HomeMy WebLinkAbout01-05-1993 Workshop and Regular CITY COUNCIL
COMBINED WORKSHOP AND REGULAR MEETING
January 5, 1993
A Combined Workshop and Regular Meeting of the Cape Canaveral City
Council was held on January 5, 1993 , 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 Absent
Councilmember Robert Abbott Present
Councilmember Joan Calvert Present
Councilmember Rocky Randels Present
Acting City Manager Bennett Boucher Present
City Attorney John Kancilia Present
City Clerk Faith Miller Present
ADOPTION OF MINUTES:
1. Regular Meeting of December 15, 1992 .
Motion by Mrs. Calvert, seconded by Mr. Randels to approve the
minutes of the Regular Meeting of December 15, 1992 , as presented.
Motion carried with members voting as follows: Mayor Salamone,
For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman
Randels, For.
PUBLIC HEARINGS:
1. Ordinance No. 24-92 , amending Section 641. 37 entitled "Parking
and Storage of Certain Vehicles" , for second and final 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. Randels, seconded by Mrs. Calvert to approve
Ordinance No. 24-92 at second and final reading. Motion carried
with members voting as follows: Mayor Salamone, For; Councilman
Abbott, For; Councilwoman Calvert, For; Councilman Randels, For.
2 . Ordinance No. 25-92 , amending Chapter 624 , Flood Damage
Prevention, Section 624 . 07 entitled "Definitions" , for second and
final 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 second and final reading. Mr. Randels
explained the purpose of the ordinance and spoke in favor of same.
Motion carried with members voting as follows: Mayor Salamone,
For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman
Randels, For.
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 5, 1993
Page 2
NEW BUSINESS:
1. Discussion Re: CableVision of Central Florida regarding 5%
rate increase.
Mayor Salamone advised that Council had received a letter from
CableVision relative to the rate increase. Mr. Kancilia advised
that the current franchise agreement with CableVision would expire
in September 1994 . At that point, the City would be able to
further negotiate the franchise with the same provider or to select
a different cable provider. Council concurred to request that a
representative from CableVision attend the next Council workshop
scheduled for January 15th.
2 . Discussion & Motion Re: Approval of Pride of Florida's offer
to purchase surplus fire truck.
Mr. Boucher explained the offer made by Pride of Florida to
purchase the City's surplus fire truck for $1, 500. 00. Motion by
Mr. Randels, seconded by Mrs. Calvert to accept the offer to
purchase the surplus fire truck by Pride of Florida for $1, 500. 00.
Motion carried with members voting as follows: Mayor Salamone,
For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman
Randels, For.
3 . Discussion & Motion Re: Request to stay site plan on
Discovery Bay project.
Mr. Randels expressed his concerns regarding the current site plan
which had been acceptable to the consulting engineers in 1991. Mr.
Boucher explained that he had spoken to Briley, Wild regarding the
project and that since 1991, the land development regulations had
changed which caused additional revisions to the site plan.
Mr. Kancilia stated that there were two separate issues involved in
the discussion: the approval of the site plan with the revisions
as recommended by the City's engineers, and the property owner's
position of not proceeding with the development because the
property may become part of the wetlands effluent disposal project.
He stated that Mr. Tezel wanted an extension on his time limits in
order to commence construction so that he did not have to incur
additional expenses. He stated that it was not the City's
intention to delay site plan approval in order to postpone
development of the land until approval was received from the State
of Florida, Department of Environmental Regulations (DER) .
Mr. Kancilia explained that the non-development of the land was
beneficial to both parties, the City and the developer. The
Planning & Zoning Board could recommend to the City Council that a
six (6) month extension be granted to the permit if justifiable
cause was found. Mr. Kancilia felt that the City Council could
provide the justifiable cause.
Mr. Ali Tezel explained that it was costing him money not to
develop the property and he asked Council to treat him fairly. He
explained the problems involved in delaying development of the
land. Mr. Kancilia explained that the former City Manager had set
up a tentative schedule for the sewer plant expansion and the steps
involved in the schedule.
There was extensive discussion regarding the subject property and
Mr. Tezel's concerns. Mr. Kancilia explained that the Cevesco and
Discovery Bay properties were the most applicable properties for
the wetlands project. The City could not commit to the purchase of
the land until DER approval was received. Mr. Kancilia stated that
the Post, Buckley proposal had anticipated DER permit approval
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 5, 1993
Page 3
during the summer of 1993 .
There was further discussion regarding the walk-through of the
subject property which would take place within the next month.
