CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 6, 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
City Attorney, Kohn Bennett
City Clerk, Sandra Smith
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski

PRESENTATIONS:

Martha Carroll, Beautification Board Chair, presented the Spring/Summer Beautification Awards to the following:

Residential Multi-Family  Commercial

Jim McCaslin &
Megan Moore

Jim Sargeant

Budget Rent-A-Car

525 Adams Avenue

Treasure Beach Apts.

Astronaut Blvd.

Leonard Folcarelli, Business and Cultural Development Board Chair and Mayor Randels, presented $50 awards to the following Student Art Show Winners:

Best-In Show - Cape View Elementary: Jocelyn M. Rice, nine years old
Best-In Show - Roosevelt Elementary: Jacqueline N. Williams was not present

RESOLUTIONS:

1. (Tape 1, 389) Mayor Randels read Resolution No. 2000-16 by title; Re-naming the Ridgewood Avenue Extension through the Harbor Heights Subdivision.

A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY RENAME A PORTION OF RIDGEWOOD AVENUE TO HARBOR DRIVE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED ROADWAY AS REDEFINED ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE.

A motion was made by Mr. Weber and seconded by Mr. Petsos to approve Resolution No. 2000-16.

City Manager, Bennett Boucher, explained Chief David Sargeant’s recommendations for the name change as outlined in his memorandum distributed at the meeting. Mr. Irve Goldberg, Ridgewood Avenue, requested that the name change be deferred until the County has revised their 911 system.

Mr. Treverton related that the Fire Chief convinced him that the current address division creates confusion, especially in an emergency situation. Mr. Bruns expressed support for changing the name currently, as reiterated by Mr. Petsos that although it requires the affected residence a substantial inconvenience, however, the life safety issue is an overriding factor. Mayor Randels concurred.

Ed Gardulski, Public Works Director, related that both street signs could remain for a year to accommodate the transition.

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.

2. (Tape 1, 832) Mayor Randels read Resolution No. 2000-18 by title; Requesting the FDOT to Plan for Replacement of the SR 528 Bridge on the Indian River with a Six-Lane Configuration.

A RESOLUTION REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PLAN FOR REPLACEMENT OF THE SR528 BRIDGE ON INDIAN RIVER WITH A SIX LANE CONFIGURATION.

A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 2000-18.

Mayor Randels explained that SR528 should be six-lane, which makes it logical for the bridge to be constructed with similar lanes. Council concurred. There was no public comment. The resolution is to be forwarded to the Canaveral Port Authority.

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.

  1. (Tape 1, 932) Mayor Randels read Resolution No. 2000-19 by title; Amending the Annual Budget.
  2. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000; PROVIDING FOR AN EFFECTIVE DATE.

    A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Resolution No. 2000-18.

    City Treasurer, Andrea Bowers, distributed an updated spreadsheet. She explained that most items are issues that have been previously approved by Council. Mr. Petsos queried if the door being installed on the east side of the annex is storm load sufficient. Public Works Director, Ed Gardulski, explained that it is in conformity.

    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.

  3. (Tape 1, 1110) Mayor Randels read Resolution No. 2000-20; Authorizing the Annual Renewal of the City Engineering Contract with Stottler, Stagg & Associates.

A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STAGG AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.

A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Resolution No. 2000-18.

Mr. Petsos expressed support for the re-appointment and encouraged a greater effort for timely project completion and regular reporting. Mr. Treverton, Mr. Bruns and Mr. Weber commended the firm. Mayor Randels expressed concern that timeliness of project completion is not routinely on schedule. Mr. Gardulski explained that meeting schedule dates are highly dependent upon other agencies and entities meeting timelines in order for the engineering firm to complete projects. Mr. Boucher requested that the engineering firm obtain more environmental staffing.

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.

CONSIDERATIONS:

5. (Tape 1, 1324) A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the City Council Regular Meeting Minutes of May 2, 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.

A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of May 16, 2000.

