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Home My WebLink About03-02-1993 CITY COUNCIL REGULAR MEETING March 2 , 1993 A Regular Meeting of the Cape Canaveral City Council was held on March 2 , 1993 , 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 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 February 16, 1993 . Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular Meeting of February 16 , 1993 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. NEW BUSINESS: 1. Resolution No. 93-02 , Requesting that Dolphins be declared a National Treasure and Provided Protection from Capture. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REQUESTING THAT DOLPHINS BE DECLARED A NATIONAL TREASURE AND PROVIDED PROTECTION FROM CAPTURE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to approve Resolution No. 93-02 . 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 . Resolution No. 93-03 , Requesting the Brevard County Property Appraisers Office to place Riverside Drive (Banyon Cove) on the Official Maps of Records. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; NAMING A PRIVATE STREET LOCATED WITHIN BANYON COVE IN THE CITY OF CAPE CANAVERAL; REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to approve Resolution No. 93-03 . Mr. Randels spoke in favor of the Resolution and Mayor Salamone requested that City staff research and complete similar resolutions for other streets that needed to be placed on the County maps. 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 City Council Regular Meeting March 2 , 1993 Page 2 3 . Resolution No. 93-04 , Supporting the Construction of a Magnetic Levitation Transportation Demonstration Project within Brevard County. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; URGING THE SUPPORT OF EFFORTS OF AMERICAN MAGLEV STAR, INC. TO IDENTIFY A SUITABLE ROUTE AND CONSTRUCT A MAGNETIC LEVITATION TRANSPORTATION DEMONSTRATION PROJECT WITHIN BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Porter to approve Resolution No. 93-04 . Mr. Porter expressed his concerns regarding the utility corridor and the possibility that the intent of the project may change. Mr. Randels spoke in favor of the demonstration project and explained the proposed route. Mr. Abbott questioned Council's concerns regarding the proposed rail system that was discussed in the previous year. Mayor Salamone stated that there were environmental, noise and cargo concerns. Mr. Scott McCauley questioned if there was a stipulation in the resolution that required the use of Brevard contractors for the project and Mayor Salamone read a portion of the resolution that provided the opportunity for use of Brevard contractors. 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 . Ordinance No. 02-93 , Amending Section 535 . 07 , entitled "Port Canaveral Customers" of the City's Code of Ordinances to permit FDER application approval upon payment of sewer impact fees on an extended basis, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 535. 07 , ENTITLED "PORT CANAVERAL CUSTOMERS" , OF THE CODE OF ORDINANCES TO PERMIT FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT APPLICATION APPROVAL UPON PAYMENT OF SEWER IMPACT FEES ON AN EXTENDED BASIS; BY PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Mr. Porter questioned if the impact fees would become the responsibility of the Port when the wholesale agreement between the City and the Port was reached. Mr. Kancilia stated that the proposed wholesale agreement provided that the City would charge the Port a wholesale impact fee for capacity within the Plant and the Port would in turn charge the individual retail customers impact fees. Mrs. Calvert questioned what protection the City had in the event of non-payment. Mr. Kancilia advised that the City could disconnect the water, discontinue sewer service for non- payment, or sue for the unpaid balance. There was extensive discussion regarding delinquent fee payments and comparisons between City customers and Port customers. Mr. Kancilia advised that the extended payment terms did not have to be granted by Council. The City Council may provide for extended payment terms, therefore, the Council could deny an applicant' s request for cause. Mr. Leo Nicholas spoke in reference to the City not having control on the Port tenants and the City' s potential inability to disconnect the water for non-payment of sewer impact fees. Mr. Scott McCauley, 601 Monroe Avenue, questioned if the Port was a federal agency and Council replied that the Port was an independent special district of the State. City of Cape Canaveral, Florida City Council Regular Meeting March 2 , 1993 Page 3 Mrs. Thurm suggested postponing the Ordinance until the new wholesale agreement was worked out with the Port. Mrs. Helen Filkins felt that impact fees were supposed to be paid up front to cover the impact of the new or expanded development on the sewer system. Motion by Mayor Salamone, seconded by Mrs. Calvert to table Ordinance No. 02-93 . 