HomeMy WebLinkAboutMinutes 09-29-1994 Workshop• •
CITY COUNCIL
WORKSHOP MEETING
September 29, 1994
A Workshop Meeting of the Cape Canaveral City Council was held on September 29, 1994, at
the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to
order at 7:01 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 Absent
City Manager Bennett Boucher Present
City Attorney John Kancilia Present
City Clerk Faith Miller Present
BUSINESS:
1. Presentation of 1994 Fall Beautification Awards (October 4, 1994).
Agenda this item for Tuesday.
2. Presentation by Mr. Frances J. Kuhn. 102 E. Central Blvd., re: sewer /garbage fees
(October 4, 1994).
Mr. Boucher stated that Mr. Kuhn objected to having to pay sewer /garbages fees on vacant units
and he would be present at Tuesday night's meeting to present his concerns. Mr. Porter
recommended having citizens present such concerns at workshop meetings, rather than at regular
meetings.
3. Discussion Re: Appointment of interim City Attorney.
Mr. Boucher stated that the City was familiar with Mr. Patrick Healy and his firm of Potter,
McClelland, Marks & Healy due to his work involving the Royal Mansions lawsuit. He advised
that Mr. Healy's firm had agreed to act in an interim capacity as City Attorney at a rate of
$75.00 an hour. If Council concurred, Mr. Healy would cover the Code Enforcement Board,
Planning & Zoning Board, and Board of Adjustment meetings; and Mr. William Potter would
cover the City Council meetings. Agenda this item for Tuesday.
4. Discussion Re: Resolution No. 94 -47. Authorizing an agreement with the Brevard County
Sheriff's Department to provide municipal police services for FY 94/95.
Mr. Boucher advised that he had received a revised contract that evening and the
"telecommunications" paragraph had been removed and the Sheriff's Dept. had not included the
compromise language regarding the deputy in the contract. Mr. Nicholas did not understand
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City of Cape Canaveral, Florida
City Council Workshop Meeting
September 29, 1994
Page 2
why the contract needed to include language regarding the deputies with less than one (1) year's
service since it had not been a problem in the past. He commented that he did not want the
Cape Canaveral precinct to become a training ground for the Sheriff's Department. There was
further discussion regarding the trainee provisions in the contract and the suggested language to
provide only one (1) trainee during the term of the contract. Agenda this item for Tuesday.
5. Discussion Re: Resolution No. 94 -48. Authorizing an addendum to the agreement for Fire
Protection and Emergency Medical Services with the Cape Canaveral Volunteer Fire
Department. Inc., for FY 94/95.
Agenda this item for Tuesday.
6. Discussion Re: Reuse system design.
Mr. Gary ReVoir, Hartman & Associates, explained that the estimated cost for the engineering
design services for Phases 2 and 3 of the reuse system design was approximately $100,000
which included $50,000 for survey services. He fully explained how the calculations were done
to arrive at the quoted fees. He stated that there were several items which could be clone to
minimize the survey costs such as using aerial photography to identify all of the right -of -ways
and basic surveying which would have to be done to identify locations of underground utilities.
Mr. Berger questioned which firm would be providing the survey services. Mr. ReVoir stated
that his firm did provide survey services or the City could utilize a sub - consultant to complete
the survey work. Mr. Berger questioned how adequate the City's as -built drawings were and
Mr. Boucher responded that the sewer and storm drainage drawings were adequate, but the
water and gas lines were not as clearly identified. He stated that Council needed to determine
whether it wanted to construct all three (3) phases of the reuse system at once or complete the
final design services for Phases 2 and 3 and only construct Phase 1 within the next year.
Mr. ReVoir stated that based on his opinion he did not feel that constructing Phases 2 and 3 of
the reuse system at an annualized cost would be a problem. He recommended moving forward
with the reuse system in phases to allow gauging in of the system to determine if the reuse water
would be under -used which would cause excess capacity problems or if it was over -used then
there would be deficit problems. Mr. Nicholas expressed his concerns regarding existing
properties which may want to connect to the reuse water and he felt that the system should be
constructed City -wide. Mr. Porter stated that Cocoa Beach had completed its reuse program in
phases. There was extensive discussion regarding the implications and differences of opinion
regarding whether or not the entire reuse system should be constructed as one project versus a
phased in project.
Discussion followed regarding the need for public education on the benefits of using reuse water,
possible amount of usage of reuse water by City residents, potential limitations on the City's
continuous discharge permit as granted by the Department of Environmental Protection, and
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City of Cape Canaveral, Florida
City Council Workshop Meeting
September 29, 1994
Page 3
whether or not there was enough capacity to provide reuse water to all City residents. Mr.