The motion passed 5-0 with voting as follows:

  1. (Tape 1, 1376) A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Bid No. 99-03; Reclaimed Water Project Phase III, Extension Part III, Change Order in the Amount of $135,173.
  2. Mr. Gardulski explained that the unit prices remain the same and the contractor is doing a good job. Mr. Petsos expressed concern that there is a water shortage, yet we continue installing. Mr. Gardulski related that conservation measures would have to be instituted. Mr. Leo Nicholas related that there is only a small area that has not received the reclaimed water. Mayor Randels explained that all areas would be addressed. Mr. Gardulski explained when and how the installations would be constructed.

    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.

  3. (Tape 1, 1659) A motion was made by Mr. Weber and seconded by Mr. Petsos to approve Brevard Metropolitan Planning Organization Application; Request for State and Federal Transportation Project Funding as illustrated by staff, including the International Avenue/Atlantic Avenue/A1A intersection evaluation for reconfiguration.
  4. 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, 1852) A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve Beach Storm Damage Reduction Easement to provide for placing sand on the beaches.

Mr. Bennett expressed concern that the easements are assignable. It should be nonexclusive, removing the word assignable. It reserves the right to the City to construct structures over the dunes with approval of plans and specifications by the County. Mr. Petsos stated that this easement is different than the easement presented to City. Mr. Treverton queried the City Attorney as to the appropriate stance in regard to potential dangers. Mr. Bennett explained that having nonexclusive essentially gives deed. Obtaining approval by the County is primarily a staff issue. Council concurred to change the easement language removing the word assignable and inserting nonexclusive. Mr. Gardulski expressed concern that obtaining permits would entail fees.

Mr. Bruns and Mr. Petsos to table.

The motion to table 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.

REPORTS:

City Manager – Bennett Boucher

  • Mr. Boucher reported that a representative from our Sister City, Kloten, Switzerland on Saturday and will stay through Monday. Mr. Petsos recommended and Council concurred to pay for their hotel stay at the Radisson.
  • Mr. Boucher reported that the Thurm Boulevard (Tower Boulevard) construction is progressing well.
  • The Wednesday Friendsday event will be held again on July 5 at the Radisson.
  • Thanked Council for sponsoring the employee picnic
  • The Building Official has resigned on good terms, Morris Reid will be acting and a state-wide search will be conducted
  • Schedule a workshop 6/27 at 5:00 pm to discuss the sewer rate and sewer impact fee study and the City Hall study.
  • The owner of a beached sailboat at the beach end of Taylor Avenue has started removal efforts.

Audience

  • Mr. Leo Nicholas queried if other cities are involved with the beach easement and if so, is it the same as other cities’? Mr. Boucher related that Cocoa Beach is the other city and he will contact them for comparison.
  • Ms. Judy Hale reported that children are apparently breaking sprinkler system parts off in Washington Park and there was a washout on a vacant lot at Ridgewood Avenue
  • Mr. Goldberg related that he has heard of numerous situations that there is not enough water pressure to activate irrigation sprinklers.

Mr. Gardulski presented an illustration of demand rates for reclaimed water. Further, he illustrated the daily production, rainfall and consumption for the months of March, April and May 2000. He recommended that an education program be increased on when and how to use the irrigation. Further, installing a valve system may be an alternative recourse. However, the best alternative is to construct a storage tank to capture production.

Mr. Bruns queried why we are sending 200,000 -300,000 gallons of reclaimed water to Cocoa Beach when our residents are not receiving an adequate amount?

Mr. Gardulski responded that City residents should conserve more; a lot of water is being wasted. Mr. Bruns retorted that the City of Cocoa Beach residents are not conserving any differently than the City of Cape Canaveral residents, and the agreement says we do not have to give them any if we do not have enough.

Mr. Gardulski stated that the City of Cape Canaveral calls on the City of Cocoa Beach to help us out when we are in need by sharing resources. Although we are unable to supply their entire need, we are obligated to some level of assistance. Our citizens are our first concern, but we should share our resources of reclaimed water and other products or equipment.

