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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. g \cityclk\minutes \regular \I99 %Al2- 02- 97.doc 1 1 1 City Council Regular Meeting Minutes December 2, 1997 Page 2 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. G: \CityClk\MINUTES\REGULAR \1997112- 02- 97.doc 1 1 1 City Council Regular Meeting Minutes December 2, 1997 Page 3 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 G: \CityClk\ MINUTES \REGULAR \1997\12 -02- 97.doc 1 1 1 City Council Regular Meeting Minutes December 2, 1997 Page 4 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 G :\CityClk\MINUTES\REGULAR \1997\12- 02- 97.doc 1 1 1 City Council Regular Meeting Minutes December 2, 1997 Page 5 • 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 G: \CityC1k\ MINUTES \REGULAR \1997\12- 02- 97.doc 1 1 1 City Council Regular Meeting Minutes December 2, 1997 Page 6 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 G: \CityClk\MINUTES\REGULAR \1997\12- 02- 97.doc Rocky Randels, MAYOR