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 . Ordinance No. 03-93 , Amending City's Code of Ordinances by Repealing and Reenacting Chapter 602 , entitled "Fireworks Regulations" , for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 602 , FIREWORKS REGULATIONS, OF THE CITY CODE OF ORDINANCES; AUTHORIZING CERTAIN PUBLIC DISPLAYS OF FIREWORKS; PROVIDING FOR THE APPLICATION OF A PERMIT FOR A PUBLIC DISPLAY OF FIREWORKS; PROVIDING FOR THE INVESTIGATION OF THE APPLICANT AND ISSUANCE OR DENIAL OF A PERMIT; PROVIDING FOR THE APPROVAL OF OPERATORS; PROVIDING FOR INSURANCE; PROVIDING FOR THE STORAGE OF MATERIALS; PROHIBITING HAZARDOUS OR DANGEROUS DISPLAYS; PROVIDING FOR ATTENDING FIREMEN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to approve Ordinance No. 03-93 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. 6 . Ordinance No. 04-93 , Amending City's Code of Ordinances by Repealing Chapter 723 , entitled "Special Occupational Permits" and Renaming Chapter 723 as "Solicitors, Peddlers, and Itinerant Merchants" , for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 723 , SPECIAL OCCUPATIONAL PERMITS; RENAMING CHAPTER 723 , SOLICITORS, PEDDLERS, AND ITINERANT MERCHANTS; PROVIDING DEFINITIONS, REQUIRING PERMISSION TO ENTER PRIVATE PREMISES; PROHIBITING HARASSMENT; REQUIRING SOLICITOR TO LEAVE WHEN REQUESTED; PROHIBITING FRAUD, CHEATING AND MISREPRESENTATION; REPORTING OF CONVICTIONS UNDER THIS CHAPTER; REQUIRING A PERMIT; PRESCRIBING APPLICATION PROCEDURES FOR PERMIT; PROVIDING FOR INVESTIGATION, DENIAL OR ISSUANCE OF A PERMIT; PROVIDING FOR REVOCATION OF PERMIT; PROVIDING NOTICE OF HEARING; PROVIDING APPEALS TO THE CITY COUNCIL; REQUIRING A BADGE FOR LICENSED SOLICITORS; REQUIRING THE EXHIBITION OF PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to approve Ordinance No. 04-93 at first reading. Mr. Randels stated that references in the Ordinance to the "Brevard County Sheriff' s Office" had been changed to "Code Enforcement Officer" which had been changed at the request of Lt. McGee. Mr. Randels spoke in favor of the Ordinance. Mrs. Calvert stated that Lt. McGee suggested that the individuals covered under the Ordinance be bonded to allow enforceability. Mr. Kancilia advised that courts would review whether or not any City of Cape Canaveral, Florida City Council Regular Meeting March 2 , 1993 Page 4 requirement in the Ordinance was discriminatory against persons engaged in interstate commerce, and whether or not the cumulative effect of fees imposed by municipalities within a given area were unduly burdensome on these merchants. He felt that if the bonding requirement was added to the Ordinance the City would have a vulnerability from a constitutional point of view. He stated that the Ordinance could be enforced through the Code Enforcement Board and persons could be fined for failure to comply with the Ordinance at a fine not to exceed $250. 00 per day or the case could be lw prosecuted criminally as a City misdemeanor in County court. Mayor Salamone stated that she had a problem with the amount of investigative duties placed on the Code Enforcement Officer by the ordinance. Mr. Kancilia stated that in several other municipalities the Police Department conducted the investigations. Mayor Salamone suggested tabling the Ordinance until the permit application was prepared. Mr. Nicholas stated that the Code Enforcement process was quite lengthy and he spoke in favor of enforcement being conducted by the Police Department. Mr. Bob Hoog stated that the Code Enforcement Officer was also not available on the weekends and that the ordinance should be enforced by the Police Department. He also stated that language should be included in the Ordinance to exempt youth groups. Motion by Mayor Salamone, seconded by Mrs. Calvert to table Ordinance No. 04-93 . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. 7 . City Manager's Report. Mr. Boucher advised that the agenda packet contained a letter from the City Clerk regarding information about City records. He asked for a consensus from Council on how interactions with staff to obtain information would be conducted. Motion by Mayor Salamone, seconded by Mrs. Calvert to add an agenda item to the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Abbott, For; Councilwoman Calvert, For; Councilman Randels, For. Motion by Mayor Salamone, seconded by Mr. Randels to set policy for information to Councilmembers from City employees. Mayor Salamone stated that it was her understanding that a policy was in place low whereby Councilmembers would go through the City Manager for any purpose. Mrs. Calvert referenced the four pages of requests made by Mr. Abbott and questioned whether or not he was requesting the information as a private citizen or as a City Councilmember. Mayor Salamone questioned whether or not all of Mr. Abbott's requests were for agenda items currently being taken care of as City business and Mr. Abbott responded affirmatively. There was further discussion regarding specific requests made by Mr. Abbott for City records and the amount of time involved in researching, retrieving, and copying such information requested by Mr. Abbott. Mr. Abbott explained that he was at a disadvantage when agenda items came up that had been discussed by previous city councils before he was a Councilmember and he wanted to locate as much information as possible in order to be able to knowledgeably vote on the issues. Mayor Salamone suggested that Mr. Abbott go to City Hall and read the Council minutes from the past ten years for a City of Cape Canaveral, Florida City Council Regular Meeting March 2 , 1993 Page 5 history