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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. 1 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. 1 Cape Canaveral City Council Regular Meeting Minutes October 5, 1999 Page 3 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 1 Cape Canaveral City Council Regular Meeting Minutes October 5, 1999 Page 4 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 1 Cape Canaveral City Council Regular Meeting Minutes October 5, 1999 Page 5 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 1 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. 1 cv.„\Q.sJ4...ack Rocky Randels, MAYOR