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Home My WebLink About10-07-1997 Regular MeetingCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 7, 1997 7:00 P.M. MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pm Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Edward Gardulski Mayor Porter commended the Streets/Beautification Department for their special accomplishments and attitude toward their work. He related that they have been cheerful about taking on new projects and taking care of the trees and other projects since their installation or construction. He and Mayor Pro Tem Randels presented them with a plaque of Special Recognition for their outstanding performance with a burdensome workload. Present to receive the award were Scott Barker, Francis Daine, Timothy Davis, Cathy Dawson and Donald "Stormy" Evans. Public Works Director, Ed Gardulski, presented a collage of project photographs to Mayor Porter. The meeting recessed at 7:10 p.m. and reconvened at 7:12 p.m. CONSIDERATIONS: 1. (Tape 1, 295) 1997/98 Law Enforcement Contract. Major George McGee, Canaveral Precinct Commander, and Ms. Deborah Barker, Sheriffs Department Finance; were present to answer questions regarding the contract. 1 1 1 City Council Regular Meeting Minutes October 7, 1997 Page 2 City Manager, Bennett Boucher, reported that in Appendix B indirect costs were reformatted. Ms. Barker explained that the indirect costs are representative of 10- percent of operating and wages costs. Mr. Bruns queried, how the ten - percent was derived. Ms. Barker related that it is an industry standard. Mr. Petsos queried if the ten - percent indirect cost principle is applied to the Port as well. Ms. Barker related that it is not because the Port opted for a cost of living increase next year. Mr. Petsos queried why the city pays the cost of both the Major and Lieutenant, and yet the lieutenant is essentially based at the Port. Ms. Barker stated that the city receives more services than the Port. Mr. Randels expressed concern that the city will have no authority over the rank structure of the Canaveral Precinct. Ms. Barker stated that annual budget discussions and adoption would provide for city influence. Mr. Bruns expressed concern that Officer's benefit costs equal 50- percent of salary costs. Ms. Barker retorted that high -risk insurance is a major portion of the cost. Mayor Porter opined that next year would be better timing to consider a two -year contract because the new development and activity at the Port is likely to have an increased impact for police service needs. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the Law Enforcement Contract. The motion passed 5 -0, with voting as follows: Mr. Bruns; For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 2. (Tape 1,159') A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve the Local 673 International Union of Operating Engineers (AFL -CIO) agreement granting a 2.3% cost of living increase to all union member classifications, effective on October 1, 1997. The motion passed 5 -0, with voting as follows: Mr. Bruns; For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. RESOLUTIONS: 3. (Tape 1, 1743) Mayor Porter read Resolution No. 97 -36, Establishing a Reclaimed Water Connection Fee by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A RECLAIMED WATER CONNECTION FEE SCHEDULE FOR THE 1997 /98 FISCAL YEAR WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING FOR AN BF1 ECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No. 97 -36 with the following inserted: G: \CityC&\MINUTES \REGULAR \1997\10-07- 97.doc 1 1 1 City Council Regular Meeting Minutes October 7, 1997 Page 3 a) Single Family, Townhouse, Duplex And Triplex Unit $50.00 per unit b) Multi-Family-Apartment Complexes, Condominium Developments and Mobile Home Parks $200.00 for each required backflow device, or $100.00 for each existing backflow device installed by the property owner c) Commercial And Industrial $200.00 for each required backflow device, or $100.00 for each existing backflow device installed by the property owner SECTION 2. City Council shall annually review this reclaimed water connection fee schedule. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Bruns; For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. (Tape 1, 2598) Mayor Porter read Resolution No. 97 -32, Re- appointing Recreation Board Members. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve Resolution No. 97 -32, inserting the names: John Datillo, Marianne Kulac and Regina Mead as regular members and Richard Thurm, Jr. as an alternate member with terms to expire on October 1, 1999. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Bruns; For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARING ORDINANCE - SECOND READING 5. (Tape 1, 2636) Mayor Porter read Ordinance No. 11 -97, Vacating Port Road by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A PORTION OF THE PROPOSED RIGHT OF WAY EXTENSION OF PORT ROAD; RESERVING AN EASEMENT FOR PUBLIC UTILMES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to adopt Ordinance No. 11 -97. City Manager, Bennett Boucher, explained that the request was made by the abutting property owner and approved by the Planning and Zoning Board as all other abandonments along Port Road have been. Leo Nicholas, resident, related that Port Road was original called the Banana River Boulevard Extension. City Attorney, Kohn Bennett, G: \CityClk\M1NLTfES\REGULAR \1997\10- 07- 97.doc 1 1 1 City Council Regular Meeting Minutes October 7, 1997 Page 4 explained that every deed of record depicts the road as Port Road. The motion passed 5 -0, with voting as follows: Mr. Bruns; For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCE - FIRST READING 6. (Tape 1, 2876) Mayor Porter read Ordinance No. 13 -97, Sidewalks, by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 98 -92, STREETS, AND SECTION 119 \0 -475, SIDEWALKS REQUIRED, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE USE OF FIBERMESH IN SOME SIDEWALK AND DRIVEWAY CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Ordinance No. 13 -97 for second reading. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Bruns; For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. DISCUSSION: 7. (Tape 1, 3051 -Tape 2) Establishing Job Descriptions and a Pay and Classification Plan. City Clerk, Sandra Sims, explained that all job descriptions have been redeveloped to comply with the Americans With Disabilities Act and the Fair Labor Standards Act. The process began with employees completing a survey outlining all essential duties and physical requirements to perform their tasks. The data was transferred to a standard job description template and edited by the city manager, the respective department heads and finally by all department heads collectively on numerous occasions. Using the Florida League of Cities' Annual Survey, eliminating the high and low amounts from the minimum and maximum pay scales developed the Pay and Classification; the city manager then developed 15 classifications according to the salary rankings in the new salary survey. Mayor Porter queried if the city is retaining Wastewater Class A, B and C Operators. Mr. Boucher replied that this city is retaining operators, however, it is unknown why B and C operators do not pursue higher certification. Union employees are guaranteed pay increases when they achieve higher certification levels. Consensus was to defer discussion to a Workshop Meeting on November 18, 1997 at 5:00 p.m. Consideration: 8. (Tape 2, 190) A motion was made by Mayor Porter and seconded by Mr. Hernandez to approve a Cooperative Purchase in the amount of $13,035 to B & D Asphalt Service for the North \ \CAPE-N \ cage- nt\ cityclerk\ CityClk\ MINUTES\REGULAR\1997\10 -07- 97.doc 1 1 1 City Council Regular Meeting Minutes October 7, 1997 Page 5 Atlantic Avenue Sidewalk Project, to be funded by carry forward funds budgeted for 1996/1997. The motion passed 5 -0, with voting as follows: Mr. Bruns; For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. REPORTS: City Manager — Bennett Boucher • Mr. Boucher reported that the Washington Avenue beach end house demolition has progress as far as the property owner expects to. He related that the Florida Department of Environmental Protection would issue an action against the property when the city provides a survey. Mr. Boucher requested approval for the survey expenditure. Council concurred approving the survey cost. • Mr. Boucher reported that he met with representatives of the Department of Transportation, Stottler, Stagg & Associates and Brevard County regarding the A1A east -side pedway construction. He related that the only area of concern is at the corner of AlA and North Atlantic Boulevard along the guard rail area. • Mr. Boucher reported that the city would co- sponsor the Reindeer Run this year with the Space Coast Runners Association and United Way. • Mr. Boucher reported that the City of Cocoa endeavored to increase water rates without proper notice. He explained that they give notice and submit the issue again on December 1, 1997. • Mr. Boucher reported that recent reports indicate that the groundwater pollution previously shown in the city now shows no contamination. Council concurred that the city manager should have the 5 wells within the city tested for assurance. Audience Irvin Krause, resident _ • Mr. Krause related that the sidewalks on the west side of AlA are very bumpy. He suggested that future sidewalk construction should avoid the roughness of recently constructed ones. Glen Booker, Long Point Road • Mr. Booker stated that the playground is still being used and children are looking through home windows from the jungle gym. City Manager, Bennett Boucher, replied that the city is unable to respond due to active litigation on the property. Mayor Pro Tem — Rocky Randels • Mr. Randels reported that the old courthouse is being converted to a Juvenile Assessment Center. He related that the project is funded with grant funds and $3 court fees. He stated that the county would need first year funding assistance, which the city might consider. Council Member — Buzz Petsos No report. G: \CityClk\MINUTES\REGULAR \1997\10- 07- 97.doc 1 City Council Regular Meeting Minutes October 7, 1997 Page 6 Council Member — Tony Hernandez • Mr. Hernandez related that citizens should know that the city has received a $50,000 grant for purchasing the property at Long Point Park Council Member — Burt Bruns No report. Mayor — John Porter • Mayor Porter reported that smooth barked palms and ornamentals would be planted along North Atlantic Avenue at the October 25, 1997 volunteer project. He also reported that there would be a barbecue afterward in honor of "Make a Difference Day." ADJOURNMENT: There being no further business, the meeting adjourned at 9:20 p.m. G: \CityClk\MINUTES\REGULAR \1997110- 07- 97.doc Rocky 1Randels, MAYOR