of the City. Mayor Salamone stated that some of Mr. Abbott's requests appeared to be directly related to his current lawsuit against the City. She suggested establishing a clear policy on how Councilmembers could receive written information from City employees which would include providing a clipboard in the City Manager's office and any Councilmember wishing to request information from City records or City employees must sign and date each request for information. Council would give the City Manager two weeks to provide the information unless it was currently an agenda item at which time the information would be provided no later than the day prior to the actual meeting. Mrs. Calvert felt that if the information was not pertaining to current City business that the Councilmember should be treated like any other citizen and have to pay for the staff's time and the paperwork. Mr. Porter stated that Councilmembers do need to have access to information, but he had a problem with the appearance that copies that were unneeded were probably being taken from City Hall and being given to other individuals. He stated that there was time and costs associated with information requests and if extra copies were made then the Councilmember needed to pay the cost of the copies. Mrs. Calvert felt that the City Manager should be able to restrict any information that Mr. Abbott requested due to his being in litigation with the City. Mr. Boucher advised that he had an understanding with Mr. Abbott regarding such requests. There was further discussion regarding information requested by Mr. Abbott. Mayor Salamone stated that a check-out list would be available in Mr. Boucher's office for only written requests from Council which meant that no information was to be obtained directly from any City employee without going through the City Manager. She asked that a memo be sent to City employees requesting that they do not give information directly to Councilmembers and that it go through the City Manager's Office. There was further discussion regarding the possibility of charging Councilmembers the same amount as charged to citizens for records if the requests were not to do with current business. Mayor Salamone asked that a copy of the information requests be given to all Councilmembers once a month. Mrs. Thurm questioned the previous reference to an expense voucher for Councilmembers. She felt that most of Mr. Abbott's requests were either political or pertained to his lawsuit and if he had questions regarding the City's history he could ask as her as she was the City Historian. Mr. Scott McCauley questioned the steps available to him as a citizen to request City information and Mr. Kancilia explained same. There was discussion regarding Mr. Abbott's political campaign for Council. Mrs. Helen Filkins spoke in reference to the nepotism referendum. A ten-minute break was taken at this time, after which the meeting was reconvened. Mayor Salamone stated that the motion on the floor was to set a policy for communication between Council and the City staff and Council had agreed that the policy would be to have written sheets in the City Manager's office for requests to go through him to direct to who he decided to have retrieve the information. The policy would allow ten days for receipt of the information unless City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1993 Page 6 the item was currently on the agenda whereby it would be provided no later than the day that the meeting agenda was received. Motion by Mrs. Calvert, seconded by Mayor Salamone to amend the motion to include that City Councilmembers be treated as any other citizen if information that Councilmembers requested did not pertain to current City business. Mayor Salamone stated that Council was to receive the same rights and procedures a citizen had, if a request created an undue burden or involved a great deal lor of time and if a citizen would be charged for the same information then the Councilmember would be charged as well. She stated that Mrs. Calvert did not want the staff to determine what Council wanted, but the amount and time involved in responding to the request. She stated that no one could censor what Council wanted. Mr. Randels felt that the intent of the motion was to permit access to needed information, but if the information was unneeded and an undue burden then the expenses would be borne by the individual requesting the information. Motion on the amendment carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilman Abbott Against Councilwoman Calvert For Councilman Randels For Motion carried on the main motion with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilman Abbott Against Councilwoman Calvert For Councilman Randels For Mr. Boucher asked Mr. Porter to be a member of the review committee for the selection of a wetlands subconsultant along with him and Mr. Arabian and Mr. Porter agreed. Mr. Porter suggested that Council schedule a special meeting to approve the subconsultant. Council concurred to schedule a special Council meeting for Tuesday, March 9, 1993 , at 6: 00 P.M. Mrs. Helen Filkins asked Council to consider giving Don Arabian some authority as a participant in the project. Mayor Salamone asked to agenda this item for the next workshop. Mr. Boucher advised that