Mayor Salamone asked Mr. Boucher to contact Mr. Click at Post,
Buckley to request that the DER approval process be speeded up and
the progress reported to Council by the end of the month. Mr.
Boucher would ask Mr. Click to attend the next Council workshop
scheduled for January 14th.
Mr. Randels spoke in reference to the current site plan review
process and expressed his concerns regarding the process. Mayor
Salamone requested that the Planning & Zoning Board review the site
plan approval process. There was additional discussion regarding
the property, either the Cevesco or Discovery Bay, necessary for
the wetlands enhancement project. Mr. Leo Nicholas questioned the
viability of utilizing the identified property for the wetlands
project. Mayor Salamone stated that the engineers were looking at
several parcels of land available in the City for the wetlands
project.
4 . Discussion & Motion Re: Agreement with Traffic Control
Devices, Inc. , for traffic signal maintenance and construction.
Mr. Boucher explained the provisions of the proposed agreement with
Traffic Control Devices, Inc. , and recommended approval of same.
Motion by Mr. Randels, seconded by Mrs. Calvert for approval of the
agreement as presented with Traffic Control Devices, Inc. , for
traffic signal maintenance and construction. Motion carried with
members voting as follows: Mayor Salamone, For; Councilman Abbott,
For; Councilwoman Calvert, For; Councilman Randels, For.
5. Discussion & Motion Re: Approval of proposal by Traffic
Control Devices, Inc. , to install traffic signal at AlA and Central
Avenue.
Mr. Boucher explained that the installation cost of the traffic
signal at AlA and Central Avenue would be paid for by Rockwell
International in accordance with the development order. He stated
that the Brevard County bid did not include all the items required
for the signal at a cost of $7 , 409 . He recommended that the
additional items be considered sole source and included in the
installation of the traffic signal for a total cost of $28 , 013 .
Motion by Mr. Randels, seconded by Mrs. Calvert for approval and
acceptance of the proposal by Traffic Control Devices, Inc. , for
the installation of a traffic signal at AlA and Central Avenue in
the amount of $28 , 013 . Motion carried with members voting as
follows: Mayor Salamone, For; Councilman Abbott, For; Councilwoman
Calvert, For; Councilman Randels, For.
Mr. Boucher stated that the installation would begin approximately
March 1, 1993 , and be completed within thirty (30) days.
6 . Discussion Re: Volunteer Board Member's Dinner.
Ms. Miller advised that the Radisson at the Port expected to have
its banquet facilities available after March 15th, therefore, it
was suggested that the Volunteer Boardmember Dinner be held in
April. Mayor Salamone stated that April 17th was being considered
as a potential date for the dinner. Mr. Randels stated that Cape
Canaveral would be hosting the Space Coast League of Cities' dinner
in April also. Mrs. Calvert suggested considering T-Bones
Restaurant for either of the dinners as well. Council concurred to
keep both events within Cape Canaveral and to schedule the
Boardmember dinner in April.
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 5, 1993
Page 4
7 . Discussion Re: Mr. Robert Abbott's letter dated December 15,
1992 , regarding Building Department audit.
Mayor Salamone advised that she had received a letter from Mr.
Abbott regarding the Building Department audit which she had added
to the agenda for Council discussion. Mr. Abbott referenced the
audit conducted by Hoyman, Dobson which included a random sampling
of twenty-five (25) permits issued by the Building Department which
were traced through the system. The audit had shown $950 in
overcharges and $1, 590 in undercharges from five (5) of the twenty-
five (25) permits. He expressed his concerns regarding the audit
findings and questioned why the disparities existed in the fees.
Mr. Boucher stated that since the sample audit, the City had spent
time and funds to upgrade the capabilities of the Building
Department including computer training of the personnel in the use
of the Southern Building Code Congress International (SBCCI)
software. He stated that the Finance Department was also becoming
more familiar with the permit fee structure. A policies and
procedures manual was being prepared in-house and the draft had
been edited by the City Manager and Mr. Boucher hoped to have the
manual in place by March.
Mr. Abbott questioned if the City had an obligation to provide
refunds to the individuals who were overcharged. Mr. Kancilia
stated that the individuals involved would have to petition the
City for a refund. He explained that the steps involved in
collecting undercharges were very difficult, time consuming and
expensive. Mr. Abbott stated that if a survey was completed of all
permits to determine compliance with City ordinances the dollar
amounts of overcharges and undercharges may be substantially higher
based on the amount of permits pulled during the year. Mr.
