Blvd. to the wastewater treatment plant be placed on a future agenda. Mr. Berger suggested that the subcontractor of the parking lot area in the sewer plant that was scheduled for improvement may want to capitalize on the paving of the road. Mr. Nicholas asked if such a project could be included as an extension of the existing wastewater treatment plant contract. Mr. Bennett said that the contract had already gone out. Mr. Nicholas requested that Mr. Bennett inform Council at the next workshop if changes to the wastewater treatment plant contract could be made. • Mr. Randels said that he had attended a gift reporting class which outlined the amounts elected officials could receive as a gift. Mr. Randels said that anything over $25.00 must be declared by the sender of the gift and reported by the recipient. City of Cape Canaveral, Florida Combined Workshop & Regular City Council Meeting January 3, 1995 Page 8 Mr. Randels commented that recycled plastic was in short supply and the problem was a foreseeable crises for plastics groups. Mr. Berger added that a similar dilemma existed in the steel industry with approximately 77% of steel products being recyclable. Mr. Berger asked about the outcome of the Space Coast League of Cities' Christmas gift exchange with the City of Malabar. Mr. Randels stated that a slide show was presented of the City of Malabar which showed several unusual items in their city. He said that Malabar was pleased with their gift. ADJOURNMENT: There being no further business, the meeting adjourned at 8:30 P.M. Approved the 17th day of January , 1995. • Rocky Randels, MAYOR PRO TEM ATTEST: E.; 3 a! ido44 aCl/r Susan Stills,)ALCTANG DE11PTY CITY CLERK f 3