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HomeMy WebLinkAbout09-05-1995 Regular MeetingI CITY COUNCIL REGULAR MEETING CITY HALL ANNEX TUESDAY September 5, 1995 7:00 P.M. NIINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Art Berger Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Present Mayor Pro Tem Randels Present Others Present: City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Treasurer, Deborah Haggerty Barker Sheriff's Department, Lt. Steve Salvo PROCLAMATIONS: Mayor Porter read the following proclamations: Commodore John Barry Day National Arts and Humanities Day CONSIDERATIONS: 1. Upon motion by Mr. Nicholas and seconded by Petsos, the Regular City Council Meeting Minutes of September 5, 1995 were approved with voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 2. A motion was made by Mayor Porter and seconded by Mr. Berger to approve the contract with Hartman & Associates for a Resident Project Representative to oversee the construction of the wastewater treatment plant expansion for a total amount of $72,000. The motion passed, with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, Against; and Mayor Pro Tem Randels, Against. Mr. Nicholas stated that the Council does not have the latitude to consider other alternatives or firms due to the time constraints. Extensive discussion ensued regarding the need for a threshold inspector on a part time basis versus a resident full time inspector. I Regular City Council Minutes September 5, 1995 Page 2 City Attorney, Kohn Bennett, opined that the documentation maintained by a full time inspector is the best insurance against any possible litigation that could occur. A motion was made by Mayor Porter and seconded by Mr. Nicholas to amend the main motion to extend the inspection contract to a full time, resident inspector. The motion passed by the following vote: Mr. Berger, Against; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem, Against. 10. Upon a motion by Mr. Nicholas, seconded by Mr. Berger and unanimously carried, Ordinance No. 25 -95 was considered out of order to accommodate Mr. Sargeant. Voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mayor Porter read Ordinance No. 25 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, ARTICLE II, FIRE PREVENTION CODES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD LIFE SAFETY CODE AND STANDARD FIRE PREVENTION CODE IN SECTIONS 38 -28 AND 38 -30; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, Ordinance No. 25 -95, Amending the Fire, Adopting the 1994 editions of the Life Safety Code and the Standard Fire Prevention Codes, was adopted on second reading. Voting was as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Nicholas to collect all permit fees from the contractor and apply them consistently as we have done to all other building fees. The following discussion ensued. Hartman Engineer, Gary Lockridge, stated that the wastewater treatment permit fees waiver was discussed in the pre -bid conference with City staff and it was answered by staff that permits would be applied for, however the fees would be waived. The contractor did not account for permit fees in the bid document. He stated that it was clear at the bidding procedures that the fees would be waived. Mayor Pro Tem Randels stated that the signature on the bid document, "all bid items shall include materials, labor, permit fees.." and in the original bid documents says that the contractor shall obtain all permits and licenses related to the work. Regular City Council Minutes September 5, 1995 Page 3 Mr. Lockridge stated that apparently the document was not scrutinized well enough before signing because it was a clear understanding made by the City Manager at the pre - bid conference that the fees would be waived. Mr. Boucher interjected " I didn't authorize it. I said that we would take a look at disposition of the fees. When we bid it out, the contractors came in here and asked what are the permit fees. We didn't have an answer. Permit fees are based on a dollar value. I had no idea what those fees were." Mr. Berger: "Jim didn't give them any budgetary figures over the telephone when the contractors called and asked him? Mr. Boucher: "Not that I am aware of." Mayor Pro Tem Randels stated that he considers the permit fees to have been a part of the contract because of the way the document reads. Mr. Boucher related that the issue is on the agenda for the City Council to make the determination of whether or not to waive the fees. He stated, "Like I said, I didn't authorize waiving the fees at the pre -bid conference. The question was raised, what are the fees. We didn't have an answer for everybody sitting in the audience and we decided we would take a look at it down the road once we knew. The permit fees are based on valuation and I didn't know what their bids were, so I couldn't tell them what their permit fees would be. One thing you can look at is disposition of fees if you want, one of the things you have to look at is, do you want to add this to the cost of the project and you don't want to finance it for twenty years. Some things you might want to pay out of pocket. One of those is permit fees and the others are minor change orders. " Mr. Lockridge stated that he does not know exactly what the contractor did in preparing the bid document, but to his recollection, the conversation led to the fact that permit fees were to be waived. There were no allowances established in the bid form and there were no line items in his schedule of values indicating an allowance for permit fees. So, he thinks it can be construed that the intuition was there that there was not to be permit fees. City Attorney, Kohn Bennett, stated that he had not reviewed the contract document in detail because it was introduced before his term. He reminded Council that Hartman is the City's representative saying that there was evidence that the fees may be waived, could be detrimental in the event of litigation. Mr. Petsos noted that there is a copy of an August 22, 1995 permit and asked, "Why are we so far behind ?" Voting was as follows not to waive the permit fees: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Upon a motion by Mr. Nicholas and seconded by Mayor Pro Tem Randels, to renew the Landscape Contract Service with Nick's Lawn Service, Inc. at a cost of $58,318 per I Regular City Council Minutes September 5, 1995 Page 4 year. The contract was approved with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 5. Upon a motion by