HomeMy WebLinkAboutMinutes 12-15-1992 CITY COUNCIL
REGULAR MEETING
December 15, 1992
A Regular Meeting of the Cape Canaveral City Council was held on
December 15, 1992 , at the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida. The meeting was called to order at 7 : 32 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 Robert Abbott Present
Councilmember Joan Calvert Present
Councilmember Rocky Randels Present
Acting City Manager Bennett Boucher Present (Late)
City Attorney John Kancilia Present
City Clerk Faith Miller Present
ADOPTION OF MINUTES:
1. Regular Meeting of December 1, 1992 .
Motion by Mr. Randels, seconded by Mrs. Calvert to approve the
minutes of the Regular Meeting of December 1, 1992 , as presented.
Motion carried with members voting as follows: Mayor Salamone,
For; Mayor Pro Tem Porter, For; Councilman Abbott, For;
Councilwoman Calvert, For; Councilman Randels, For.
OLD BUSINESS:
1. Motion Re: Continuing Engineering Services contract with
Dyer, Riddle, Mills, Precourt, Inc.
Motion by Mr. Randels, seconded by Mr. Porter to approve the
agreement as presented with Dyer, Riddle, Mills & Precourt, Inc.
Mr. Randels spoke in favor of the agreement and questioned wording
included on page 9 which included the multiplier method. Mr. John
Frazier advised that wording pertaining to the multiplier would be
removed. Motion carried with members voting as follows: Mayor
Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For;
Councilwoman Calvert, For; Councilman Randels, For.
NEW BUSINESS:
1. Motion Re: Renewal of agreement with ICMA Retirement Trust
Corporation - 457 Deferred Compensation Plan.
Mr. Kancilia advised that the 0. 9% administrative fee was charged
by the Retirement Corporation for all municipal employees
throughout the United States and he stated that Mr. Boucher felt
the fee was reasonable. Motion by Mr. Randels, seconded by Mrs.
Calvert to renew the agreement with the ICMA Retirement Trust
Corporation for the 457 Deferred Compensation Plan. Mr. Randels
spoke in favor of the agreement. Motion carried with members
voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For;
Councilman Abbott, For; Councilwoman Calvert, For; Councilman
Randels, For.
2 . Motion Re: Resolution No. 92-65, Reappointing members to the
Construction Board of Adjustments & Appeals.
Mayor Salamone read the title of the Resolution.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF
ADJUSTMENTS AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING
CODE; PROVIDING FOR AN EFFECTIVE DATE.
City of Cape Canaveral, Florida
Regular City Council Meeting
December 15, 1992
Page 2
Mrs. Miller advised that Mrs. Kahm and Mrs. Haynes had both advised
that their husbands had no relatives currently serving on any City
Boards. Motion by Mr. Randels, seconded by Mr. Porter to approve
Resolution No. 92-65. Motion carried with members voting as
follows: Mayor Salamone, For; Mayor Pro Tem Porter, For;
Councilman Abbott; For; Councilwoman Calvert, For; Councilman
Randels, For.
3 . Motion Re: Resolution No. 92-66, Appointing an alternate
member to the Library Board.
Mayor Salamone read the title of the Resolution.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Motion by Mayor Salamone, seconded by Mrs. Calvert to approve
Resolution No. 92-66 with the addition of Mrs. Martha Crusey in
Section One as an alternate member of the Library Board. Motion
carried with members voting as follows: Mayor Salamone, For; Mayor
Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert,
For; Councilman Randels, For.
4 . Motion Re: Ordinance No. 24-92 , amending Section 641. 37
entitled "Parking and Storage of Certain Vehicles" , for first
reading.
Mayor Salamone read the title of the Ordinance.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING SECTION 641. 37 ENTITLED "PARKING AND STORAGE OF
CERTAIN VEHICLES" , OF THE ZONING REGULATIONS OF THE CITY OF CAPE
CANAVERAL; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Motion by Mr. Porter, seconded by Mr. Randels to approve Ordinance
No. 24-92 at first reading. Motion carried with members voting as
follows: Mayor Salamone, For; Mayor Pro Tem Porter, For;
Councilman Abbott, For; Councilwoman Calvert, For; Councilman
Randels, For.
5. Motion Re: Ordinance No. 25-92 , amending Chapter 624 , Flood
Damage Prevention, Section 624 . 07 entitled "Definitions" , for first
reading.