Kancilia stated that the unit value per permit was relatively small
and if collection of the undercharges was pursued the cost per
collection would far exceed the amount recovered.
There was further discussion relative to the sample audit findings,
recommendations made by the auditors, equitable policies and
procedures, and general concerns regarding the overcharges and
undercharges. Mr. Abbott stated that the City must make an honest
attempt to deal with all citizens fairly and he felt that specific
completion dates needed to be assigned to complete the auditor's
recommendations. Mayor Salamone stated that any individual could
come into the Building Department to question if he/she had been
undercharged or overcharged, then it would be fair and equitable
for the City to research the fees charged and correct any errors
that were found.
Mr. Morgan explained that the undercharges were due mainly to a
miscount of bathrooms on a particular project and that the
overcharges were in small amounts over several items. There was
extensive additional discussion regarding the audit
recommendations. Mayor Salamone asked that the City Manager
provide a status report to Council in three (3) months on all
issues applicable to the audit.
Mrs. Calvert questioned why Mr. Abbott wrote letters to the Mayor
rather than following normal City Council procedures. She stated
that Council did not communicate with each other by mail and that
issues of concern were brought up for discussion at Council
meetings. Mr. Abbott called a point of order and asked Mr.
Kancilia for a ruling on whether or not one Councilmember could
write a letter to another Councilmember. Mr. Kancilia stated that
under the Sunshine Law there was a danger that communications
between Councilmembers outside of open meetings may violate the
Sunshine Law.
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 5, 1993
Page 5
Mrs. Calvert stated that she felt that Mr. Abbott's letter was
harassment of the Building Department and a personal conflict
between him and the Department. Mr. Abbott called a point of order
and explained that there was a very fine line between an
argumentive stance and insult. Mr. Kancilia stated that Mrs.
Calvert's statements were directed at an issue that was legitimate
business. Mrs. Calvert referenced a letter written by Mr. Kancilia
to Mr. Abbott's attorney. Mr. Abbott called a point of order and
asked to abstain and step down from his position. Mr. Kancilia
stated that he could abstain, but he did not believe that he had to
step down from his position.
Mayor Salamone explained what a point of order was used for which
included irregularities of a purely technical character. Mr.
Abbott explained that he felt Mrs. Calvert was infringing on his
rights and tieing his position to his actions. There was further
discussion regarding whether or not Mr. Abbott could step down from
his position due to discussion of his lawsuit.
Mayor Salamone stated that no issue was being voted on at the
present time and that discussion on any issue could take place
between Council during an open meeting. Mrs. Calvert proceeded
with her statements regarding Mr. Abbott's letter relative to the
Building Department and the items which she felt were grossly
exaggerated. Mr. Abbott stated that the sample audit found
discrepancies in five (5) of twenty-five (25) permits and over time
the discrepancies could involve a substantial amount of money. He
stated that the SBCCI software was purchased in 1988 and not
utilized. He reiterated his reasons for requesting that the City
complete a compliance audit of the Building Department. Mrs.
Calvert further explained that she felt Mr. Abbott's letter was
harassment of the Building Department.
8 . City Manager's Report.
Mr. Boucher advised that the attorney from Municipal Code
Corporation had been present for a two-day legal conference with
City officials regarding recodification of the City's Code of
Ordinances, Charter, Zoning and Land Development regulations. He
stated that the draft would be prepared within six (6) months.
Mr. Boucher explained that the easement letters for the beach fill
project were mailed the previous week and he encouraged everyone to
sign the easement documents to enable the Port to proceed with the
project. He stated that the opening of the bids by the Port
Authority would be held on January 15, 1993 .
Mr. Boucher stated that meetings were required with the insurance
company attorney relative to Mr. Abbott's lawsuit and the attorney
had requested that Mary Russell, Chairman of the Code Enforcement
Board, attend one of the meetings. He requested that Council
considered reimbursing Mrs. Russell for her expenses due to time
lost from work to attend the meeting.
Motion by Mayor Salamone, seconded by Mr. Randels to add the item
to the agenda as Item No. 9 . Motion carried with members voting as
follows: Mayor Salamone, For; Councilman Abbott, For; Councilwoman
Calvert, For; Councilman Randels, For.
9 . Motion Re: Reimbursement of Code Enforcement Board Chairman's
expenses to attend meeting with City officials.
