HomeMy WebLinkAboutMinutes 08-15-2000 Regular i
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CITY COUNCIL REGULAR MEETING MINUTES
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 15, 2000
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Larry Weber
Richard Treverton
Burt Bruns
) Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
Assistant City Attorney, Mark McQuagge
City Clerk, Sandra Smith
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski
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PRESENTATION: Laurie Smirl, Vice President of Planning and Development for
1 the Cape Canaveral Hospital introduced Dr. Emran Imami. Dr.
Imami gave an overview of the Holmes Regional Trauma
Program and how it impacts our community. It is the 20
I trauma center in Florida. Ms. Swirl presented a photograph to
Council Member Larry Weber taken during the dedication of
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the trauma center's new helicopter.
CONSIDERATIONS:
1. (Tape 1, 760) A motion was made by Mr. Weber and seconded by Mr.
Treverton to approve Regular City Council Meeting Minutes of July 18,
2000.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
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City Council Regular Meeting Minutes
August 15, 2000
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2. (Tape 1, 803) Contract Administration and Inspection Services for the
Reclaimed Water Project Phase IV Part I
Mr. Ed Gardulski, Public Works Director, explained that part one of the project
should be completed within two weeks. This task will include the as -built
drawings. Mayor Randels expressed support of the Al A portion, but questioned
the first part. Mr. Gardulski explained that the as -built drawings are the crucial
portion of the first part. Mr. Petsos expressed the same concern on the first
portion, opining that one singular inspection should be sufficient. Mr. Pekar,
SSA, explained that the engineers would charge only actual time on the job,
which is directed by the City. This budget is a not -to- exceed amount, not
necessarily the final amount. Further, the engineering portion is a spot service,
not a continual monitoring. Mr. Petsos queried Mr. Gardulski if the other project
costs are available to Council as requested. Mr. Gardulski responded that he
delivered the information to the City Manager for Council distribution, which in
turn was delivered to the City Treasurer. Ms. Bowers, City Treasurer, stated that
the information is on her desk, however, her analysis reveals that all previous
projects have required all funds budgeted. Mr. Treverton queried if SSA would
be willing to reduce the amount of time on the first part of the contract. Mr.
Pekar stated that the time should be completely sufficient at forty hours for a € `
two -week construction period. Mr. Bruns expressed concern that inspections
are made before the project is covered and that the as- builts are assured
delivery. Task one is to be reduced to forty hours.
A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve
Contract Administration and Inspection Services for the Reclaimed Water
Project Phase IV Part I in the amount of $5.774, with forty hours allocated
toPartl.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For
ORDINANCES: SECOND PUBLIC HEARING
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3. (Tape 1, 1274) Mayor Randels read Ordinance No. 09 -2000 by title.
Amending Chapter 78, Utilities, Section 78 -152, Monthly Sewer Rates.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 78, UTILITIES, ARTICLE
III, SERVICE RATES, DEPOSITS AND BILLING PROCEDURES,
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City Council Regular Meeting Minutes
August 15, 2000
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SECTION 78 -152, MONTHLY SEWER RATES, BY PROVIDING FOR
THE ABILITY OF CITY COUNCIL TO ADOPT MONTHLY CHARGES, BY
RESOLUTION, BASED UPON RATE STUDIES; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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f A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt
Ordinance No. 09 -2000. Mr. Treverton commented that this issue has been
thoroughly reviewed. The consumer price index formula was removed and all
1 new sewer rates become effective in January 2001.
There was no public comment.
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The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For
RESOLUTIONS:
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4. Tape 1, 1346) Mayor Randels read Resolution No. 2000 -26 by title. Amending
Chapter 78, Utilities, Section 78 -152, Monthly Sewer Rates. This resolution
is null due to lack of proper advertising according to State Statutes. Every utility
customer must be notified of the public hearing to increase rates.
A motion was made by Mr. Bruns and seconded by Mr. Weber to approve
Resolution No. 2000 -26. Mr. Petsos expressed concern that the City of Cape
Canaveral incurs no cost for water cutoff and suggests that the $60 re-
connect charge be eliminated. Council concurred. He queried about the
validity of readiness for service charge. Mr. Boucher clarified that this is a
five -year incremental increase based on the Burton & Associates.
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Mr. Treverton made an amending motion and Mr. Bruns seconded to strike
Section C1, deleting the $60 re- connect charge. The motion passed 5 -0, with
voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor
Pro Tem Petsos, For and Mayor Randels, For.
Mr. Leo Nicholas related that Port tenants were creating problems in the past
and plugging and unplugging sewer lines could create issues for the City. The
Cocoa fees are apparently covering all true costs.