Mayor Salamone read the title of the Ordinance.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 624 , "FLOOD DAMAGE PREVENTION" , SECTION 624 . 07 , ENTITLED
"DEFINITIONS" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN AMENDED
DEFINITION OF "SUBSTANTIAL IMPROVEMENT" ; ADDING SECTION 624 . 26 (K)
TO "GENERAL STANDARDS" ; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
Motion by Mr. Randels, seconded by Mrs. Calvert to approve
Ordinance No. 25-92 at first reading. Mr. Randels spoke in favor
of the ordinance. Motion carried with members voting as follows:
Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott,
For; Councilwoman Calvert, For; Councilman Randels, For.
City of Cape Canaveral, Florida
Regular City Council Meeting
December 15, 1992
Page 3
6. Motion Re: Retainer agreement with Gray, Harris, Robinson,
Kirschenbaum & Peeples re: beach erosion class action suit.
Motion by Mayor Salamone, seconded by Mr. Porter to approve the
retainer agreement with Gray, Harris, Robinson, Kirschenbaum &
Peeples. Mr. Randels questioned if, as a federal employee, he had
a conflict of interest because the lawsuit was against the federal
government.
Mr. Kancilia explained that Title 18, Section 205, of the United
States Code, made it a crime for an officer or employee of the
United States to act as an agent or attorney for prosecuting any
claim against the United States. He stated that in this case, the
City would be a plaintiff in a suit against the United States and
would be pursuing a claim for inverse condemnation. He stated that
the subject law had not been utilized to a great extent. He stated
that he had spoken to the Office of the General Counsel of the
Department of Justice on the matter and it was their interpretation
that the words "acting as an agent or attorney for prosecuting any
claim against the United States" meant some active participation in
the lawsuit as an attorney or someone actually prosecuting the
case. Therefore, the General Counsel staff attorney did not feel
that the actions of Councilmembers voting for this particular
matter would implicate the statute. He stated that Mr. Abbott and
Mr. Randels may wish to check with the Ethics Counsel for their
respective agencies.
Mr. Boucher arrived at the meeting at this time.
Mr. Randels explained that he wanted to exercise his option to
abstain on the matter. Mr. Abbott stated that NASA felt it was a
conflict for him to vote on this matter. Mayor Salamone questioned
if the modifications to the agreement had been made as requested.
Mr. Kancilia advised that he had written to Mr. Peeples requesting
that the City be permitted to voluntarily dismiss itself as a
plaintiff at any time in the suit without incurring attorney's fees
and costs. Mr. Kirschenbaum had verbally notified him that the
change was acceptable.
Motion by Mayor Salamone, seconded by Mr. Porter to amend the
motion to approve the execution of the engagement letter contingent
upon receipt of the changes promised by Mr. Kirschenbaum. Motion
carried with members voting as follows:
Mayor Salamone For
Mayor Pro Tem Porter For
Councilman Abbott Abstained
Councilwoman Calvert For
Councilman Randels Abstained
Motion carried on the main motion with members voting as follows:
Mayor Salamone For
Mayor Pro Tem Porter For
Councilman Abbott Abstained
Councilwoman Calvert For
Councilman Randels Abstained
7 . Motion Re: Christmas bonuses.
Motion by Mayor Salamone, seconded by Mrs. Calvert to approve the
Christmas bonuses for 1992 as presented in the total amount of
$3 , 717 . 00. Motion carried with members voting as follows: Mayor
Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For;
Councilwoman Calvert, For; Councilman Randels, For.
City of Cape Canaveral, Florida
Regular City Council Meeting
December 15, 1992
Page 4
8 . Monthly Activity Reports.
No comments.
9 . City Manager's Report.
Mr. Boucher stated that he had received a legal opinion from the
Department of Natural Resources regarding the State land near the
Port and the land swap had been approved. It would take
approximately 3-4 months for the transfer to take place.
Mr. Boucher stated that information had been received regarding a
Land Use Planning Seminar and he planned to send one City staff
member to the seminar.
DISCUSSION:
1. Mr. Porter and Mr. Randels reported on the receipt of gifts
from the City of Melbourne during the Space Coast League of Cities
gift exchange. Mayor Salamone stated that she and Mrs. Calvert had
attended the City employees' Christmas party.
2 . Mrs. Helen Filkins commented on the land swap and expressed
her concern that such a transaction would require the Governor's
Cabinet approval. She suggested that the City continue pursuit of
the land.
3 . Mr. Leo Nicholas questioned the status of the agreement with
the VFW and Brevard County for the Adopt-a-Highway program for
North Atlantic Avenue. Mr. Boucher stated that the County had
agreed to provide the signs and an interlocal agreement was needed.
Mayor Salamone asked Mr. Kancilia to assist with the writing of the
agreement.
