HomeMy WebLinkAboutMinutes 07-28-1994 Workshop• •
CITY COUNCIL
WORKSHOP MEETING
July 28, 1994
A Workshop Meeting of the Cape Canaveral City Council was held on July 28, 1994, at the City
Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
8:15 P.M. by Mayor Pro Tem Porter.
ROLL CALL:
Mayor Joy Salamone Absent
Mayor Pro Tem John Porter Present
Councilmember Arthur Berger Present
Councilmember Leo Nicholas Present
Councilmember Rocky Randels Present
City Manager Bennett Boucher Present
City Attorney John Kancilia Present
Acting Deputy City Clerk Susan Stills Present
BUSINESS:
1. Interview of prospective Boardmembers.
Mr. Kancilia directed several questions to Mr. Jim Means, of Cape Canaveral, Ms. Joyce Sale,
a Cape Canaveral business owner, and Mr. Jon Windhorst of Johnson Controls, regarding their
interest in serving as Boardmembers on the City's Commercial Development Board. Agenda
a resolution for a Board appointment for Tuesday's night's meeting.
2. Discussion Re: Ocean Oaks truck traffic.
Mr. Boucher reported that he and Mr. Randels met with the homeowners in Ocean Oaks and
Mr. Bennett of Benko Construction on July 19th, at which time concerns and reasons were heard
from both sides of the issue. Consequently, Mr. Bennett chose to find an alternate route for the
trucks to reach the construction site. Mr. Porter suggested that City Council send Mr. Bennett
a thank you letter for his effort to resolve the situation. Mr. Randels acknowledged Mr.
Goldberg and Mr. McGee of Harbor Heights who were also instrumental in finding a solution.
Mr. Ray McGee thanked Council and staff for working with the citizens of Harbor Heights to
achieve a reasonable solution.
3. Discussion Re: Wastewater treatment plant/ Reuse project update by Hartman and
Associates, Inc.
Mr. Gary Revoir gave a presentation to update Council and staff on the status of the wastewater
treatment expansion project. The preliminary designs and the permitting for both the wastewater
treatment plant and the reclaimed water improvements were completed. Mr. Randels questioned
how large was the reclaimed water tank. Mr. Revoir replied that the finished product tank
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City of Cape Canaveral, Florida
City Council Workshop Meeting
July 28, 1994
Page 2
would be approximately 1 million gallons with a 1.4 million gallon substandard storage tank
utilized as flow equalization during the early years of use. Although the Florida Department of
Environmental Regulation's design flow was a 1.8 million gallon basin, the City would not
require that amount of flow in the early years. Mr. Nicholas questioned the cost of purchasing
an additional new tank in the future. Mr. Revoir answered that the City would need only a
350,000 to 400,000 gallon tank in the future, if one was necessary, at a cost of $200,000 to
250,000; however, based on flow estimates Mr. Revoir did not think the City would need a
surge tank in future years. Mr. Porter added that with the wastewater contract termination
between the City and the Port Authority some capacity would be regained. Mr. Nicholas also
noted that the north boundary line on the wastewater plant expansion map needed to be revised
in light of the recently acquired 2.4 acres.
Mr. Revoir outlined the path for a cost effective reclaimed water use line along the A1A
corridor. Mr. Berger questioned where the pump stations would be located and Mr. Revoir
responded that the locations were a subsequent part of his presentation. Mr. Nicholas questioned
how cost effective water distribution would be to parts of the City not adjacent to A1A. Mr.
Randels noted that Johnson and Church Streets would be used as two main arteries along A1A.
Mr. Revoir concurred that several roads would be utilized as cross points along the water use
line. Mr. Nicholas questioned if the line would extend into the undeveloped areas in the
northern part of the City. Mr. Revoir answered that a phasing program may be necessary to
include the undeveloped areas. Discussion followed regarding the distribution main locations.
Mr. Porter commented that Council should consider the bond issue when discussing the overall
cost of distribution or possible phasing programs. Mr. Boucher added that $2.3 million dollars
was requested of the State Revolving Loan for reuse and the City could utilize those funds along
with impact fee monies available for the reuse project. Mr. Porter questioned if it were possible
to decrease from a 16 "or a 12" line down to a line used by a single - family home. Mr. Revoir
explained that it was possible to loop from larger arteries to smaller lines. Mr. Nicholas
questioned what kind of pressure was expected at the user end. Mr. Revoir answered 50 -60 psi
and that the system under development would be most similar to the existing water system. Mr.
Randels questioned the width of line placement. Mr. Revoir replied no more than three or four
feet in width at a consistent depth of no more than three feet. Mr. Boucher requested that Mr.
Revoir furnish Council with a grid of where all mains would be placed in the City and the cost
associated with the placement.
Mr. Hans Saurenmann asked if upgrades could be made to the sewer system during the
placement of the reuse mains. Mr. Revoir explained that although it was cost effective to merge
two construction projects, to eliminate lift stations, which was what Mr. Saurenmann had
suggested, it involved "gravity" sewers which needed from 10 to 12 feet of excavation at a much
greater cost.