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City Council Regular Meeting Minutes
August 15, 2000
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Mr. Bruns explained that the bitter research and decision - making to increase
sewer fees began a number of years ago for prudent rate and fund
management. Mr. Treverton clarified that if for some reason the increased
amount proves to be exaggerated, the rate could be reduced in the future.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
5. Tape 1, 1925) Mayor Randels read Resolution No. 2000 -27 by title. Appointing
Randall Camomilli to the Community Appearance Board as a Regular
Member.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMUNITY
APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Weber to approve
Resolution No 2000 -27, inserting the name Randall Camomilli for a term to
expire May 1, 2003..
There was no public comment.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
6. Tape 1, 2031) Mayor Randels read Resolution No. 2000 -28 by title Interviewing
and Appointing Evelin Reid to the Library Board as a Second Altemate
Member.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING A SECOND ALTERNATE MEMBER TO THE LIBRARY
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
Resolution No. 2000 -28, inserting the name Evelin Reid for a term to expire
October 1, 2002.
L There was no public comment.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
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City Council Regular Meeting Minutes
August 15, 2000
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DISCUSSION:
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7. (Tape 1, 2172 -Tape 2) Law Enforcement Contract
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Major McGee expressed appreciation for Council and staff's participation in the
Night Out event. Mr. Petsos suggested that deputies might pass out fliers at the
schoolyard as parents pickup children for better advertising.
Major McGee made a presentation relating statistics that substantiate the Law
Enforcement Services requested funding. He related that in view of the Al A
construction, the accident rate is reasonable. Mr. Bruns queried about the
philosophy of upgrading the Major position to Commander. Major McGee
explained that the Canaveral Precinct staff power and span of control is
comparable to the other four precincts that require Commander positions. Mr.
Bruns queried about Canaveral precinct response required by Avon -by- the -Sea.
Major McGee related that they stabilize situations, which are in turn handled by
the County. Crimes in progress are the priority calls.
There is no increase in staffing proposed this year. E
Major McGee further clarified that the Florida Highway Patrol, as well as the
unincorporated area along Al A handle accidents occurring at the Port. Mr.
Bruns queried the City Treasurer, what is the percentage increase of the police
service contract from last year. She responded that the amount is in the budget
book, however, she did not recall the amount. There was discussion regarding
funds required for staff pay increases. Mr. Petsos suggested that Major McGee
work toward funding the administrative secretary's position 50/50 with the Port.
Major McGee responded that it is unlikely that her duties would divide
appropriately to encompass a portion of the Port.
Mr. Petsos queried if the verbiage of "when available" is entered in the contract
regarding training and funds received through the Clerk of the Court. Mr.
Boucher confirmed that the verbiage is included.
There was extensive discussion regarding the speed limit along Al A. Council
suggested that the AlA corridor study committee consider this issue in their
proposals.
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City Council Regular Meeting Minutes
August 15, 2000
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Mayor Randels queried about a number of statistics and issues stated in the
Law Enforcement Budget proposal. Mark Nelson, Avon -by- the -Sea police study
committee member, was present and related that they requested police
services by the City of Cape Canaveral and was turned down. Mr. Nelson owns
a business in Cape Canaveral and is a Cocoa Beach resident. Based on his
discussions and perceptions, the Avon -by- the -Sea residents would probably
I lean toward annexation by Cape Canaveral, if annexation must be their
I resolution of community problems. He related that discussions are ongoing, but
1 there is certainly no buy -in for annexation into either Cape Canaveral or Cocoa
Beach. Their perceptions are that they are dealing with Cape Canaveral
problems more than needing help by the City.
Mr. Treverton queried about accreditation and would it ultimately affect the City.
t Major McGee responded that the proposed certification by the Sheriff's
Department would not mandated requirement affecting the City in regard to
facilities.
Mr. Boucher related that the contract would be placed on the agenda for the last
meeting in September with the Fire Services Contract. There were no changes
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proposed.
8. (Tape 2, 895) Storm Water Master Plan
City Manager, Bennett Boucher related that Stottler, Stagg and Associates
prepared this report as directed by Council. He related that this is Council's
opportunity to ask questions and make suggestions to this first presentation of
the master plan. Council concurred that it is unnecessary to review page by
page.
Mr. Pekar presented visuals of the current outfalls and explained the outlined
proposals. Mr. Pekar explained that the study began last October with the major
outran systems and how they functioned. Each were evaluated on how they
interacted with pending legislation. He explained that the EPA schedule is on
target for October this year.
Mr. Pekar gave a timeline overview: Christmas began drafts with staff and were
issued in January to the St. Johns River Water Management District, then
revisions made in June.
