HomeMy WebLinkAbout12-02-1997 Regular MeetingCITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 2,1997
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
OATH OF OFFICE:
CONSIDERATIONS:
Council Members Present
Burt Bruns
Joy Salamone
Mayor Pro Tem Buzz Petsos
Mayor 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
Council Members. Absent
Tony Hernandez
City Attorney, Kohn Bennett, administered the Oath of Office to Joy
Salamone, Council Member.
1. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the City
Council Regular Meeting Minutes of October 7,1997, with corrections made to the numbering.
The motion passed 4 -0 with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mayor Pro
Tem Petsos, For; and Mayor Randels, For.
A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the City
Council Regular Meeting Minutes of October 21, 1997, with corrections made on page 5 to
include the approval statement. The motion passed 4 -0 with voting as follows: Ms. Salamone,
For, Mr. Bruns, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For.
A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the City
Council Regular Meeting Minutes of November 6,1997. The motion passed 4-0 with voting as
follows: Ms. Salamone, For; Mr. Bruns, For, Mayor Pro Tem Petsos, For; and Mayor Randels,
For.
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2. (Tape 1, 214) The Juvenile Assessment Center Donation item was deferred to later in the
meeting to allow time for County Commissioner, Helen Voltz' attendance.
3. ('Pape 1, 240) A motion was made by Mayor Randels and seconded by Ms. Salamone to appoint
Burt Bruns as Voting Delegate/Director and Tony Hernandez as Alternate to the Space Coast
League of Cities. The motion passed 4-0 with voting as follows: Ms. Salamone, For, Mr. Bruns,
For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
4. (Tape 1, 378) City Manager, Bennett Boucher, displayed photos of the Lift Station 3 pipe in
disrepair. Mr. Petsos queried if there are preventative measures, which can be taken after the
repair. Public Works Director, Ed Gardulski, explained that the problem is with the Port sewage
sitting too long; the sewage needs to be moved. A motion was made by Mr. Bruns and seconded
by Ms. Salamone to waive Bid Procedures and Authorize Lift Station 3 Repairs to H &S
Construction, Inc. in the amount of $7,620. The motion passed 4-0 with voting as follows:
Ms. Salamone, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
5. (Tape 1, 727) City Manager, Bennett Boucher, explained that the wastewater treatment facility has
been experiencing flow surging of the treatment process. The surging creates some inefficiency
and a higher level of chemical treatment during a surge. He referred to the letter from Hartman &
Associates, Inc. which states that "the original design did not include variable frequency drives
(VFD) in an effort to lower the costs of construction." Therefore, requiring installation of VFD
controls for two (2) of the five (5) pumps. Public Works Director, Ed Gardulski, recommends
that the VFD Pump Controls be obtained by Sole Source Purchase, Ellis K Phelps & Co., in the
amount of $8,139.
Mr. Petsos opined that the $8,139 cost as it relates to the +$10 million original design costs is
poor judgement and should have been included in the original construction and should be
considered as a warranty issue. Mr. Bruns reiterated that this new expense within 18 months
does not indicate cost savings. Mr. Petsos stated that Hartman should be aware of Council's
dismay at this issue. He also queried if impact fees could be used for this purchase. City Manager
Boucher responded that they could. Ms. Salamone opined that this issue should be addressed
face -to -face with Hartman at the December 16, 1997 meeting or January 6, 1998 if necessary.
Council concurred. A motion was made by Ms. Salamone and seconded by Mr. Bruns to table
the issue until Hartman & Associates, Inc. representatives can be present. The motion passed 4 -0
with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and
Mayor Randels, For.
6. (Tape 1,1043) City Treasurer, Andrea Bowers, explained the need for a systems manager. A
motion was made by Mr. Bruns and seconded by Ms. Salamone to approve the Management
Information Systems (MIS) Temporary Employee, through December 1998. The motion
passed 4 -0 with voting as follows: Ms. Salamone, For; Mr. Bruns, For, Mayor Pro Tem Petsos,
For, and Mayor Randels, For.
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RESOLUTIONS:
7. (Tape 1, 1458) Mayor Randels read Resolution No. 97 -42 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING ONE (1) DELEGATE AT LARGE TO THE LOCAL PLANNING AGENCY
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Bruns and seconded by Mayor Randels to approve Resolution
No. 97-42, appointing Joy Salamone to the Local Planning Agency. The motion passed 4 -0
with voting as follows: Ms. Salamone, For, Mr. Bruns, For; Mayor Pro Tem Petsos, For, and
Mayor Randels, For.
PUBLIC HEARING
ORDINANCE - SECOND READING
8. (Tape 1, 1604) Mayor Randels read Ordinance No. 15 -97 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 50, OFFENSES AND MISCELLANEOUS PROVISIONS, BY ADOPTING A
NEW SECTION 50-4, OVERNIGHT CAMPING PROHIBITED, BY PROVIDING FOR THE
PROHIBITION OF CAMPING WITHIN THE STREET RIGHTS OF WAY, BEACH ENDS AND DUNE
CROSSOVERS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 15-
97. Ms. Salamone queried if this ordinance would not disallow camping at ballparks. City
Attorney, Kohn Bennett, explained that the ordinance closing the parks already disallows
camping. However, he opined that all references to the term overnight should be stricken
from the ordinance.