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City of Cape Canaveral, Florida
City Council Workshop Meeting
July 28, 1994
Page 3
distribution system, but instead run a dedicated line straight to its ground storage facility. He
further explained that such an action would enable the City to have a closer and less expensive
connection than the system with the booster pump station and such a system would be more
progressive. Discussion followed on the City's agreement with Cocoa Beach to provide water
pressure. Mr. Revoir commented that a combined construction project with the City of Cocoa
Beach might be a possibility to share the cost.
4. Discussion Re: Authorization to bid legal services contract for FY 94/95.
Agenda this item for Tuesday.
5. Discussion Re: Audit services for FY 94 -95.
Mayor Pro Tem Porter acknowledged Mr. Tom Kirk and Ms. Janet Petroni from Hoyman,
Dobson & Co. Mr. Randels commented that Mayor Salamone wished to have input into the
discussion regarding the audit services. Mr. Kirk explained that the firm would begin interim
work in mid- August and also that there would be no partners to represent the firm for the
August 2nd meeting, however, a tax person could be available. Mr. Kirk, Audit Director for
Hoyman, Dobson, commented on the engagement letter that was presented to Council to perform
audit services for FY 93/94.
Mr. Randels expressed that he was in favor of continuing the contract with Hoyman, Dobson
because of the good working relationship between the City and the company. Mr. Kirk noted
that the company was able to complete the job for $1,000 less than stated in the engagement
letter and the lesser amount was billed to unrecognized deficiencies. He explained that the fee
included several components such as, planning and implementing audit procedures, drafting
financial statements, updating the Comprehensive Annual Financial Report, and preparing the
annual financial report. Mr. Kirk stated that the fee for FY 93/94 would be increased 2% over
last year's estimate.
Mr.. Nicholas expressed that it had been over 10 years since the audit services contract was bid
out. He was concerned if the City was receiving the best comparative price for audit services.
Mr. Berger concurred with Mr. Nicholas. Mr. Porter did not think a Request for Proposal to
bid out audit services was feasible at this time. Mr. Boucher commented that the process would
take several months. Mr. Randels concurred that the time needed to draft a proposal, to review
the qualification of bidders, and to hear oral presentations made bidding out the audit services
not reasonable for FY 93/94. Mr. Kirk reiterated Hoyman, Dobson's valuable services and the
fact that the company was available year -round for consultation with the City staff and that the
City Treasurer was invited to a meeting which outlined a new standard used on financial
statements at no cost to the City. Further discussion followed on bidding the audit services
contract.
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City of Cape Canaveral, Florida
City Council Workshop Meeting
July 28, 1994
Page 4
Mr. Nicholas requested that bidding the audit services contract be placed on Tuesday's agenda.
6. Discussion Re: Ordinance No. 22 -94. Amending City's Code of Ordinances. to enact
provisions to minimize fire hazards within the City.
Agenda this item for Tuesday.
7. Discussion Re: Ordinance No. 20 -94, Amending Subsection 110 -51(b) of the Code of
Ordinances. by changing requirements for the parking of boats. utility trailers. recreational
vehicles, and special purpose vehicles.
Mr. Boucher stated the changes made in two sections of the ordinance in discussion were: 1)
Section I, Subparagraph (2)(a) - "In all zoning classifications no boats, utility trailers,
recreational vehicles, special purpose vehicles shall park within four (4) feet of the right -of -way
line abutting any street." Also, in Section F of Subsection 2 in which the City modified the
paved parking requirement to read " the surface of the lot or parcel of land upon which a boat,
utility trailer, recreational vehicle, or special purpose vehicle is parked shall be paved or shall
be maintained in the manner as to the remainder of the lot or parcel of land and thereon shall
not be permitted upon such surface a growth of weeds or lawn which exceeds the height of the
immediate surrounding landscape." Mr. Randels commented on one of the concerns of Mr.
Jerry Schmitz who stated that presently there was no parking in right -of -ways or easements,
however, at the rear of homes there were utility easements. Mr. Schmitz requested that the
ordinance state "in all zoning classifications, no boats, utility trailers, recreational vehicles, or
special purpose vehicles shall park in such a manner wherein they interfere with normal travel
along the public sidewalk or bicycle path." Mr. Schmitz's main concern was that no provision
be made in the ordinance for vehicles parking over the sidewalk.
Agenda this item for Tuesday.
8. Discussion Re: Resolution No. 94 -34. Authorizing an in -kind service agreement with Bay
Construction to construct improvements to Tower Boulevard.
Agenda this item for Tuesday.
9. Discussion Re: Quarterly budget transfers.
Agenda this item for Tuesday.
