HomeMy WebLinkAbout10-05-1999 Regular Meeting1
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
October 5, 1999
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Richard Treverton
Tony Hernandez
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Council Members Absent
Burt Bruns
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
City Treasurer, Andrea Bowers
PRESENTATIONS:
Tem Bracher, 45th Space Wing Department of the Air Force, Environmental
Specialist spoke regarding the Air Force involvement in environmental cleanup
activities mandated as a result of lax regulations 30 years ago. The Keystone
Commission mandated that a restoration advisory board act as liaison with the
military and communities adjacent to the military installations. There have been
between 80 -100 sites identified. A lot has been accomplished through remedial
action. There are 19 members, only one is a military member on the committee. It
is a community committee based on diversity. The primary criterion is that each
community has at least one member. Ms. Bracher reported that Cape Canaveral
no longer has a member since Art Berger resigned, and they are soliciting a
member. There is one meeting per quarter on the first Tuesday of that month. Mr.
Hans Saurenmann requested another application, as he was not selected
previously in 1995.
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Cape Canaveral City Council
Regular Meeting Minutes
October 5, 1999
Page 2
CONSIDERATIONS:
1. (506) A motion was made by Mr. Hemandez and seconded by Mr. Petsos to
approve the City Council Regular Meeting Minutes for September 21, 1999,
the Special Meeting Minutes to Adopt the Tentative Millage and Budget for
September 8, 1999, and the Special Meeting Minutes to Adopt the Millage
Rate and Final Budget for September 20, 1999.
The motion passed 4 -0, with voting as follows: Mr. Treverton, For; Mr.
Hemandez, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
2. (561) Collective Bargaining Agreement with the International Union of
Operating Engineers, Local 673 (AFL -CIO)
Mr. Hemandez strongly recommended adding Veterans Day as a paid holiday.
He stated that Veterans Day should be recognized and city employees deserve
the benefit. He related that providing the holiday gives more in terms of morale
which effects productivity. Mr. Petsos is concemed with continually adding
holidays while we are above the national average of ten.
Ms. Sims, City Clerk /Human Resources Director opined that after conducting
research since the last meeting, it became evident that the cost for providing
the holiday is minimal, if there is an actual additional cost. Overtime for
wastewater treatment operators and Recreation department employees are the
only additional expenses, less the cost of operating for the day. Further, most
of the general public historically assumes that City Hall is closed and public
activity is nearly nonexistent. Thus, the service our public expects would be
essentially the same. Meaning that the inconvenience of not receiving
expected services would not be an issue. The Recreation Department is open
during all holidays.
Mr. Treverton spoke in support. Mr. Leo Nicholas spoke in favor of adding the
paid holiday mainly because of employees wanting to participate in some of the
veteran's commemorative activities. It would be doing employees and veterans
a favor. The costs saved from lack of business that day are also a factor.
A motion was made by Mr. Hemandez and seconded by Mr. Petsos to approve
the Collective Bargaining Agreement as presented and include Veterans Day
as the twelfth holiday.
The motion passed 4 -0, with voting as follows: Mr. Treverton, For, Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
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Cape Canaveral City Council
Regular Meeting Minutes
October 5, 1999
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3. (1223) Bid Award — RFP #99 -03, Reuse Water Project Phase III Extension
Mr. Gardulski explained the bid results as reviewed by he and Mr. Pekar of
SSA. References have been checked and they recommend awarding the bid to
Carl Hankins.
A motion was made by Mr. Hemandez and seconded by Mr. Petsos to award
Bid #99 -03 to Carl Hankins, the low bidder in the amount of $279,592.60. Mr.
Petsos clarified that restoration costs are included.
The motion passed 4 -0, with voting as follows: Mr. Treverton, For; Mr.
Hemandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
4. (1395) Evaluation and Design of Sewage Lift Station #4
Public Works Director, Ed Gardulski explained that this is the last canned
station to be upgraded and the capacity will also be evaluated. Mr. Pekar
explained that tasks one and two are highly defined and work could potentially
stop after task two is the reason for the "no more than" clause in the proposal.
He further explained the hours. Permitting is the only area of previous work
done that will be able to be carried forward. Refurbishing does means that
some elements of the station could be salvaged. Council concurred that they
want the lift station designed to be without flaw and upgraded to the best
possible level. Mr. Saurenmann opined that it would be more efficient and cost
effective to have a new lift station. Mayor Randels explained that the design
has to be done regardless. Before a bid can be let, specifications for the lift
station would be required. Mr. Petsos opined that the proposed cost for design
is too high.
A motion was made by Mr. Hemandez And seconded by Mr. Treverton
approve the Evaluation and Design of Sewage Lift Station #4 as proposed by
Mr. Gardulski.
