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HomeMy WebLinkAboutMinutes 08-04-1992 CITY COUNCIL REGULAR MEETING August 4 , 1992 A Regular Meeting of the Cape Canaveral City Council was held on August 4, 1992, 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. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Andy Kedzierski Present (0, Councilmember Rocky Randels Present Councilmember Ann Thurm Present City Manager Edward Spenik Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: Motion by Mr. Kedzierski , seconded by Mr. Randels to approve the minutes of the Regular Meeting of July 21, 1992 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels , For; Councilwoman Thurm, For. UNFINISHED BUSINESS : 1 . Resolution No. 92-31, approving the final plat of Sea Era Segundo, Lots 1 -8, Replat of Lots 1 , 2, 6, 7, Block 40, Avon by the Sea (located east of and adjacent to Ridgewood Avenue, between Harrison and Tyler Avenues) - Sea Era Sands Development. Mayor read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "SEA ERA SEGUNDO" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels , seconded by Mrs. Thurm to adopt Resolution No. 92-31. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. Mayor Salamone apologized to the developer for comments she had made previously regarding the development . (11r 2. Ordinance No. 08-92, authorizing the conveyance of property by a quit claim deed to Supra Color Enterprises, Inc. , for first reading. Mayor read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; VACATING A CERTAIN ROAD RIGHT-OF-WAY LOCATED WITHIN THE CITY; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR AUTHORITY OF THE CITY TO EXECUTE A DEED; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Thurm to adopt Ordinance No. 08-92 at first reading. Mr. Kancilia advised that the legal description had been provided by Mr. Tezel after a survey of the property. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. City of Cape Canaveral, Florida City Council Regular Meeting August 4, 1992 Page 2 NEW BUSINESS: 1. Motion Re : Engagement letter for the City of Cape Canaveral end of the fiscal year audit for 91/92 - Hoyman, Dobson & Company, P.A. Motion by Mr. Porter, seconded by Mrs. Thurm to accept the services of the firm of Hoyman, Dobson & Company for the fiscal year audit irfor 91/92 with a cap of $20, 500. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. 2. Motion Re : Study and evaluation of the City' s Recreation Department - Hoyman, Dobson, & Company, P.A. Motion by Mr. Porter, seconded by Mr. Kedzierski for an internal audit of the Recreation Department for 92/93 not to exceed $2, 500 by Hoyman, Dobson & Company. Mrs. Thurm questioned the differences between the services described in the three ( 3) proposal letters received from Hoyman, Dobson & Company. Mr. Thomas L. Kirk of Hoyman, Dobson explained the scope of services contained in each of the proposal letters. There was extensive discussion regarding the proposed audit services of particular City departments. Mr. Kirk explained that the services included in the second letter were a study and evaluation of audit controls in place within the system relative to the Recreation Department. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilman Kedzierski For Councilman Randels For Councilwoman Thurm Against 3. Motion Re : Test of compliance with the internal audit controls that are identified - Hoyman, Dobson & Company, P.A. Motion by Mr. Kedzierski , seconded by Mr. Porter for the acceptance of a test of compliance with the internal audit controls that are identified by Hoyman, Dobson & Company with the fee not to exceed $3,000. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilman Kedzierski For Councilman Randels For Councilwoman Thurm Against 4. Motion Re : Hold harmless agreement and expenditure to repair the drainage problem at 661 Adams Avenue (Richard S. Young) . Motion by Mr. Randels , seconded by Mrs. Thurm to approve the proposal to raise the berm through the use of asphalt to prevent the runoff from the alley at 661 Adams Avenue. Mr. Kancilia advised that Exhibit A, describing the actual repairs involved, needed to be attached to the agreement prior to the agreement being executed. Mr. Spenik stated that the motion should be subject to the attorney's approval on the language included on Exhibit A. Mr. Randels accepted Mr. Spenik 's suggestion. City of Cape Canaveral, Florida Regular City Council Meeting August 4, 1992 Page 3 Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. 5. Ordinance No. 09-92, Amending Chapter 611, Building Code, to include 1991 Edition, with 1992 Revisions, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 611, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST REVISIONS OF THE STANDARD BUILDING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Kedzierski to approve Ordinance No. 09-92 at first reading. Mayor Salamone questioned why the proposed ordinance deleted certain provisions under Sections A101. 4. 1 and A101 .4 . 