10. Discussion Re: Unfinished buildings.
Mr. Berger questioned if the discussion was a matter of unfinished buildings in consideration
of permits or beautification. Mr. Boucher commented on a legal case in the City of Clearwater
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City of Cape Canaveral, Florida
City Council Workshop Meeting
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Page 5
in which the building official informed a property owner that in order to maintain the building
permit certain external work would need to be completed in six (6) months and this directive
held up in a court of law. Mr. Berger questioned if Cape Canaveral's building official had the
same authority which could be justified in a court of law. Mr. Kancilia responded that in the
Clearwater case the building official's decision was upheld by the court under the circumstances
that the building official gave the property owner six (6) months to complete certain external
construction. The Court had interpreted for the City of Clearwater's benefit the Southern
Building Code which had no specific time limit for the length of the building permit, but the
Court stated that the city reasonably interpreted the Southern Building Code to require the owner
to complete the exterior portion within "a reasonable time ", but what was reasonable required
judgement. Mr. Kancilia further explained that if the City allowed the building official to make
that determination on a case -by -case basis, then the City would encourage litigation. Further
discussion followed on whether the building official or Council should address unfinished
construction.
Agenda this item for the next workshop.
11. Discussion Re: Ordinance No. 29 -94. Adopting new Personnel Rules & Regulations.
Agenda this item for Tuedasy.
12 Discussion Re: Ordinance No. 30 -94, Amending City Charter, Article III. Section 3,
Compensation of Officers. and Code of Ordinances. Chapter 2. Administration. Division 2,
Compensation.
Agenda this item for Tuesday.
13. Discussion Re: Ordinance No. 31 -94. Appointing members to the Local Planning Agency.
Agenda this item for Tuesday.
14. Discussion Re: Resolution No. 94 -35. Appointing members to the Local Planning Agency
(LPA).
Agenda this item for Tuesday.
15. Discussion Re: Award of Bid No. 94-02 - Laboratory Water Purification System.
Agenda this item for Tuesday.
16. City Manager's Report.
City of Cape Canaveral, Florida
City Council Workshop Meeting
July 28, 1994
Page 6
Mr. Boucher announced that a meeting had been scheduled on August 4th at 7 p.m. in the
Library Multipurpose Room regarding the library expansion project in which the County invited
Council's input.
DISCUSSION:
1. Mayor Pro Tem Porter requested that an add on agenda item for Tuesday be the approval
of the contract with Hoyman, Dobson & Co. for audit services.
2. Mayor Pro Tem Porter acknowledged Mr. Tim Grady's concern regarding the fire
inspection fees for businesses. Mr. Grady, Canaveral Counseling Center, commented on the
letter which notified him that he was required to pay $50.00 for a fire inspection. He strongly
disagreed that any additional fee was unreasonable since he was required to pay an occupational
license fee which should include such an inspection, he also felt that he was not notified in a
timely manner regarding the fee. Chief Sargeant responded that by comparison to the State fee
of $100, the City's fee was reasonable. Mr. Nicholas commented that Brevard County charged
$35.00 for an inspection. Mr. Berger questioned if $50.00 for the size of Cape Canaveral's
community was fair enough to cover the cost for Chief Sargeant and his staffs' time. Chief
Sargeant answered that compliance to the codes required that the building conform to the codes
at the time of its construction, such research took a considerable amount of time. However,
there was a provision in the ordinance that allowed a higher fee for larger buildings. Further
discussion followed on the overall benefits of the fire inspections.
Mr. Porter questioned Mr. Grady where he thought the $12,00 for the fire fees could be
obtained. Mr. Grady answered that he did not object to the fee, his objection was to not being
notified and he thought the $12,000 should be derived from the occupational license fees. Mr.
Nicholas questioned how many businesses needed to be inspected. Mr. Fred Fishback answered
that there were 418 businesses that required an occupational license and at the mimimum
required $50.00 fire inspection fee an approximate sum of $20,900 would be collected annually.
Mr. Fishback believed that due to this amount the fire inspection fees should be no more than
$25.00. Mr. Randels expressed that many businesses requiring occupational licenses were
exempt from the City's fire inspection fee because those businesses were inspected by the State.
Further discussion followed on what was required by State laws to be included in the fire
inspection fees.
Mayor Pro Tem Porter asked if Council wished to continue discussion since the time was past
10:00 p.m. Mr. Berger answered that he wished to conclude the discussion on fire inspection
fees. He also expressed that the $50.00 fee should be left in effect for one year and analyzed
again at another time. Mr. Grady asked if the fire inspection service was put out for bids. Mr.
Berger answered that the State could perform the inspection at a minimum fee of $100.00,
however, Council felt it was more cost effective to have the City's Fire Department perform the
inspections. Mr. Nicholas felt that Council should amend the fee to $25.00 and allow the
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City of Cape Canaveral, Florida
City Council Workshop Meeting
July 28, 1994
Page 7
millage in property taxes for fire protection to absorb some of the fire inspection fee costs.
Agenda this item for Tuesday.
3. Mr. Hans Saurenmann requested that the lift station elimination from Canaveral Bay be
placed as an agenda item for the next workshop meeting. Mr. Boucher advised that Mr.
Saurenmann should make his request by letter to City Hall.
ADJOURNMENT:
There being no further business, the meeting adjourn at 10:20 p.m.
Susan Stills, ACTING DEPUTY CITY CLERK