Mr. Abbott had requested a legal opinion from the City Attorney regarding correspondence from Florida League of Cities concerning legislative action aimed at holding municipalities liable for shoddy building construction practices. Mr. Kancilia explained the details of the case cited by the Florida League of Cities' letter. He stated that the City of Hialeah case presently stated the status of the law of sovereign immunity in the State of Florida which provided that if a building official erroneously issued a permit or if a building inspector failed to make an inspection then the municipality was not liable for any damage that may result from the alleged negligence on the part of the city employee. If the proposed bill passed the legislature, the City of Hialeah case would be reversed and municipalities may be held liable for the negligent acts of building officials. Council concurred not to request any additional research on the matter. Mr. Kancilia briefed Council on the current negotiations between Mr. Tezel and the City for the proposed wetland property. Council`"' concurred to a send formal letter to Mr. Tezel offering a purchase City of Cape Canaveral, Florida City Council Regular Meeting March 2 , 1993 Page 7 price of approximately $69, 000 per acre (average of the two appraisals conducted) . Mrs. Calvert distributed a memo to Council regarding Mr. Abbott's memo dated February 16, 1993 , in reference to Bennett Boucher. She asked that her statement be included verbatim in the minutes. Mayor Salamone read the following statement for the record: "TO: Mayor Joy Salamone and Council Members FROM: Joan Calvert, Councilmember SUBJECT: Memorandum for Record dated February 16 from Robert J. Abbott, City Councilmember Councilmember Robert J. Abbott's Memorandum for Record dated February 16, 1993 , has a number of false statements that need to be corrected for the record. Mr. Abbott: 'The City Charter defines the qualifications required by an individual under consideration for this position. ' Truth: Article VI of the Cape Canaveral Charter does not define the qualifications required by an individual under consideration for the position of City Manager. It states merely that, 'He shall be chosen on the basis of his executive and administrative qualifications. ' Mr. Abbott: 'Mr. Boucher admits he does not possess these qualifications. ' Truth: Mr. Boucher has denied ever having stated that he does not possess the qualifications for the position of City Manager. Mr. Abbott: 'Mr. Boucher is not qualified. . . ' Truth: Under both the City Charter and the City's Personnel Policy for City Manager, Mr. Boucher is qualified. Mr. Abbott: 'I share Mr. Boucher's concern about any fines that are imposed upon the taxpayer's of this City. It is their money, and to throw it away on fines and penalties is inexcusable. ' Truth: Mr. Abbott has demonstrated publicly his lack of concern about fines and penalties imposed Lip upon the taxpayers. His current lawsuit against the City in which he is demanding compensatory damages, punitive damages, and legal fees in a dispute over the placement of his satellite antenna is ample proof of his disdain for the taxpayers of this City. Mr. Abbott: 'It is impressive that several former Mayors have graciously signed a letter of endorsement on behalf of Mr. Boucher. ' Truth: Actually, the number is seven. Seven of the eight living ex-mayors of this City signed the letter of endorsement. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1993 Page 8 Mr. Abbott: ' . . . this Council knowingly and willfully appointing unqualified individuals into key administrative positions with this City. ' Truth: Using both the City Charter and the Personnel Policy of the City of Cape Canaveral as the governing documents, the City Council was correct in deeming Mr. Boucher qualified to be appointed to the position of City Manager. Actually, that is the only position the City Council has the authority to fill. I request that the City Council attach this list of corrections to the Memorandum for Record dated February 16 from Robert J. Abbott, City Council Member, to the Minutes of the City Council Meeting of February 16, 1993 . s/ Joan Calvert City Council Member Cape Canaveral, Florida March 2, 1993" Mrs. Calvert stated that Mr. Boucher had also written a memo to Council regarding the City Manager appointment dated February 23, 1993 . Mayor Salamone read Mr. Boucher's statement as follows: "In Mr. Abbott's statement to City Council on 2/16/93 he stated that, ' . . .Mr. Boucher admits he does not possess these qualifications. . . , ' as outlined in the City Charter. Article VI of the City Charter states, ' . . .He shall be chosen on the basis of his executive and administrative qualifications. ' Also, the suggested job description of the City Manager states, ' . . .an equivalent combination of education and experience. ' I have the necessary combination of education and experience to excel in the City Manager position, and I want to reaffirm to the Mayor and City Council my commitment to the City and its citizens to help make Cape Canaveral a better place in which to live and work, and a city of which we can all be proud. " Ms. Miller advised that quotes and menu selections had been obtained from area restaurants for the Volunteer Banquet scheduled for