Mr. Nicholas and seconded by Mayor Pro Tem Randels, to authorize the Mayor to execute an FDEP Recreation Grant Contract (nonmatch) of $50,000 for a new Ball Field Lighting System, Restroom Upgrades and Bike Way. The motion was approved with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Upon a motion by Mayor Pro Tem Randels and seconded by Mayor Porter all bids submitted on Bid No. 95 -02 were rejected with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 7. Mayor Porter read Resolution No. 95 -28 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING APPLICATION FOR A STATE REVOLVING FUND LOAN, FOR RECLAIMED WATER REUSE FACILITIES, PROVIDING ASSURANCES, ESTABLISHING PLEDGED REVENUES, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTHORIZING THE LOAN AGREEMENT, AND ESTABLISHING AUTHORITY TO UNDERTAKE THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, Resolution No. 95 -28 was adopted with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 8. Mayor Porter read Resolution No. 95 -29 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING TWO (2) MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mr. Nicholas and seconded by Mr. Petsos, Resolution No. 95 -29 was adopted with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCES - First Reading 9. Mayor Porter read Ordinance No. 24 -95. AN ORDINANCE OF Dili CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE IV, TELEPHONE, OF APPENDIX A, r Regular City Council Minutes September 5, 1995 Page 5 FRANCHISES, BY GRANTING TO BELLSOUTH TELECOMMUNICATIONS, INC., ITS SUCCESSORS AND ASSIGNS, PERMISSION AND THE RIGHT TO USE THE PUBLIC ROADS, STREETS, HIGHWAY, AND RIGHTS OF WAY OF THE CITY TO OPERATE AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY; SETTING FORTH CONDITIONS AND OBLIGATIONS ACCOMPANYING THE GRANT OF SUCH PERMSSION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Randels queried whether the City has received payment for Southern Bell's underground station and if they may owe us money. He further advised that we should have the option for transceivers for future technology incorporated into this ordinance. City Treasurer, Deborah Haggerty Barker is to research these matters for incorporation into this ordinance. No one from the public had a comment. Upon a motion by Mayor Pro Tem Randels and seconded by Mayor Porter, Ordinance No. 24 -95 was approved for second reading with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 11. Mayor Porter read Ordinance No. 13 -95 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110 -354, SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. No one from the public had a comment. Upon a motion by Mr. Petsos and seconded by Mayor Pro Tem Randels, Ordinance No. 13 -95 was approved 4 -0 for second reading. Voting was as follows: Mr. Berger, Abstained; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mr. Berger abstained from voting due to a potential financial interest and filed form 8B which is attached as an incorporation into the minutes. 12. Goals and Objectives Mr. Nicholas expressed concern that clarification is needed to identify the priorities of each goal and objective as established by the Council so staff will address the issues which are directed. Consensus was to workshop this item to prioritize the goals and objectives with costs identified. r Regular City Council Minutes September 5, 1995 Page 6 13. Police Service Contract Mr. Nicholas expressed concern about the direction we are taking in regard to our police contract services, particularly in light of the dispatch service issue. He suggested that the Council consider alternatives of contracting other agencies, such as the port, establishing our own department or other options that may be brought to light. City Manager, Bennett Boucher, responding to the question, "What would our level of service be if we eliminated our contract altogether, like the unincorporated areas," explained that if deputies were dispatched from Merritt Island, like "no mans land," they would go to the County Commission requesting to impose a .9 mill MSTU for our area. Mayor Porter suggested with consensus recommending that we continue this year as we have proposed in the budget and research other options for another budget year with a panel of citizens, Mr. Nicholas chairing the committee and make a recommendation to the Council. 14. Contracting Building Inspection Services Mr. Nicholas expressed concern with the backlash that the research for alternatives for building inspection services. He opined that the Building Department is crucial to the City's operation and that the people in this department are in more contact with the public than any other department and it would be a disservice to the public to have these people unavailable. He stated that maintaining the current operation of the Building Department supports the image that we are a city. Mr. Petsos stated that he concurred with Mr. Nicholas in regard to the role of the Building Department and through discussions realized that the affected building department employee was dismayed by the prospects of losing his job. Mr. Berger stated that the directive to contract building department services did not come from the City Council. He further related that this department is one of service which can not be delivered without people delivering those services. Mr. Boucher countered that his memorandum was clear to the Building Department that this research was based solely on investigating cost reducing measures to be presented to the City Council and that staff was aware that no Council action had been taken. Also, this research helps the department determine if they are competitive. Upon a motion by Mr. Nicholas and seconded by Mr. Petsos, to reject the concept of contracting for Building Inspection Services. The motion passed 3 -2 as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, Against and Mayor Pro Tem Randels, Against. r Regular City Council Minutes September 5, 1995 Page 7 Mr. Petsos interjected that the issue was presented in budget session and the Council should have rejected the concept of researching the issue at that time. He further stated that the City Manager should always continue researching cost saving measures, and present them to the Council before the investigation is implemented. Mayor Porter staunchly supported the City Manager's principles of researching for cost saving ideas and should not be required to report on those matters until the report is complete. Mayor Pro Tem Randels stated that the City Council has historically looked for the best ways of doing things and directives and impressions have been given the City Manager to continue seeking innovative ways of saving money and processes, such as in the Reengineering Concepts. 