L Feedback has been received from other entities such as Jacksonville Beach,
Oviedo and others for best management practices. They also spoke to entities
in regard to funding, specifically for grant funding. In January/February they met
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City Council Regular Meeting Minutes
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with Bill Kerr regarding the hospital mitigation funding. It will be voted on
tomorrow morning is highly likely to be funded for the Center Street Outfall
upgrade. Mr. Pekar clarified that this presentation to the hospital was based
conceptually. The City could decline the funding and concept if Council is in
disagreement with the proposal. Mr. Pekar related that these concepts were
gleaned from Council discussions, not formal decisions and the master plan is
still very much conceptual —with tremendous effort of including expressed
Council concerns.
There are seven (7) basins: Shorewood, Center, Canaveral, Holman,
International, Central and Mosquito. He related that the issue with these
systems is water quality. Mr. Bruns expressed concern that none of the outfalls
have been cleaned as they stand currently. He queried if each areas should be
dredged and cleaned before other steps are taken. Mr. Gardulski explained that
he is cleaning from the beginning of the line system and work his way to the
outfall. Mr. Pekar responded that Mr. Bruns' point is valid. Mr. Pekar related that
an outright solution was not determined according staff directive. A number of
altemative management practices were noted on page 29. Mr. Pekar noted
some of the alternative concepts as illustrated in the report.
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Water quality projects are the most funded issues currently for grant monies. Ed
Gardulski and John Pekar were speakers at a meeting last month. Mr. Bruns
suggested that the plan should be set in place to evolve into a dovetail of the
reclaimed water system. Mr. Pekar explained that these concepts were
developed with integration of effort with reclaimed water keeping in mind,
current regulatory monitoring requirements.
Mr. Pekar related that educating the public on storm drain issues is a strong
element of a program. Mr. Pekar related possible funding sources through
grants, a stormwater utility charge, bond issue, and low interest loans.
Mr. Boucher related that the City of Rockledge required three or four months to
institute their utility. Mr. Pekar responded that it would take the full four months
and possibly six months to institute a program by notifying and educating
residents before implementing the actual program. The educational program
would not be difficult to construct, but does require time to inform beforehand.
Mr. Pekar clarified that this plan requires support for implementation/activation
to take advantage of windows of opportunity while the stormwater plan
continually evolves.
Mr. Bruns queried what the next step is Mr. Boucher suggested that a
workshop should be scheduled to identify the concepts that should be included.
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City Council Regular Meeting Minutes
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Council concurred that the City Hall concept be considered at the same
meeting.
Mr. Mark Nelson related that he is concerned that he is retaining his own
stormwater at this business site. Council confirmed that he would be credited for
his effort and expense. Mr. Nicholas suggested a concept for charging a
stormwater utility charge based on the impervious area of the property.
A workshop is scheduled for Tuesday, August 22, 2000 at 5:00 - 8:00 p.m.
9. City Hall Complex — deferred to workshop on Tuesday, August 22, 2000 after
the Stormwater Master Plan.
REPORTS:
10. City Manager — Bennett Boucher
o Letter from Brevard County requesting share of existing sales tax. Is there
E a consensus to go to the League of Cities? This issue is to be placed on the
next agenda with a County representative present to explain.
o A fax was received from Cocoa Beach on protocol issues in regard to the
Conflict Resolution. Public Works will respond diplomatically.
o A meeting between the two cities' staff has been rescheduled to September I
14 from August 8 on the conflict resolution.
o A letter was received from Rodney Ketchum requesting a land swap of
property that would include current city parkland. Council concurred to reject
the offer.
o FYI — Emergency Management is having difficulty staffing emergency
shelters. Mr. Boucher will develop a policy that would allow nonessential
staff members to volunteer. He explained that FEMA would pay.
o The Emergency Management System will institute a test reverse
message in the near future, alerting beachside residents that they are within
a storm surge area.
o Mr. Boucher, Mr. Gardulski and Mr. Reid met with the Holman Road
residents regarding the road paving and the title. Background research must
be accomplished before meeting with them again. The meeting was
successful in addressing the residents' issues.
AUDIENCE
o Leo Nicholas reported that the VFW has just received notices for occupational
licenses that require duplicate information from year's prior. Ms. Bowers related
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City Council Regular Meeting Minutes
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that they don't get changes if they don't ask. She stated that it is sufficient that a
no change statement would be acceptable.
CITY CLERK - Sandra Smith
1 o No report.
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CITY ATTORNEY -Mark McQuagge
o No report.
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Larry Weber
o No report.
Richard Treverton
o Mr. Treverton reported that Center Street property owners met with he and Mr.
Boucher and are amenable to sell all the property for a park.
Burt Bruns
E o Mr. Bruns related that Tom Quinn has a problem attending the A1A committee
meetings. He requested Council and the City Manager to help recruit a
replacement.
Buzz Petsos
o No report.
Mayor Randels
o No report.
There.taeing- .ngf »rther business, the meeting adjourned at 10:05p.m.
,.. , C 0 cf, C=Q0
AL _ f: Rocky Rand Is, MAYOR
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