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HomeMy WebLinkAboutMinutes 03-21-2000 Regular . CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 21, 2000 7:00 P.M. Minutes CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Larry Weber Richard Treverton Burt Bruns Mayor Pro Tem Buzz Petsos Council Members Absent Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Smith Public Works Director, Edward Gardulski Building Official, Dennis Franklin City Treasurer, Andrea Bowers PROCLAMATIONS: Fair Housing Month Mayor Pro Tem Petsos read and presented the proclamation to David Bode. Mr. Bode related that the City of Cape Canaveral is forward thinking in regard to Fair Housing. All plans are reviewed before construction is permitted to conform to Fair Housing specifications. PRESENTATION: Economic Development Commission, Gregory Jones regarding the Community Data Summary for the City of Cape Canaveral ' E Mr. Gregory Jones, Research Director for the Economic Development Commission, distributed the Community Data Summary for the City of Cape Canaveral. Mayor Randels was commended for his volunteer efforts to the Economic Development Commission. The information is used in a variety of ways, providing data for 4 Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 2 businesses to develop a business plan and to citizens interested in relocating to the area. MINUTES: A motion was made by Mr. Weber and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of March 7, 2000. The motion passed 4 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. ORDINANCE — First Reading: 1. Mayor Pro Tem Petsos read Ordinance No. 05 -2000, Amending the Definitions of Hotel and Motel by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110 -1, DEFINITIONS, BY AMENDING THE DEFINITIONS OF HOTEL AND 1 MOTEL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL I i OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Weber to a Y Y approve 1 Ordinance 05 -2000 for second reading. Mr. Bruns stated that he is in agreement of removing the twenty -five percent restriction. Mr. Treverton commended Mr. For his history of the zoning regulation, preventing tiny, hotels. He concurred that today's society is under a different paradigm, which warrants allowing kitchenette facilities without being detrimental to the aesthetics and use of properties. Mr. Leo Nicholas commented that the 150 units is a key element in the definition. The motion passed 4 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. CONSIDERATIONS: 2. City Treasurer, Andrea Bowers, Ed Beck, Partner of Bray, Beck and Koetter and Ray , Audit Manager. Mr. Beck presented the audit reports and overview of the process entailed in the audit plan. Cape Canaveral City Council Regular Meeting Minutes t March 21, 2000 Page 3 Raymond explained that the first report states that the audit is in accordance with Generally Accepted Accounting Practices. Laws, regulations, contracts and grants, intemal control over financial reporting, no instances of non - compliance & no weaknesses in internal control. The management letter shows prior year comments resolved or not applicable, those repeated, and new ones. r Confiscated Property Reports was not in agreement with City's books and records, however was immediately rectified. Fixed Asset Reconciliation — detailed fixed asset inventory records were not updated for current year additions. They recommend that the records be updated as soon as possible. Original budget adopted by resolution; budget adjustments approved by voice vote of Council, budget amendments should be adopted in a manner consistent with method of adopting the original budget (by resolution). The items specifically are the amendments that increase the expenditures or revenues. Government -wide reporting; net expense reporting format; infrastructure reporting and depreciation, implementation required by fiscal year 2004 — these will be required according to GASB 34. They recommend that the City begin training, changing procedures in an effort to be ready for implementation. There will likely be changes in the new ruling, but it is important to be prepared. He then related 1999 financial highlights with trend data. Over the P ast three years, the City's cash and cash- equivalents have steadily increased, as well as assets and equity. Public Safety is 44% of the expenditures. Mr. Petsos queried how the percentage compares to other cities. Ray explained that the City of Cape Canaveral's public safety expenditures are higher than most cities, however, could be due to size of budgets. Mr. Bruns stated that the City is spending three - fourths as much as we are collecting from taxes. Mr. Bruns queried if there have been any financial audit adjustments required? Ray responded that there were some, but none that were unusual or significant. Mr. Nicholas queried if there were comments made from prior years that were repeated this year? There were none. Mr. Petsos queried about funds set aside over the years for paving. He suggested that the funds should be shown as designated or reserved for specific projects, such as technology. Council concurred that a process should be developed for is A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Annual Audit for Year Ended September 30, 1999. E The motion passed 4 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. y Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 4 3. Public Works Director, Ed Gardulski, explained that the County has been servicing the traffic lights since the former contractor stopped service. He related that an Interlocal agreement is needed to facilitate a method of maintaining the lights routinely. There are three traffic lights that the City agreed to provide maintenance in the bargaining with the State to obtain the lights (Buchanan and A1A; Flashing Emergency Light on A1A; and at North Atlantic and Central Boulevard). Mr. Bennett commented that he has forwarded a letter outlining the issues that were of concern. The agreement is in order conceptually, but needs to be addressed procedurally. I A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the Interlocal Agreement with Brevard County — Traffic Signal Maintenance. , The motion passed 4 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. 