3. She felt that the 1991 Editions, with 1992 Revisions, of the Codes needed to be adopted in their entity. Mr. Kancilia stated that the sections were deleted at the request of the Building Department and that the reason for the request was that the Standard Building Code had been amended in those particular sections since the latest revision and Section 101. 4. 1 requirements were added to Building Official and Building Inspector qualifications. The additions to the qualifications included that "The Building Official should be certified as a Building Official through a recognized certification program. The Building Official shall be appointed or hired by the applicable governing authority and shall not be removed from office except for cause after a full opportunity has been given to be heard on specific charges before such applicable governing authority. " Presently the City 's Building Code did not provide for a certification requirement on the part of the Building Official nor did it give the Building Official the right to his office except for removal upon cause. Mr. Kancilia stated that there was also a certification clause for the Building Inspector included in A101 . 4 . 3. He stated that the Building Code reflected the modern trend toward greater qualifications among public employees. Mr. Randels questioned if the Ordinances were approved as presented would the City be adopting less than what the Southern Building Code requested. Mr. Kancilia stated that if the ordinances were adopted as presented then the City would be adopting less than what had been requested by the Southern Building Code. Mayor Salamone suggested amending the ordinance to remove the amendment and only adopt the Building Code in its entirety. Motion by Mr. Kedzierski , seconded by Mayor Salamone to approve an amendment to Section 1 of Ordinance No. 09-92 to allow adoption of the Standard Building Code in its entirety. Mr. Leo Nicholas stated that the City Charter provided that the City Manager was responsible for the hiring and firing of all Department Heads. Mr. Kancilia agreed to review same. Mr. Ben Shoemaker, 421 Lincoln Avenue, questioned if ADA requirements were included in the Southern Building Codes . Mr. Kancilia advised that ADA requirements were a separate issue. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels , For; Councilwoman Thurm, For. City of Cape Canaveral, Florida Regular City Council Meeting August 4, 1992 Page 4 Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels , For; Councilwoman Thurm, For. 6. Ordinance No. 10-92, Amending Chapter 613, Standard Plumbing Code, to include 1991 Edition, with 1992 Revisions , for first reading. IP Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 613, STANDARD PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD PLUMBING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Kedzierski, seconded by Mr. Porter to adopt Ordinance No. 10-92 at first reading. Mayor Salamone questioned why certain sections of the Code were being deleted. Mr. Tom Kleving, Building Inspector, explained that Section 101. 4 . 1 provided for Building Official qualifications, Section 101 . 4. 2 provided for Building Inspector qualifications, and Section 105. 4 . 1 provided procedure for appeals of decisions made by the Building Official. Motion by Mayor Salamone, seconded by Mr. Randels to amend the motion to adopt the Standard Plumbing Code in its entirety. Mr. Randels questioned why the appeal provision was being deleted and Council asked for further City Attorney and staff review. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. 7. Ordinance No. 11-92, Amending Chapter 614, Standard Mechanical Code, to include 1991 Edition, with 1992 Revisions, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 614, STANDARD MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD MECHANICAL CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs . Thurm, seconded by Mr. Kedzierski to adopt Ordinance No. 11-92 at first reading. Motion by Mr. Randels, seconded by Mr. Kedzierski to delete Section 614.02 as presented on Ordinance No. 11-92. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. City of Cape Canaveral, Florida Regular City Council Meeting August 4, 1992 Page 5 8. Ordinance No. 12-92, Amending Chapter 615, Standard Gas Code, to include 1991 Edition, with 1992 Revisions, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 615, STANDARD GAS CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD GAS CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Kedzierski , seconded by Mr. Randels to amend Ordinance No. 12-92 to delete Section 615.02. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For: Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. Motion by Mrs. Thurm, seconded by Mr. Kedzierski to adopt Ordinance No. 12-92. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. 9. Ordinance No. 13-92, Amending Chapter 619, Standard Housing Code, to include 1991 Edition, with 1992 Revisions, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 619, STANDARD HOUSING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD HOUSING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Kedzierski to adopt Ordinance No. 13-92. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For. 10 . Ordinance No. 14-92, Amending Chapter 621 , Fire Prevention Code, to include 1991 Edition, with 1992 Revisions, for first reading. IMPMayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 621, FIRE PREVENTION CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE FIRE PREVENTION CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Kedzierski , seconded by Mr. Randels to adopt Ordinance No. 14-92. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. City of Cape Canaveral, Florida Regular City Council Meeting August 4, 1992 Page 6 11. Ordinance No. 15-92, Repealing Chapter 207, Personal Property Control, in its entirety, establishing a new Chapter 207 entitled "Personal Property Control" , for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE [to CANAVERAL, BREVARD COUNTY, FLORIDA, BY REPEALING CHAPTER 207, PERSONAL PROPERTY CONTROL, IN ITS ENTIRETY; ESTABLISHING A NEW CHAPTER 207 ENTITLED "PERSONAL PROPERTY CONTROL" ; PROVIDING DEFINITIONS; PROVIDING FOR RECORD AND INVENTORY CONTROL OF CITY- OWNED PERSONAL PROPERTY; PROVIDING FOR SUPERVISION AND CONTROL OF PROPERTY; PROVIDING FOR PROPERTY ACQUISITION GUIDELINES; PROVIDING GUIDELINES FOR DISPOSITION OF SURPLUS PROPERTY; PROVIDING AN ALTERNATIVE PROCEDURE; PROVIDING FOR RECORD KEEPING; PROVIDING FOR VALUATION OF PROPERTY; PROVIDING FOR LEGISLATIVE INTENT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Kedzierski to adopt Ordinance No. 15-92. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. 12. Motion Re : Purchase of 1990 Ford Dump Truck. Motion by Mr. Kedzierski, seconded by Mrs. Thurm to authorize the City Manager to purchase a 1990 Ford Dump Truck with a price not to exceed $13,987. Mr. Randels spoke in favor of the purchase. Motion carried with members voting as follows : Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski, For; Councilman Randels, For; Councilwoman Thurm, For. 13. Motion Re: Request by Tom Quinn, Q & W Construction, Inc. , for open street cut in accordance with Chapter 727, Public Area Construction Regulations. Motion by Mr. Randels , seconded by Mrs. Thurm to approve the request. Mayor Salamone felt that this type of item should not be presented to Council for approval. She asked Mr. Kancilia to review the ordinance requirements for Council approval. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Kedzierski , For; Councilman Randels, For; Councilwoman Thurm, For. DISCUSSION: 1. Mayor Salamone spoke briefly on the arrangements for the City 's Sister City of Kita Kyushu, Japan 's visit to Florida and the functions organized for same. She explained the functions that were planned for September 9 - 10, 1992. Council concurred to purchase a wood carving of the City Seal similar to ones previously given to other Sister Cities and keys to the City to be given to the officials of Kita Kyushu. Council concurred to schedule a combined workshop and regular meeting for September 15, 1992 and to cancel the regular workshop meeting on September 20, 1992. Mr. Spenik suggested that he may be able to obtain donations to cover the cost of the keys. 2. Mr. Randels spoke briefly regarding installing rain sensor devices on the irrigation systems located on City property. City of Cape Canaveral, Florida Regular City Council Meeting August 4, 1992 Page 7 3. Mr. Randels commended the Cape Canaveral Volunteer Fire Department for its participation in the "Aluminum Cans for Burned Children Program" to benefit Shands Hospital in Gainesville. 4. Mrs. Thurm questioned whether or not the City had an ongoing stormdrain clean-out program and Mr. Spenik explained the current cleaning projects being undertaken by the City 's Public Works Department. 5. Mrs. Thurm referenced the additional information she had requested regarding the request for proposal for the wetlands concept. Mr. Kancilia advised that he was researching same. 6. Mr. Tezel commended Mr. Kancilia, Mr. Markey, and Mr. Spenik for their assistance during the conveyance process of the Supra Color property. He asked that the City or the residents of Cape Shores provide input as to the intended use of the subject property. 7. Mr. Porter stated that he had spoken to Mr. Don Arabian regarding the State-owned property within Cape Canaveral . He spoke in favor of the City approaching the State again regarding the purchase of the subject property for the wetlands enhancement program. There was further discussion among Council regarding same. Mr. Spenik advised that a special workshop meeting regarding items related to the sewer plant expansion/modification program and an executive session regarding union negotiations were needed in the near future. Council concurred to schedule an Executive Session for August 6, 1992, at 6 : 30 P.M. , prior to the regular Council workshop meeting. Council concurred to schedule a special workshop session on the sewer plant expansion/modification for August 13, 1992 at 7 : 30 P.M. and to make the meeting of August 18, 1992, a combined workshop and regular meeting, at 7 : 30 P.M. ADJOURNMENT: There being no further business, the meeting adjourned at 8 : 52 P.M. Approved this 18th day of August , 1992. 111, J C a aurone, OR ATTEST: Faith G. Mille , ' ITY CLERK - \:'I �.'