15. City Manager's Evaluation Mr. Nicholas stated that City Manager Boucher's evaluation was due in February and two Councilmen submitted written reviews. He expressed that it is time to culminate the evaluation inclusive of the verbal evaluations conducted in personal interaction with the City Manager in the form of a monetary increase or whatever. Mr. Petsos reiterated that he was not comfortable in February to perform an evaluation due to his length of tenure on the Council, however, there is no problem completing a written evaluation at this time. Mr. Nicholas related that in his verbal discussion with Mr. Boucher that he evaluated him satisfactory in most areas. He related that he does have one big problem which is in the Building Department area and his handling of the Building Official. Mr. Nicholas stated, "I don't think the Building Official was providing the best he could for the city and wondered if Mr. Boucher was aware and intended to take any action. Time marches on and I don't see any changes. I think this contracting of inspection services was maybe in answer to that. I don't think that's the right approach to the problem. If you have a personnel problem, you address that problem directly. You don't throw the whole baby out with the bath water. I don't think that's a good management practice. I think that in the area of generally looking at the city's financial operation, everything else seems like it's working satisfactory. But, I do have that serious problem." Mayor Porter expressed, "Mine is a matter of public record." Further, he opined that if he investigated the area of supervision of department heads thoroughly, then he felt he would not be doing his job as policy maker properly. Mr. Berger stated that he has interviewed every department head. Mr. Boucher's ability to organize documents, giving him credit for obtaining grants, the administration on the sewer plant and the hurricane is excellent. However, putting city staff second, and focusing on the city's best interest of management experience and expertise of delivering service to the public is of serious question. He related that he has been monitoring his I Regular City Council Minutes September 5, 1995 Page 8 concerns for over a year and delayed his written report to validate or eliminate his concerns with more data. Mr. Petsos stated that he had some of the same management concerns and one of the solutions may be going to some personal management classes to develop people skills. He stated that Mr. Boucher is an excellent financial administrator, however, needs to take some personal management classes. Mayor Porter stressed that the chaff be separated from the grain in these matters and that Mr. Boucher's performance not be focused on his deficiencies and that Council should remember that the City has run more smoothly in the past two years than in the past five or six years. A motion was made by Mr. Berger and seconded by Mr. Nicholas to relieve the City Manager of his duties. Mr. Petsos stated that if a vote of confidence were taken at this time, it would be low, but as far as a vote to dismiss, he expressed his desire to research further. Mr. Petsos made a motion table the issue and failed for lack of a second. Two members of the public made comments, one in defense of the City Manger for his retention and the other in support of the motion to terminate him. Mayor Pro Tem Randels stated that based on his observations and evaluation which is not perfect, that there are two sides which are good and bad. Mayor Porter stressed that in comparison to other cities in the county, the City of Cape Canaveral has been blessed for a while in being able to move forward, even with the ups and downs. He further stressed that the Council should work with Mr. Boucher to overcome any deficiencies to help him improve, not snipe from the side lines and go directly to him when there are messages that he needs improvements. He expressed his concern that the Council will regret the repercussions to the City if this action is taken. The motion to relieve Mr. Boucher of his duties was approved by a 3 -2 vote as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, Against; Mayor Pro Tem Randels, Against. Mr. Boucher commented, "I have been with the City fourteen and one half years and I have enjoyed my tenure with the City. I have always had the best interest of the City in my heart and always gave the City one hundred ten percent during those fourteen and one half years. Sure, this is the sunset of my career with this community, but I am proud of my accomplishments during my tenure and I am proud of the people that I work with. I am proud of my employees. Look at that board in the back of the room, we have done a heck of a lot this year and if I'm going out, I'm going out on a high, and I'm darned proud of it. Nobody can take that away. You can throw mud all you want, I'm proud of r Regular City Council Minutes September 5, 1995 Page 9 what my department heads have done and the pudding's in the proof and I thank God that I have good people that I came to work with and have known over the years, sure we may have had disagreements over issues. But, I think all in all if this is what you all want for the community, then so be it." Mayor Porter expressed his regrets and horror for the action taken. A motion was made by Mr. Nicholas and seconded by Mr. Berger for an add on item to the agenda for the purpose of appointing an Acting City Manager. The motion was approved as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. Consensus was to continue the meeting beyond 10:00 p.m. A motion was made by Mr. Nicholas to appoint Deborah Haggerty Barker as Acting City Manager. She however, declined. A motion was made by Mr. Nicholas and seconded by Mr. Berger to appoint the City Clerk as City Manager. The City Attorney referred to the City's Code of Ordinance, Sec.2 -102 requiring that the City Clerk execute the position of City Manager in the Manager's absence or sickness. She requested that the City Attorney communicate closely during the interim. The motion passed with voting as follows: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, Against, and Mayor Pro Tem Randels, For. ADJOURNMENT: 10:45 p.m. Sandra O. Sims, CMC CITY CLERK