4. Mr. Gardulski reported that a resident in Harbor Heights has a storm water line that has collapsed, causing the ground to collapse. He related that this method would provide slip lining the pipe without tearing up the residents' 1 lawn. Mr. Treverton queried how much galvanized pipe is installed throughout the City. Mr. Gardulski responded that it is unknown. Mr. Treverton queried if the slip lining will have enough structural integrity to maintain long term. Mr. Nicholas stated that it is not as strong as concrete, but is strong enough because there is no pressurization in the lines. Mr. Weber queried where the cleaning would take place. Mr. Gardulski stated that it would be at the wastewater plant dumpster. i A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Stormwater System Repairs, appropriating #, waiving the bid requirement and awarding to. The motion passed 4 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. This item was taken out of order. I 9. Mayor Pro Tem Petsos requested that item 9 be considered at this time. Council concurred. Mr. Gardulski reported that Mr. Hankins is not progressing as expected. They are about ninety percent complete, moving slowly, but doing excellent work. Mr. Terry Heinold, with Carl Hankins, reported that they are on schedule. Madison was finished today, Pierce tomorrow and road crossings will start Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 5 tomorrow afternoon and completion by the first of next week. Three more workers were brought in yesterday to ensure completion by early next week. Mr. Petsos queried, how could Council be assured that the schedule will be in conformity to future contract extensions. Mr. Gardulski commended them for their quality work and lack of residential complaints. Mr. Heinold stated that the new crews would be dedicated to ensure accelerating the project. Mr. Bruns queried if he would be the superintendent of the job henceforth? He responded that he would be. Mr. John Pekar related that some delays were created because some equipment was delayed in being delivered and some previous work had to be corrected from the previous contractor. He commended Hankins for their work quality. Mr. Weber queried how much delay the company created. Mr. Pekar related that the project started 30 days late and the corporate office caused other delays. The actual construction crew has been efficient and work very hard even through inclement weather. Mr. Petsos queried if it is possible to have someone from the corporate office before Council before considering the contract extension? Mr. Treverton queried if the contract has monetary penalties for failure to meet the terms of the contract. Mr. Gardulski responded that w could; however, we have been reticent in an effort to be accommodating and encouraging. Council concurred to bring the issue back to the next agenda. 5. A motion was made by Mr. Bruns to table to a time certain of the next regular agenda and seconded by Mr. Weber to approve the Washington Avenue Sidewalk Construction. The motion passed 4 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. 3 � { 6. Mr. Gardulski explained that this is for inspection services for the next phase. The contract amount is a not to exceed limit. Mr. Petsos reiterated that he is still opposed to inspection service, although the as -built drawings are important. He related that even though we had inspection service, lines were constructed upside down. This was construction work performed by Hartman and Associates, with Stott ler Stagg inspecting. Hartman was providing the inspection service. Mr. Gardulski commended Doug with SSA for his awareness on behalf of the City. Mr. Gardulski related that he formulates a report from SSA's inspector reports to inform Council. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Contract Administration and Inspection Service for Reclaimed Water Phase III, #2 to Stottler, Stagg and Associates. The motion passed 3 -1, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, Against. { Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 6 7. Mr. Gardulski explained that the stormwater drains have not been completed throughout the City, but there are areas that need to be repaired. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Cooperative Purchase of Sanitary Sewer Lining and Manhole Rehabilitation, in the amount of $139,012 to Griner's Pipeline Services. The motion passed 4 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. RESOLUTION: 1 8. Mayor Pro Tem Petsos read Resolution No. 2000 -07; Opposing Diversion of Transportation Revenue Proposed in HB893 and From Transportation Programs in General by title. f I 3 A motion was made by Mr. Weber and seconded by Mr. Treverton to approve ` " Resolution No. 2000 -07. City Manager, Bennett Boucher, explained that this bill could convert substantial funds away from Brevard County, diverting to other areas. The motion passed 4 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. DISCUSSION: 1 9. Water Reclamation Sand Filters Report Mr. Boucher explained that the sand filters have been an ongoing problem and staff was tasked to research the design and installation. Mr. Pekar explained that they reviewed data collected over the years. The design plans; r construction, materials used and operation were reviewed. The report revealed I that the operation appears to be efficient. The initial studies reveal that there are E many problems in design. It needs to be changed from bottom loading to top loading and there is severe erosion that implicates deficient materials. It is obviously a multitude of problems. The designers, construction