Saturday, April 17, 1993 . There was discussion relative to the selection of the restaurant. Council concurred to schedule the banquet at Cape Sierra with the assurance of no happy hour and r exclusive use of the restaurant. Mr. Scott McCauley questioned whether or not Ridgewood Avenue was a County maintained road. He also questioned why the County had a 15' setback and the City had a 25' setback. Mr. Boucher advised that the County maintained Ridgewood Avenue, but the County honored the City's zoning regulations. Mayor Salamone directed the Planning and Zoning Board to review the 15' versus 25' setback on Ridgewood Avenue and the reasons for the 25' setback. Mr. Randels discussed the current site plan review process and his concerns regarding same. There was discussion relative to Briley, Wild's review of the Discovery Bay project and the site plan review process in general. Mr. Boucher advised that the Planning & Zoning City of Cape Canaveral, Florida City Council Regular Meeting March 2 , 1993 Page 9 Board had scheduled discussion of the site plan review process at its next meeting and representatives from Dyer, Riddle would be present at the meeting. There being no further business, the meeting adjourned at 9: 58 P.M. Approved this 16th day of March , 1993 . lb, ', g J y Q.1 lamone, MAYOR V ATTEST: ; : ..itrak C ,, itaz:e._ aith G. Miller, CITY= CLERK . I DISTRIBUTION Mayor City Council ^� ADDENDUM TO MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 16, 1993 City Mgr. City Atty. Pub.Works Dir. TO: Mayor Joy Salamone and Council Merbers Building Oft. Dii FROM: Joan Calvert, Council Member SUBJECT: Memorandum for Record dated February 16 frau Robert J. Abbott, City Council Amber Council Member Robert J. Abbott's Memorandum for Record dated February 16, 1993, has a number of false statements that need to be corrected for the record. Mr. Abbott: "The City Charter defines the qualifications required by an individual under consideration for this position." TRUTH: Article VI of the Cape Canaveral Charter does not define the qualifications required by an individual under consideration for the position of City Manager. It states merely that, "He shall be chosen on the basis of his executive and administra- tive qualifications." Mr. Abbott: "Mr. Boucher admits he does NOT possess these qualifications." TRUTH: Mr. Boucher has denied ever having stated that he does not possess the qualifications for the position of City Manager. Mr. Abbott: "Mr. Boucher is not qualified...." TRUTH: Under both the City Charter and the City's Personnel Policy for City Manager, Mr. Boucher is qualified. Mr. Abbott: "I share Mr. Boucher's concern about ANY fines that are imposed upon the taxpayer's (sic) of this city. It is their money, and to throw it away on fines and penalties is inexcusable." TRUTH: Mr. Abbott has demonstrated publicly his lack of concern about fines and penalties imposed upon the taxpayers." His current lawsuit against the city in which he is demanding compensatory damages, punitive damages, and legal fees in a dispute over the placement of his satellite antenna is ample proof of his disdain for the taxpayers of this city. Mr. Abbott: "It is impressive that several former Mayors have graciously signed a letter of endorsement on behalf of Mr. Boucher." TRUTH: Actually, the number is seven. Seven of the eight living ex- mayors of this city signed the letter of endorsement. • Mr. Abbott: "....this Council knowingly and willfully appointing unquali- fied individuals into key administrative positions within this city." TRUTH: Using both the City Charter and the Personnel Policy of the City of Cape Canaveral as the governing documents, the City Council was correct in deeming Mr. Boucher qualified to be appointed to the position of City Manager. Actually, that is the only position the City Council has authority to fill. I request that the City Council attach this list of corrections to the Memo- randum for Record dated February 16 from Robert J. ABbott, City Council Men- ber, to the Minutes of the City Council Meeting of February 16, 1993. 4-72-1°- Joan Calvert City Council Member Cape Canaveral, Florida March 2, 1993 1,-;,,c---,- ,14,C - ..-aVz FIL ONCE. ff11�� c��'1/' 0 �} h f,. \ iii 1-11:11( � City of Cape Canaveral ail1 •'; `` `\'' 105 POLK AVENUE • P.O. BOX 326 W � j 1 /I � CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 CITY OF FAX 407/799-3170 CAPE CANAVERAL February 23 , 1993 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: BENNETT C. BOUCHER, CITY MANAGER RE: CITY MANAGER APPOINTMENT In Mr. Abbott's statement to City Council on 2/16/93 he stated that, " . . .Mr. Boucher admits he does NOT possess these qualifi- cations. . . . , " as outlined in the City Charter. Article VI of the City Charter states, " . . .He shall be chosen on the basis of his executive and administrative qualifications. " Also, the suggested job description of the City Manager states, " . . .an equivalent combination of education and experience. " I have the necessary combination of education and experience to excel in the City Manager position, and I want to reaffirm to the Mayor and City Council my commitment to the City and its citizens to help make Cape Canaveral a better place in which to live and work, and a city of which we can all be proud. PRINTED ON RECYCLED PAPER