City of Cape Canaveral, Florida
Combined Workshop & Regular Meeting
January 5, 1993
Page 6
Motion by Mayor Salamone, seconded by Mrs. Calvert to authorize the
City Manager to pay Mrs. Russell for the time that she had to take
off from work in order to meet with the City's attorney. Motion
carried with members voting as follows:
Mayor Salamone For
Councilman Abbott Abstained
Councilwoman Calvert For
Councilman Randels For
DISCUSSION:
1. Mr. Kancilia advised that the arbitrator had decided the case
involving Carl Akery and Mr. Akery would be reinstated to his
position without back pay. This would turn Mr. Akery's termination
into a suspension without pay for several months. The full
decision would be received within a month.
2 . Mayor Salamone referenced a letter from Mr. Abbott relative to
a letter sent by Mr. Forest Burke. She stated that a written
response had not been sent to Mr. Burke because she had spoken to
him several times by phone.
3 . Mrs. Helen Filkins spoke in reference to the importance of the
City obtaining the ITTF land for stormwater purposes. She
explained that the property was essential for the clean-up of the
Banana River. She spoke in favor of the Arabian Plan and explained
that the Port could locate its foreign trade zone almost anywhere
and that the subject land was not essential to the Port. She also
felt that it was imperative to designate Don Arabian to assist in
the process to obtain the land necessary for the stormwater
program. Mayor Salamone asked that Mr. Arabian attend the next
Council workshop to discuss the pursuit of the subject land and the
stormwater program.
4 . Mr. Leo Nicholas pointed out to Mr. Abbott that he had lost a
number of rights as an individual citizen since becoming an elected
official and that he was now subject to public scrutiny.
5. Mr. Randels advised that he had been appointed to the Florida
League of Cities' Quality Cities Task Force and he distributed
information relative to same to each Councilmember.
There being no further business, the meeting adjourned at 8 : 20 P.M.
Approved this 19th day of January , 1993 .
1.Q e7(� ( ���' _
. , ( #$
JC Sa aurone, MAYOR
'4 kyr, ', .6L
J1ATTES • `mac `.,
�� r
aith G. Miller, '&ITY CLERK
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should 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 should incorporate the form in the minutes.
(� DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, _ 0 8 E e( S. a-f 7` .S J A,v u x412 t� c
hereby disclose that on 19 7�
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
A V oTe WAS .c w i e e. 0 AI A MDT, c,<. 7-14c C(r 7 e o doic i L
IPP2ov 0-0,,f/i4/s..0770.4).
F0,6 71/E. Q t►2Pve.sDA) 0F r ►s_ Cob E
N M- - 3oAtc...-6 to -to 6sEst)c>r F204/. 14t:2
(A) .,ie tL P 4�►c. !,v `4 E. w' t-�rsc,L o F ,yr c. A c-n 0A))
C,4S ? ?— // /3 -civ -aeL - i8 ,F�£� u.wTt:b 574r£s DISTie<< -r
C"v t2T Iti4 114E {41 ib-b LE ) t S ri21 c_T o r pL02 t DA beL.a v'6. of v
�b8fri A 130Th' LAtivi►-C -c-,
u'.
11-7 OF CAPt 0.4,✓M/ f& t-/ CobL FA,Accr41-,c'-r' /3D,4-ye
C rr y of CAVe 0.0tivAicie,e4L , A A,D % s B B. ,e1c v' .'
Del N' A)►S .
Date File Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §I12.317 (1985), 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.
('I IORMMI- 99I PAGG 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I AS I NAME l-IKSI NAME MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,All IIIOKI TY,OK COMMI•I I Eli
Abbott Robert J. City Council
Annum;AnIN(ESS IIIE BOARD.COUNCIl.COMMISSION,AW IIORnY OR COMMITTEE ON
WIIICII I SERVE IS A UNIT OI
414 Jackson Avenue Ib CITY Y ❑ COUNTY 0 OTHER LOCA1.AGENCY
CI IN (()UNI Y
NAME OF POLIIICAI.SUBDIVISION:
Cape Canaveral Brevard Cape Canaveral
DAl•E ON\VI11('ll VOli l O('('U KEO /D d�U 7
DISTRIBUTION MY POSITION Is:
1 Fitt-um Vti ❑ APPOINTIVE
AAaynr
City Council
City Mgr.
City Atty.
Pub.Works Dir.
Building On. WHO MUST FILE FORM 8B
Finance Dir.
This form is for use by t 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
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each 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.
In either case, you should 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 fora) in the minutes.
APPOINTED OFFICERS: •
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each 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.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should 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 should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
(I FORM x11-1-91 I'•\GI I