Loading...
HomeMy WebLinkAboutMinutes 03-06-1990 CITY COUNCIL REGULAR MEETING MARCH 6, 1990 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on March 6, 1990, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 30 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. The roll was called by the City Clerk. Officials present were Mayor, Joy Salamone; Mayor Pro Tem, Ann Thurm; Council Members Don Arabian, John Porter and Rocky Randels. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac; and City Clerk, Jan Leeser. Mr. Porter moved to approve the minutes of the Regular Meeting of February 20, 1990. Mrs . Thurm seconded motion. Motion carried unanimously. At this time, Mr. Nicholas presented the Special City Employee Award to Mr. Hugh O' Keefe, Senior Operator at the Wastewater Treatment Plant. Mayor Salamone read a Proclamation regarding Employ the Older Worker Week. UNFINISHED BUSINESS 1 . Ordinance No. 7-90 Amending Chapter 611 , Building Code, by Adopting Latest Edition of the Standard Building Code and Establishing Coastal Construction Building Code as Chapter 612 (Second Reading and Public Hearing ) AN ORDINANCE AMENDING CHAPTER 611 , BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STAN- DARD BUILDING CODE; ESTABLISHING THE COASTAL CONSTRUCTION REGULATIONS AS AN INDEPENDENT CODE CHAPTER 612 ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved for adoption. Mrs . Thurm seconded motion. Vote on the motion was unanimous. 2 . Ordinance No. 8-90 Amending Chapter 613, Standard Plumbing Code, by Adopting Latest Edition of the Code ( Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 613, STANDARD PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved for adoption. Mr. Porter seconded motion. It was pointed out that the purpose of this series of Ordinances was to adopt the latest edition of the codes as established by the Standard Building Code Congress . Motion carried unanimously. Ordinance No. 8-90 was adopted on second reading. City Council Regular Meeting March 6, 1990 Page 1 of 5 3. Ordinance No. 9-90 Amending Chapter 614, Standard Mechan- ical Code, by Adopting Latest Edition of the Code (Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 614, STANDARD MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. Motion carried unanimously. 4. Ordinance No. 10-90 Amending Chapter 615, Standard Gas Code, by Adopting Latest Edition of the Code (Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 615, STANDARD GAS CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved for adoption. Mrs. Thurm seconded motion. Motion carried unanimously. 5. Ordinance No. 11-90 Amending Chapter 619, Standard Housing Code, by Adopting Latest Edition of the Code (Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 619 , STANDARD HOUSING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs. Thurm moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. 6. Ordinance No. 12-90 Amending Chapter 621 , Fire Prevention Code, by Adopting Latest Edition of the Code ( Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 621 , FIRE PREVENTION CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (W Mayor Salamone read the title of the Ordinance. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. Motion carried unanimously. 7. Ordinance No. 13-90 Amending Chapter 626, Life Safety Code, by Adopting Latest Edition of the Code (Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 626, LIFE SAFETY CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STAN- DARD CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. City Council Regular Meeting March 6, 1990 Page 2 of 5 Mayor Salamone read the title of the Ordinance. Mr . Randels moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. NEW BUSINESS 1 . Resolution No. 90-11 Plat Approval, Banyan Cove, Phases 1 , 2 & 3, Parcel 279 , Sec. 23, Twp 24S, Rge 37E - James Murphy A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE PLAT OF "BANYAN COVE, PHASE 1 , 2 , AND 3" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. 1110 Mayor Salamone read the title of the Resolution. Mrs . Thurm moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. 2 . Motion Re : Authorizing Transportation Studies for Implemen- tation of Concurrency Management System Mr. Arabian moved to waive the bid process and authorize Transportation Consulting Group to provide services as detailed in their proposal, in the amount of $6,000.00. Mr . Porter seconded motion. It was pointed out that the transportation studies were required so that the City could implement the concurrency management system. It was further noted that the City' s consulting engi- neers, Briley, Wild and Associates, had contacted at least one other firm and had recommended the Transportation Consulting Group. Mr. Nicholas advised that it was his opinion that the price quoted by them was a fair price for the amount of work to be