The motion passed 3 -1, with voting as follows: Mr. Treverton, For; Mr.
Hemandez, For; Mayor Pro Tem Petsos, Against; and Mayor Randels, For.
5. (1979) Design of Phase IV - Reclaimed Water Program
Public Works Director, Ed Gardulski explained that the City is about a year
behind with the reclaimed water program. He recommended constructing a
new trunk line to tie in from North of Eberwein to Central for the industrial park
and the properties on the west side of Atlantic Avenue. Council concurred that
the loop appears to be a good concept. Clarification was given that Briley Wild
Engineers prepared a feasibility study for the City; Hartman and Associates did
the conceptual design. This engineer design would have all underground
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Cape Canaveral City Council
Regular Meeting Minutes
October 5, 1999
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utilities detailed, which were not in the previous design making existing utilities
locations extremely difficult. It will eliminate many problems that were
encountered before. Mr. Pekar stated that the first baffle box would be
constructed in the Canaveral Ditch (creek).
A motion was made by Mr. Hemandez and seconded by Mr. Petsos to approve
the Design of Phase IV of the Reclaimed Water Program, not to exceed
$22,000.
The motion passed 4 -0, with voting as follows: Mr. Treverton, For; Mr.
Hemandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
6. (2466) City Manager Boucher explained that the Redevelopment Plan is a
good document and will help in obtaining grant funds in the future. Mayor
Randels recommended inserting on page 3, the promotion of arts and cultural
activities after the word "themes."
A motion was made by Mr. Hemandez and seconded by Mr. Treverton to
approve the Redevelopment Plan including the promotion of arts and cultural
activities after the word themes.
The motion passed 4 -0, with voting as follows: Mr. Treverton, For Mr.
Hemandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
7. (2693) Amendment to the 1988 Local Option Gas Tax Interlocal
Agreement
Mayor Randels explained that this amendment is not the extra three -cents that
was discussed earlier in the year. Mr. Boucher explained that the only
amendment extends the current gas tax for an extended term of twenty years.
Mr. Petsos queried what the funds are proposed to accomplish? Mr. Boucher
responded that there is a County plan. He stated that only 50- percent of the
cities' population are required to approve for the tax to be approved. Mr.
Saurenmann opined that the tax is smoke and mirror for funding other cities'
roadways and concurred with Council. Mr. Nicholas emphasized that not
having this tax equates to $182,000 revenue shortfall for the City. Mr. Petsos
explained that he wants to vote against the amendment to convey the
message that the City does not benefit to the extent that it contributes.
Although beachside communities are less populous, they draw the majority of
tourists and traffic. Therefore, the formula for distributing the funds should be
changed and specific goals outlined. Mr. Boucher stated that Brevard County
is to prepare for funding projects with a twenty -year bond. He recommended
support, but possibly limit the term to five or ten years. Mr. Treverton queried if
Council could approve the agreement and submit a letter explaining the City's
concems in regard to term and lack of a spending plan. Mr. Boucher stated that
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Cape Canaveral City Council
Regular Meeting Minutes
October 5, 1999
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this item could be tabled to allow for discussion at the Space Coast League of
Cities meeting on Monday. Mr. Petsos agreed to address the issue with the
League. Mr. Boucher related that the only assurance is that the City will retain
its portion of the tax collected.
A motion was made by Mr. Hemandez and seconded by Mr. Petsos to approve
the Amendment to the 1988 Local Option Gas Tax Interlocal Agreement.
The motion failed 4 -0, with voting as follows: Mr. Treverton, Against; Mr.
Hemandez, Against; Mayor Pro Tem Petsos, Against; and Mayor Randels,
Against.
ORDINANCES — Second Reading:
8. Mayor Randels read Ordinance No.12 -99 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING THE PERSONNEL POLICY OF THE CITY OF CAPE
CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Treverton to adopt
Ordinance 12 -99.
An amending motion was made by Mr. Hernandez and seconded by Mr.
Petsos amending section 1...to add Veterans' Day as a paid holiday in section
10.1 and shall take effect immediately upon adoption.
The amending motion passed 4 -0, with voting as follows: Mr. Treverton, For;
Mr. Hemandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
The main motion passed 4 -0, with voting as follows: Mr. Treverton, For; Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
RESOLUTION:
9. (2,173) Mayor Randels read Resolution No. 99 -37 by title. Reappointing an
Alternate Member to the Planning and Zoning Board (Leo Nicholas)
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING AN ALTERNATE MEMBER TO
THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hemandez and seconded by Mr. Petsos To adopt
Resolution No. 99 -37, inserting the name Leo Nicholas.