Mr. Nicholas questioned the status of the purchase of the two lots
located across from the Recreation Department and he asked if the
City considered purchasing another lot from United Agencies. Mr.
Boucher stated that the appraisals were being conducted on the
first two lots and Mayor Salamone asked Mr. Boucher to investigate
the purchase of the third lot.
4 . Mr. George Hutchinson questioned the status of the traffic
signal at Central Boulevard and AlA. Mr. Boucher stated that the
City wanted to piggyback off the County's contract and the details
were being negotiated.
5 . Mr. Porter stated that most of the City's advertising was done
in the Orlando Sentinel because of the substantial cost savings.
Mayor Salamone asked that the cost differences between Florida
Today and the Sentinel be given to Council for its review.
6. Mr. Porter felt that a letter should be sent to the Governor
concerning the land transfer to the Canaveral Port Authority. He
stated that the City would need the land to provide for its
stormwater plan. There was further discussion regarding the
subject property.
7 . Mayor Salamone spoke in reference to an article by Mr. Abbott
published in Florida Today in which it was stated that he "had
exhausted every avenue of mediation" . Mayor Salamone expressed her
feelings regarding the procedures followed by Mr. Abbott to mediate
the satellite dish matter. Mr. Abbott stated that by virtue of his
Council position, he was not able to discuss the matter. He had
asked Mr. Kancilia to request a finding from the Ethics Commission
to determine if he could speak on his behalf before Council. Mr.
Abbott felt that the article he wrote should stand on its own
City of Cape Canaveral, Florida
Regular City Council Meeting
December 15, 1992
Page 5
merits without any additions.
Mayor Salamone stated her perception of requests made to Council by
Mr. Abbott. She stated that she and the other Councilmembers
worked very hard to maintain the quality of life within the City.
Mr. Abbott also expressed that he took his position on the Council
very seriously and that he hoped Council could work through its
differences.
There being no further business, the meeting adjourned at 8 : 20 P.M.
Approved this 5th day of January , 1993 .
ZI--(2Joy . S4lamone, MAYOR
ATTEST'
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-Faith G. Miller, "CITY CLERK
FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME- FIRST NAME- -IE
M�III))I)LE NAME�� )Q -
NAME OF BOARD,COUNCIL,COMMISSION.AIJI HORII Y.OR COMM!TT
V ( � "• IJIry C (--
MAILING
MAILING ADDRESS THE BOARD.COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
_ WHICH I SERVE IS A UNIT OF:
Li I y J AC_ OW' /1?/ CITY 0 COUNTY 0 OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
C 4 P� OAlvAli&e.f& (2E r/4xD CAPE E
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DALE ON WHICH VOTE OCCURRED MY POSITION IS:
S J EC- Q E/2- 9 9 2- . 1 ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council,commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity.
For purposes of this law,a "relative"includes only the officer's father, mother, son,daughter, husband, wife, father-in-law, mother-in-
law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting;and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
CE FOR M RB-IO-9I PAGE I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of
the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other
members of the agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, 7a6 � ng o , hereby disclose that on / , 19 C Z:
(a) A measure came or will come before my agency which (check one)
- inured to my special private gain;
- inured to the special gain of my business associate, •
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inured to the special gain of my relative,
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whom I am retained; or
- inured to the special gain of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$5,000.
CE FORM 8B-10-91 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME FIRST NAME- MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY.OR COMMITTEE
NCS02LS oGk CAPE- LAANI JP-P.-Ac\ C...1 TAI NI CAL.
MAILING ADDRESS THE BOARD.COUNCIL.COMMISSION.AUTHORITY OR COMMITTEE ON
3 D a `�iNk- Q Q (SiCDCWHICH !SERVE IS A UNIT OF:
TTY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
4.-•PIr P E C-Earth Or A L (3 P-Q.A14240
DATE ON WHICH VOTE OCCURRED
p MY POSITION IS:
`5 EJ'QL \ i 9 Z ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council,commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity.
For purposes of this law,a "relative"includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in-
law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
CE FORM RB-10-91 PAGE I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of
the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other
members of the agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, ,\dL ( -' 4 , hereby disclose that on Cl ¢rc--e'er , 19 4�:
(a) A measure came or will come before my agency which (check one)
- inured to my special private gain;
- inured to the special gain of my business associate, •
inured to the special gain of my relative,
inured to the special gain of , by
whom I am retained; or
- inured to the special gain of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) 1 he measure before my agency and the nature of my conflicting interest in the measure is as follows:
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Date Filed s Q L [0492_ Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$5,000.
CE FORM 8B- 10-91 PAGE 2