delivered. Mrs. Thurm questioned the legality of waiving the bid process. City Attorney Theriac advised that there was no legal problem with the procedure, since the amount of the contract was $6,000.00. Mayor Salamone requested a clause be added to the contract to state that if the work was not completed within the specified thirty days, a penalty of $250.00 a day would be imposed. Mr. Jim Baker, representing Transportation Consulting Group, advised that he was not authorized to agree to such a clause. Discus- sion followed on the urgency on having the studies done. It was pointed out that if the Council amended the contract to include the penalty clause, and the firm did not accept it, it would need to be brought before Council again and therefore delay the needed studies. Mr. Theriac advised that the fourth paragraph under Terms of Agreement regarding attorney' s fees should be deleted. Mr . 1: Baker agreed to this change. Mr. Porter moved to amend by dele- ting said paragraph. Mrs. Thurm seconded the motion. Motion carried unanimously. Vote on the main motion on the floor , to authorize the study, was as follows: In favor, Mr. Arabian, Mr. Porter, Mr. Randels and Mrs. Thurm; opposed, Mayor Salamone. Motion carried. DISCUSSION Mr. Nicholas advised that Captain Pantelis Xagoraris from the Sister City of Ithaca, Greece was in attendance and wished to address the Council regarding their planned activities. Captain City Council Regular Meeting March 6, 1990 Page 3 of 5 Xagoraris advised that a group of dancers and singers are planning to present a series of concerts in the immediate area in June, with proceeds going to the Florida Space Coast Children' s Fund. In addition, the Mayor of Ithaca and five ministers will accompany the group for a total delegation of approximately thirty people. Captain Xagoraris further stated that in October, to coincide with the launching of the Ulysses mission, they wished to have Mayor Salamone and a delegation of American children visit Ithaca. Captain Xagoraris related that he had appointments with represen- tatives of Pan Am World Airlines and Olympic Airlines to see if they would be willing to provide transportation at no charge. He also indicated he had an appointment with Governor Martinez to see if the State of Florida would be able to assist in any way. Discussion followed on the City's limited financial and manpower resources to handle an undertaking of this magnitude. Mr. Theriac advised that the City could be held liable if they sponsored the events. Several members of Council agreed that they would be willing to host the members of the performance group. It was suggested that either a citizens group or the Chamber of Commerce Tourist Development Council be asked to sponsor the activities. Ms. Helen Filkins, President of the Cape Canaveral Citizens Association, noted that her group could not assume the total responsibility of the events but would be willing to help in any way possible. Mr . Porter will contact the Chamber of Commerce. Mr. Nicholas distributed copies of the City Manager ' s Evaluation form and advised this item would be placed on the next workshop agenda for discussion. Mr. Theriac reviewed the interview process for the prospective board members, which will be conducted at the next workshop meeting. Discussion followed. Mr. Theriac advised that the oral arguments on the Cape Winds case would be heard on Monday. Mr. Randels reported on Trash Bash Day activities and a letter from Cablevision regarding rewiring older condominiums . Discus- sion followed. Mr. Porter recapped the CCVFD monthly report. He questioned the possibility of the City becoming a member of the East Central Florida Regional Planning Agency. Mr. Nicholas will check on the membership fees. Mr. and Mrs. Mather addressed the Council regarding their building permit to construct a single family house on Surf Drive being denied because of the recently adopted Concurrency Manage- ment Regulations. Discussion followed. Mr. Nicholas will look into the matter to see if their permit would come under the "vested rights" portion of the Ordinance. Discussion was held on the location of the easement for the proposed dune crossover east of Harbor Heights. Mr. Porter suggested a letter be written to Dr. Dwight Schmitt who is a resident of the City and was recently honored by being chosen as a finalist for the Brevard Teacher of the Year Award. Discussion was held on the status of the Long Point Road sewer installation. City Council Regular Meeting March 6, 1990 Page 4 of 5 Mr. Nicholas displayed one of the new trash containers which will be utilized on the beaches and in the City parks. There being no further business, the meeting was adjourned at 9 :23 P.M. Approved this 20th day of March , 1990 . /46-7441 Mayor Pro 'Ir em ') I) : ‘ , - [Iv C' y Clerk City Council Regular Meeting March 6, 1990 Page 5 of 5