Cape Canaveral City Council
Regular Meeting Minutes
October 5, 1999
Page 6
The motion passed 4 -0, with voting as follows: Mr. Treverton, For; Mr.
Hemandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
DISCUSSION:
10.Sister City - Kloten, Switzerland
Mr. Hans Saurenmann interpreted the acknowledgment letter from Kloten,
Switzerland. He related that the Kloten Parliament has allocated 5,000
Swiss francs or $3,500 to provide accommodation for the City of Cape
Canaveral City Manager when visiting. They are anticipating a date when
the City Manager can travel to receive their proclamation.
Ms. Sims opined that this is an opportunity for the City to prove its sincerity
toward the Sister City Program. She related that because administration has
been instructing and promoting diversity, sending the City Manager as the
ambassador to Switzerland would demonstrate Council's support. The result
would certainly bring expanded cultural and business practice awareness to
the City Manager, which in turn assimilates throughout the City. Further, this
could be the impetus for the City to exercise the principles behind the Sister
Cities Program that the City accepted years ago. Responding to our Sister
City's invitation could enhance the local economy and education. Finally, the
City Manager has grown professionally and maintained high administrative
and financial standards for the City. He did not receive a merit increase with
his performance evaluation last year, only a lump -sum bonus. By sending
him in response to this particular invitation would demonstrate Council's
confidence in his ability to represent the City's ideals. Mr. Boucher would
also share his learning experiences throughout the community. Mr. Petsos
queried if a teleconference could be done to initiate the program. Mr.
Hernandez concurred.
Consensus was to send Mr. Boucher to Switzerland and pay his travel, the
date to be determined by the City Manager.
Mayor Randels related that there is funding on the state level for student
exchange Sister City programs and distributed literature.
11. (2,973) City Hall
Mr. Treverton explained his report, which consists of several
recommendations. He requested that a workshop be set to discuss the
matter after the report has been reviewed. He then presented an overhead
presentation. City Clerk, Sandra Sims opined that comprehensive
consideration should be broader than workspace per person, in that each
department has specialized equipment, workspace other than desk space
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Cape Canaveral City Council
Regular Meeting Minutes
October 5, 1999
Page 7
requirements, storage, reference materials and other highly pertinent factors.
Further, the City should have a proper vault, no matter where City Hall is
located. It is a vital issue that has more than secretarial connotations. Mr.
Petsos stated that Johnson Controls should not be discounted, but cannot be
done before year -end. IBM building should be addressed also. Mr. Boucher
will inform Mr. Ketchum that the City is not interested. Mr. Nicholas queried
what would be done with the current buildings. Council concurred to hold a
workshop meeting after the election.
REPORTS:
12. City Manager — Bennett Boucher
• Make a difference day 10/23 — sand fencing project on hold
• Will do some mangrove planting at Manatee Park (30 -50 people)
Audience
Mr. Nicholas reported numerous street Tight outages. Mr. Gardulski stated that he
was aware of the problem and has a meeting with FPL on Thursday.
City Clerk — Sandra Sims
• City Government Week — mock election at Capeview with the new Data Vote
equipment and a Candidates Forum. Council concurred.
City Attorney — Kohn Bennett
o Litigation correspondence with Szapor. Recently the City's liability attorney was
able to get everything thrown out except for one issue that is not covered by
our insurance. Mr. Roper charges $120 an hour, but Mr. Bennett opined that it
would be less expensive for Mr. Roper to continue due to the time required
having to become familiar with the case. Further, Mr. Roper has proven to be
successful thus far in the case. Mr. Roper will meet with each Council Member
and a closed session could be set if needed. The trial is scheduled for spring of
2000. Council consensus was to continue with Mr. Michael Roper and have
him address Council at their next meeting.
City Council Member — Richard Treverton
• Mr. Treverton reported that the City has received a letter from Florida
Communities Trust has awarded the P2000 in the final running for the property
north of Cherie Down Park. He asked that staff be certain to do all the things
necessary to comply with their requests.
City Council Member — Tony Hernandez
• No report.
Cape Canaveral City Council
Regular Meeting Minutes
October 5, 1999
Page 8
Mayor Pro Tem — Buzz Petsos
• No report
Mayor — Rocky Randels
• Mayor Randels related that he spoke with students at Capeview Elementary
regarding the meaning of Civility Week
• Mayor Randels queried about the status of the Tower Boulevard paving. Mr.
Boucher replied that Mr. Ed Washbum of the County is to submit a quote
tomorrow.
• US Secretary of Energy — Brevard County recognized for being a clean city.
There .being`ri'oaiper business, the meeting adjourned at 9:33pm.
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cv.„\Q.sJ4...ack
Rocky Randels, MAYOR