contractors, material and operations impair water quality standards. Mr. Boucher queried if this was an industry standard design. Mr. Pekar related that it is an atypical design, although there other some other similar plants. Mr. Bruns queried about 1 I S i Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 7 I backwashing methods, indicating that how can bottom loading filters be efficient. Mr. Boucher queried if a sample has been tested to determine if the results meet the manufacturers standard. Mr. Bruns suggested that the City should research and prepare for possible litigation. Mr. Treverton queried if this design has ever worked and stated that legal advice be obtain after the report is } complete. Mr. Bennett stated that the facts must be defined before any attorney can pursue litigation. Mr. Pekar related that it would require at least $90,000 to convert to a top - loading design. Mr. Treverton stated that we must determine £ how many entities have used this design and how many have been successful, identifying the regions of each plant. The City Engineers providing inspection service at the time should be identified for inclusion in the report. Mr. Bruns left at this time (8:30 p.m.) REPORTS: 11. City Manager— Bennett Boucher 3 f o Mr. Boucher reported that he and the City Treasurer met with Cocoa and the Port Authority regarding the sewer transition. They recommend amending the contract to outline the meter read dates. Mr. Bennett suggested an amendment requiring that all deposits be paid before other deposits are returned. o The General Fund Workshop and revised Sewer Fund Capital Budgets will be considered at the end of April o The school crossing on A1A hazardous walkways is being redefined in the legislature this session. The league of cities has a web page to watch the legislature. { o The Beautification Board is working on a partnership program to keep Canaveral Clean. Staff was instructed to help develop a program in conjunction with Code Enforcement similar to Palm Bay's new program. Mr. Nicholas suggested that a program based on the Citizens on Patrol concept should be considered. o There are three parcels on Holman Road that were rezoned from R -3 to R -1 without notice. The property owners, LaChance wants R -3 zoning and Mrs. Jean Porter and Mr. John Porter request remaining as R -1. The City Planner related to the City Manager that a large scale rezoning would be required even though it is Tess than ten acres. The density must be less { than ten units per acre in order to be a small -scale amendment. Ms. Smith related that the error likely occurred as a scrivener's error. However, a legal opinion has not been obtained to confirm or outline a method of resolving the issue. City Attorney, Kohn Bennett, related that even if the E zoning was changed erroneously, the recently adopted Comprehensive Plan precludes a simple solution. A large -scale change would be required and approval by the state. Ms. LaChance requested a letter from the City stating that their property is indeed R -3 so they can list it for sale. The City I Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 8 • Attorney will bring forth the issue at the Planning and Zoning meeting for possibilities. o Ms. McIntire is setting up tours for Council to the Cape Canaveral Hospital. This is by invitation of the hospital. They will attend the Cape Canaveral /Cocoa Beach joint meeting. o April will begin summer attire (T -shirt) o Mr. Boucher will be on vacation next week and Ms. Smith will be acting City Manager. Audience o Mr. Nicholas queried if the City will be required to open part of our beach for dogs. He expressed concern that it would be implemented. City Attorney, Kohn Bennett, explained that we adopted the county's ordinance with an added stipulation that dogs are not allowed. The City's ordinance would stand because it is stricter. Mr. Petsos stated that the issue could be mentioned at the next Space Coast League of Cities. City Clerk — Sandra Smith • No report City Attorney — Kohn Bennett o Mr. Bennett stated that the seminar for Thursday has been cancelled. Kim will poll Council to reschedule. o Mr. Bennett reported that the City has won the Szapor case, however, there is 30 -days for appeal. City Council Member — Larry Weber • Mr. Weber reported that he is meeting with Chuck Nelson, Co. Recreation Director along with Nancy to obtain information to reinstitute the City Park renovation project. I • A pepper- busting project south of Cherie Down Park will be conducted in May. • When will the joint meeting be held with Cocoa Beach? • April 15 is Trash Bash Day and April 29 will be mangrove planting at Manatee Sanctuary Park. • Mr. Weber attended the contractor form last Thursday. It appeared to be I. beneficial. They are planning to schedule one monthly. He recommended that the City Manager attend the entire meeting. Some questions could not be answered. The next meeting will be held on April 6 at 4pm f 1 t i , Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page g , City Council Member — Richard Treverton o Mr. Treverton reported that Mr. Boucher assigned Nancy Hanson to the Center Street north and Southside parcels as a park. A grant will be pursued. City Council Member — Burt Bruns • Mr. Bruns Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried about the status of the master stormwater plan. Mr. Pekar reported that $300,00 would be pursued for mitigation funding that would implement baffle boxes at Center Street and facilitate the anticipated park funding. • Sand fence project will be Saturday. The Navy and possibly air Force personnel will have some people, as well as local businesses. • Was the $200 court fee for the arrest against the Blue Cafe assessed to them? Yes. • Invitation to USS Porter on Friday. There being no further business, the meeting adjourned at 8:40pm. C> 0 K clic),.,,,, 'h Rocky Randels, MAYOR ,! Z N. i ir Sandra Smith, Cr, Y CLERK I t t t i 1 t 1 t t i t