HomeMy WebLinkAbout07-15-1997 Regular Meeting1
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 15,1997
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:,
PRESENTATIONS:
Council Members Present
Burt Bruns
Tony Hernandez
Buzz Petsos
Mayor John Porter
Mayor Pm Tem Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
Recreation Director, Nancy Hanson
Tape 1, 25
Tim Fadul, USA Waste Services, appeared before Council requesting a garbage collection contract
extension. Mr. Fadul explained that in return for an extension, the recently approved CPI increase will
be rescinded and residential rates held constant through 1999. Then, the CPI increases would be
reinstated at 85 percent. Council concurred to consider the contract extension at a future meeting. City
Attorney, Kohn Bennett, will review the proposed contract beforehand.
CONSIDERATIONS:
I. (Tape 1, 484) A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the
July 1,1997 Regular City Council Meeting Minutes. The motion passed 5 -0, with voting as
follows: Mr. Bruns, For; Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor
Pro Tem Randels, For.
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City Council Regular Meeting Minutes
July 15, 1997
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2. (Tape 1, 568) A motion was made by Mayor Porter and seconded by Mr. Bruns to let for bid
the Procurement of a Pedestrian Bridge for the Drainage Ditch East of SR A1A. The motion
passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For;
Mayor Porter, For, and Mayor Pro Tem Randels, For.
3. (Tape 1, 1007) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to award
Laboratory Cabinet Bid #97 -01 to Laboratory Design and Supply, Inc., in the amount of
$26,984. Mr. Randels voiced that the award is not the low bid, stating for the record that the
low bid did not meet all the required bid specifications even though they exceeded in some
areas. The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For,
Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For.
4. (Tape 1,1242) A motion was made by Mayor Porter and seconded to approve Annual Audit
Services with Bray, Beck & Koetter, in the amount of $23,825. The motion passed 5 -0, with
voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For; Mayor Porter, For,
and Mayor Pro Tem Randels, For.
ORDINANCES:
5. (Pape 1,1445) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to postpone
Ordinances 02 -97 and 03 -97, 210 Center Street Rezoning (TWC) August 5, 1997, as
requested by the City Clerk. The motion passed 5 -0, with voting as follows: Mr. Bruns, For;
Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For.
DISCUSSION:
6. (Tape 1, 1466) Reuse Water Policy
City Manager, Bennett Boucher reported that the $75,000 reuse grant awarded by the St.
Johns Water Management District, has been finalized and there is one year allowed to expend
the allocated funds. He explained that Council must develop a formal policy for establishing
fees and distribution areas.
Council concurred that there shall be no monthly usage charge for reuse water.
There was extensive discussion regarding connection fees. Treatment Plant Supervisor, Walter
Bandish, reported that the approximate cost for installing the connector box ($550) and the
backflow preventer ($250) will be $800, depending on the size of the connecting pipe, which
could be substantially more.
Public Works Director, Ed Gardulski, explained that a policy must be set to prevent erroneous
precedent setting. He suggested establishing a time frame for providing reduced cost
installations. He further explained that reuse distribution is an expense and will never become a
revenue source. Therefore, the issue is how to minimize costs while ensuring that water
distribution is directed away from the river and providing an additional service to our residents.
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City Council Regular Meeting Minutes
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Representatives of Cape Shore Condominiums were present and expressed interest in the
reuse. However, they qualified their interest by stating that it is cost prohibitive at $3,000 -
$6,000 for the installation.
Jim Morris, Aerospace Building representative, stated that they use an artesian well with five
two to four -inch lines that would cost $600 - $800 each to connect to reuse, making it cost
prohibitive to bear the cost.
Mayor Porter suggested that it might be most beneficial to target the largest users first, such as
businesses and condominiums along the west side of A1A. It would provide expeditious
installation and divert the most water from the river in the least amount of time.
Council requested that City Attorney, Kohn Bennett, research for case law on reuse water
connections.
Council concurred that Public Works Director, Ed Gardulski, present alternatives for the a
proposed Reuse Water Distribution/Connection Policy.
7. (Tape 2, 585) Skateboard Park
Mr. Petsos stated that he is supportive of continuing to pursue establishing a skateboard park.
He related that the Youth Advisory Committee will continue on the project. Mayor Porter
suggested that a grant be sought, possibly in a coordinated effort with the City of Cocoa Beach
and the County. Mr. Petsos was designated to speak with city and county representatives in
this regard. Council concurred that liability is the leading obstacle to providing a skateboard
facility and that it should be researched to determine how to circumvent the problem.
REPORTS:
City Manager - Bennett Boucher (Pape 2,1197)
• Mr. Boucher reported that a Special Meeting to approve the Tentative Proposed Millage and a
Workshop Meeting to discuss the merits of a proposed C -2 zoning district need to be set.