Porter stated that he wanted to see a cost analysis which would reflect the impact on the City's
sewer customers if the entire reuse system was constructed at once. Mr. Boucher stated that he
had set a public hearing for November 1, 1994, regarding the Amended Wastewater Facilities
Plan, Amended Capital Financing Plan and Dedicated Revenue requirements. He advised that
the City was in competition with other communities for the State Revolving Loan funds and that
the City had scored 830 points and its nearest competitor scored 350 points. He stated that
whichever community had their project ready to go by January 1, 1995, would receive priority
over receipt of the funds. Mr. Nicholas commented that the City needed to act on the design
of Phases 2 and 3. Mr. Boucher stated that the City would be requesting a permit for the entire
City, and that the only concern at present was the amount of funds to be requested from the
State (Phase 1 only or all three (3) Phases). Mr. Porter reiterated his request for sewer rate
comparisons and a projection of the future sewer rates. Agenda this item for Tuesday.
Mr. ReVoir stated that the bid for construction of the plant should be advertised within October
and that receipt of the bids would be scheduled for late November or early December. He stated
that construction of the reuse project was projected for late spring 1995. Mr. Porter advocated
coordinating construction of the reuse project along with the tree planting program to eliminate
the possibility of disturbing the newly planted trees during the reuse construction.
7. Discussion Re: Interlocal agreement with Brevard County's Local Planning Assistance
Program.
Agenda this item for Tuesday.
8. Discussion Re: Resolution No. 94 -51, Appointing a regular member to the Zoning Board
of Adjustment.
Agenda this item for Tuesday.
9. Discussion Re: Resolution No. 94 -52. Appointing a regular member to the Library Board.
Agenda this item for Tuesday.
10. Discussion Re: Authorization to bid for City Engineering services.
Agenda this item for Tuesday.
11. Discussion Re: Tourist Development Tax.
Mr. Boucher stated that he had spoken to Cocoa Beach Commissioner Allen regarding the tourist
development tax. He stated that it appeared that Cocoa Beach felt that due to the impact tourism
had on the City that Cocoa Beach should be receiving their fair share of the tax. The tax was
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City of Cape Canaveral, Florida
City Council Workshop Meeting
September 29, 1994
Page 4
implemented to promote tourism throughout the County. He commented that possibly the
Legislative Delegation should be approached regarding another one cent tax to help support
communities who had high tourism impacts. Mr. Porter stated that Cocoa Beach had been very
successful in getting tourism tax money utilized within their City. He suggested discussing the
matter further at the Local Government Cooperation Committee.
12. Discussion Re: Brevard County's decision to direct development to Vierra.
Council concurred not to take any action on the matter.
13. City Attorney's Quarterly Report.
Mr. Kancilia reviewed his final Quarterly Report. He stated that in the Abbott vs. City of Cape
Canaveral case, all of the initial and replied briefs had been submitted and oral argument was
set for the week of October 31, 1994. He advised that in the Royal Mansions lawsuit, Mr.
Healy had filed a motion for summary judgement which was heard by the court on September
15, 1994, and no ruling had been issued as of yet. Mr. Kancilia stated in the Szapor case, Mr.
Reinman had filed a motion to dismiss and the motion was heard on August 16, 1994, and the
court had denied the motion, but the plaintiff had voluntarily agreed to amend his complaint;
Mr. Reinman would not be submitting an answer to the failed motion to dismiss until the
amended complaint was filed.
Mr. Berger and Mr. Porter thanked Mr. Kancilia for his services as City Attorney over the past
two (2) years. Mr. Kancilia stated that he appreciated the opportunity and the experience he had
gained as City Attorney.
14. City Manager's Report.
Mr. Boucher stated that he had received a memo from Brevard County regarding the library
layout and he distributed copies of same to Council. Discussion followed regarding variations
for parking facilities and the library entrance.
Mr. Boucher stated that the City had taken in $5,500 for the sale of surplus City equipment
during the recent City auction.
DISCUSSION:
Mr. Nicholas questioned three (3) incidents listed on the June monthly activity report and a
"shooting in area" incident in the July report for the Sheriff's Department. He asked for further
clarification and Mr. Boucher would provide same at the next Council meeting.
Mr. John Murphy questioned when would be the appropriate time to submit comments regarding
the City's current engineer. Mr. Kancilia explained the Consultants Competitive Negotiations
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City Council Workshop Meeting
September 29, 1994
Page 5
Act. Mr. Boucher stated that the request for proposal would be advertised in Florida Today,
Orlando Sentinel and an engineering type journal. He advised that Mr. Murphy should submit
any comments regarding the engineers during completion of the bid process when Council
"short- listed" the firms.
There being no further business, the meeting adjourned at 8:28 P.M.
with G. Miller, CMC /AAE
City Clerk