A motion to amend Ordinance No. 15 -97 by striking all references to overnight was made
by Mayor Randels and seconded by Ms. Salamone. The amending motion passed 4 -0 with
voting as follows: Ms. Salamone, For; Mr. Bruns, For, Mayor Pro Tem Petsos, For, and Mayor
Randels, For.
The main motion passed 4-0 with voting as follows: Ms. Salamone, For; Mr. Bruns, For, Mayor
Pro Tem Petsos, For; and Mayor Randels, For.
DISCUSSION:
9 (Tape], 1868) The Ball Park Concept discussion was postponed due to Mr. Hernandez'
absence.
2. (Tape 1, 1874) Mayor Randels explained the options presented by Commissioner Voltz for
contributing to the Juvenile Assessment Center. Mr. Petsos opined that the fairest option
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is the pro rata share according to city population within the county rather than the number
of youths arrested in the city. Council concurred. A motion was made by Mr. Bruns and
seconded by Ms. Salamone to approve Option No. 1 based on population in the amount of
$848. The motion passed 4 -0 with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mayor
Pro Tem Petsos, For; and Mayor Randels, For. Commissioner Voltz arrived after the decision
was made, however, did more fully explain the concept of the Juvenile Assessment Center. Mr.
Petsos requested that Commissioner Voltz re- introduce the bicycle helmet law to the County
Commission. She responded that she would present the objective for re- consideration.
REPORTS:
City Manager — Bennett Boucher
• Mr. Boucher reported that he would not attend the 12/16 Council Meeting. He will be out of
state.
• Mr. Boucher reported that the Port approved the Internal Trust Fund Land Lease
Agreement for the property at the northwestern end of the city ($1)
• Mr. Boucher stated that Council might discuss the C -2 ordinance at the 12/16 meeting,
however, it will not be considered as a transmittal ordinance until after the first of the year to
avoid extra advertising expense if changes are recommended.
• Mr. Boucher reported that the Public Works Director has applied for the SJRWMD grant
for continued reuse installation ($100,000)
• Mr. Boucher reminded Council that the Space Coast League of Cities Christmas Meeting is
next Monday at PAFB.
• Mr. Boucher reminded Council that the Chamber of Commerce Wednesday Friendsday
would be held 12/3 at the Port, Terminal 10.
• Mr. Boucher reported that he met with Port representatives and the sand bypass project bid
opening is scheduled for 12/15, construction to begin 1/5 and finish 5/15/98. Did not know
where it would start and finish or how much.
• Mr. Boucher reminded Council that the Reindeer Run to benefit United Way scheduled for
12/13 at gam.
• Mr. Boucher showed the new City of Cape Canaveral marketing video.
Audience
None
City Clerk — Sandra Sims
No report.
City Attorney — Kohn Bennett
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• Mr. Bennett reported that Council had not contacted him regarding the Long Point Park issue
and that he must have a response submitted by Friday, December 7, 1997.
Mayor Pro Tem — Buzz Petsos
• Mr. Petsos queried what action has been taken in regard to the Race Trac landscaping issue?
Mayor Randels responded that he personally talked to local representatives and former
Mayor, John Porter telephoned the corporate headquarters in Atlanta. They have agreed to
redo the north end and A1A frontage.
• Mr. Petsos queried if the well testing has been done on the northern border of the city in
conjunction with the contamination report performed for the Port Authority. Mr. Boucher
responded that it has not been done, but would be right away.
• Mr. Petsos stated that the original pedestrian bridge design called for benches. He queried if
the city received a rebate for their omission. Public Works Director, Ed Gardulski, responded
that the benches conflicted with handrails, therefore, benches were installed with recycled
fabrication for added safety.
• Mr. Petsos queried when the article on sewer rates would be published. Mr. Boucher
responded that it would be done next week.
• Mr. Petsos reminded Council that the Space Coast League of Cities Christmas dinner will be
held at the Patrick Air Force Base Officers' Club on December 8, 1997 at 6:30 p.m.
Council Member — Burt Bruns
• Mr. Bruns requested that the Community Appearance Board be placed on the next agenda
to review their status and progress as a new board.
• Mr. Bruns queried about the status of the Washington Avenue beach end house. Mr.
Boucher responded that the state has sent notice to the owners to remove the debris. Mr.
Bennett reported that Mr. Applegate queried him in regard to the city cost sharing for its
removal. Council concurred that the city has no responsibility for sharing in the cost for
removing the structure.
Council Member — Joy Salamone
• Ms. Salamone stated that Styrofoam cups should not be used; the city should use paper.
• Ms. Salamone stated that she would be unable to attend the December 16, 1997 meeting due
to prior commitments.
Mayor — Rocky Randels
• Mayor Randels reported that the International Baccalaureate Program that the city helped
fund has received certification to continue.
• Mayor Randels queried about the status of the Banana River Park for which the city has
received a $795,000 grant to purchase 7 acres. Mr. Boucher reported that the property
owner, Shuford Mills, is developing a master plan for their entire property along the river and
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has not reached a conclusion for selling the 7 acres. He stated that the city may apply for an
extension of the grant.
There being no further business, A motion was made by Ms. Salamone and seconded by Mr.
Bruns to adjourn the meeting at 8:45 p.m.
Sandra Rozar Sims, CITY CLERK
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Rocky Randels, MAYOR