Council concurred to set the meetings for July 29, 1997 at 4:00 p.m. Mr. Boucher explained that
budget alternatives will be provided at the meeting. Major George McGee stated that new vehicles
are required because there have been no replacement vehicles provided by the city in five years.
Council directed Mr. Boucher to research the matter. Mayor Porter opined that taxes should not be
increased this year due to the sewer utility rate increase, that it would be more appropriate to defer
the increase to fiscal year 1998/99. Mr. Petsos countered that the utility rate is scheduled to
increase again next year, the Canaveral Precinct of the Sheriffs Department operating budget will
increase by $65,000 - $70,000, plus capital equipment; and the COPS FAST Grant Deputy will no
longer be funded and will have to be paid by the city, as well as the new Lieutenant position.
Consequently, compelling a 50 percent millage increase next year. Mr. Boucher stated that if there
is no tax increase, reserves will have to be used. Council concurred to examine the affect of an .25
mills to Police Services.
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City Council Regular Meeting Minutes
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• (Tape 2, 2581) Mr. Boucher reported that he met with the owner's representative of the Post Office
Building regarding reconstruction of Commerce Street. He related that hard costs need to be
determined before being able to negotiate a settlement agreement or proceed with a special
assessment. Mr. Boucher explained that a settlement agreement is the least costly for the affected
property owners, however it requires full payment up front. Whereas, a special assessment requires
additional costs, but the city would provide three year financing for construction, plus costs and
interest. Council concurred to proceed with soil borings and obtaining cost estimates (which would
be eventually passed on to the affected property owners).
• (Tape 2, 2834) Mr. Boucher reported that commercial clamming in the Banana River begins on July
22, 1997.
• (Tape 2, 3163) Mr. Boucher reported that he and City Attorney, Kohn Bennett, met with Burt
Francis and Bill Bancroft of the Canaveral Port Authority regarding the Internal Improvement
Trust Fund (lllr) land lease. He related that there is no survey and no definitive ingress or
egress. He also reported that the Port related that they have plans for the property to the north and
do not want to forfeit riparian rights because we may have conflicting uses. Council concurred to
obtain a survey and request a 50/50 cost share with the Port.
Audience - John Pekar (Tape 2, 3163)
• Mr. Pekar reported that there is a Florida Department of Transportation workshop being held on
July 25, 1997 regarding a Stormwater Park Grant providing funds for mitigation which the city
might consider pursuing.
Canaveral Precinct - Major George McGee
• Major McGee reported that there is no law governing transients sleeping under crossovers. The
law only covers camping in tents or trailers. Council concurred that the City Attorney review case
law on the matter.
• Major McGee also reported that open container signs need to be placed at the crossovers.
Council concurred.
City Clerk - Sandra Sims
No report.
City Attorney - Kohn Bennett (Pape 2, 3225)
• Mr. Bennett reported that Mr. Applegate did not follow up on the appeal that upheld the Building
Official's decision. He explained that demolition costs are probably very high. However, he stated
that he can bring estimates before Council at a closed meeting if directed. Council concurred to
have the City Attorney present possible alternatives regarding the Applegate case at a closed
meeting.
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Mayor Pro Tem - Rocky Randels (Tape 2, 3359)
• Mr. Randels reported that the Diamond Royale appears to be using the city's sewer without
paying. Wastewater Supervisor, Walter Bandish, stated that the sewer connection has been locked
and can not be used.
• Mr. Randels reported that the Sunrise Marina has opened and queried if they have paid sewer
impact fees. City Attomey, Kohn Bennett, responded that he and City Manger Boucher are
currently developing a solution to the issue of new businesses connecting to the sewer which will
be diverted before the year 2000.
• Mr. Randels queried if the city could receive a status report on the City of Cocoa Beach's Code
Enforcement Citation Program. Mr. Boucher will inquire.
Council Member - Buzz Petsos (Tape 2 3656)
• Mr. Petsos reported that the Police Athletic League is up and running at no cost to the cities. He
queried if they could use the Youth Center one night per week for the Explorers' Program? Council
concurred for approval.
Council Member - Tony Hernandez
No report.
Council Member - Burt Bruns
No report.
Mayor - John Porter (Tape 2, 3849)
• Mayor Porter reported that a groundbreaking ceremony will be held on Friday, July 18, 1997 at the
corner of Polk Avenue and SR Al A to commence the A1A eastside sidewalk construction
project.
ADJOURNMENT:
There was no further discussion and the meeting adjourned at 10 5 p.m.
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John K. P = er, MAYOR