Mr. Bruns stated that he agrees in concept, however, the Port is our neighbor and we have yet to send them any water for irrigation as we agreed. He requested that Council have an opportunity to hear staff's policy on reclaimed water distribution methods to entities outside the City, as well as the City's water restriction policy. He further emphasized that Canaveral sewer rates are based on our ability to generate water and process wastewater. The Canaveral citizens are solely responsible for generating and funding the water supply, therefore, they should have the highest consideration.

Mr. Bruns queried how the calculations of the sewer study could have demonstrated the ability to fulfill a 600,000-gallon contract? He related that our contract agreement stipulates that the City of Cocoa Beach receives reclaimed water dependent upon the City of Cape Canaveral’s capacity to deliver the water. It is not acceptable that City residents are paying for the water through their sewer fees. Therefore, City residents should receive the water first. Mr. Petsos concurred with Mr. Bruns, however, there is some obligation to the City of Cocoa Beach due to previous Council commitment. Mr. Petsos queried if the restrictions should be increased during the current drought?

Mr. Gardulski recommended that Cape Canaveral residents receive reclaimed water distribution three days per week versus daily hourly restrictions because the tanks cannot otherwise recover. Drought severity should determine the extent of further irrigation schedule restrictions. He related that he would like to control the system in such a way that it is not a guessing game. A set schedule should be implemented so citizens do not have to speculate when the irrigation water would be available. The demand has been so strong that the period between 10:00 a.m. and 4:00 p.m. daily does not allow enough time to recover enough water to the tank to maintain proper pressure for distribution. Until the looping system has been constructed for better control, varying distribution restrictions (dependent upon drought severity) is the only recourse.

Mr. Boucher commended Public Works staff for monitoring and adjusting to provide residents with the best opportunity for reclaimed water use. They have tried to accommodate a seven day provision, but if the drought continues, distribution will have to be reduced.

Council authorized staff flexibility to implement reclaimed water management procedures in a manner most sensitive to residents with the directive to have press releases and/or articles published immediately in the local newspaper and inform Council as any schedule or program changes.

City Clerk

  • No report.

City Attorney

  • No report.

Larry Weber

  • Commendation for garbage cans at Manatee Park and Banana River Park.
  • Met with Brevard County Recreation Director for ideas to improve the City’s Ballpark and submitted his suggestions to the City Manager. Possibly the Parks and Recreation Board could review the suggestions.

Richard Treverton

  • No report

Burt Bruns

  • Mr. Bruns queried what the joint meetings of local government cooperative committee is.
  • Legislative committee report regarding a source of funding for water management. He encouraged staff to pursue any avenues of grant funding.
  • Local citizens advisory committee of residents, business owners on A1A issue. Council should individually select representatives for appointment. This issue will be on the next agenda. Current board members will be notified to generate interest.
  • Our millage rate needs to be considered closely from water management issues.

Buzz Petsos

  • Mr. Petsos expressed concern that sea turtle nests are not being marked.
  • USA is having a volunteer recognition event at the Holiday Inn in Cocoa Beach. The City Council has been invited to attend.
  • Mr. Petsos commended the author of the trash on the beach editorial demonstrating that a major cause is by ship traffic.

Mayor Randels

  • Mayor Randels reminded Council that the City did not submit an application to the P2000 fund this year.
  • SJRWMD stormwater park project grant submittal is due by July 7.
  • Transient homeless are relocating to the City.
  • Brevard County Urban Development Block Grant is requesting support for their CDBG grant. He explained that they helped three first time homebuyers, repaired one home and provided a loan to one individual in the City of Cape Canaveral this past year.
  • The census is just being completed. The City received an award for involvement.
  • Mayor Randels received an appointment to a State committee for his involvement in the state alternative energy program.
  • Mayor Randels reported that Fannie Mae has received money for the state for first time homebuyers.

There being no further business, the meeting adjourned at 9:12 p.m.

Rocky Randels, MAYOR
Sandra Smith, CITY CLERK