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HomeMy WebLinkAbout06-01-1993 CITY COUNCIL REGULAR MEETING June 1, 1993 A Regular Meeting of the Cape Canaveral City Council was held on June 1, 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 Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of May 18, 1993 . Motion by Mr. Porter, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of May 18 , 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. NEW BUSINESS: 1. Motion Re: Vacated seat on City Council. Motion by Mayor Salamone, seconded by Mr. Porter to change the title of the agenda item to "Motion and Resolution No. 93-14" . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A SUCCESSOR COUNCIL PERSON TO SERVE UNTIL THE NOVEMBER 1993 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to approve Resolution No. 93-14 with the name of Arthur W. Berger in Section One being appointed as a Councilperson to serve until the general election scheduled for November 2 , 1993 . Mr. Porter spoke in favor of the appointment of Mr. Berger as a Councilmember. Mayor Salamone read a letter dated May 20, 1993 , from Jeanne Benson regarding her resignation as Vice Chairman of the Code Enforcement Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For. Mr. John Kancilia, City Attorney, administered the Oath of Office to Arthur W. Berger and Mr. Berger assumed his seat as a Councilmember. 2 . Ordinance No. 12-93 , Amending City' s Code of Ordinances, Chapter 611, Building Code, by Adopting the 1993 Revision of the Standard Building Code, 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 City of Cape Canaveral, Florida Regular City Council Meeting June 1, 1993 Page 2 PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Ordinance No. 12-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 3 . Ordinance No. 13-93 , Amending City's Code of Ordinances, Chapter 613 , Standard Plumbing Code, by Adopting the 1993 Revision of the Standard Plumbing Code, for first reading. 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. Randels, seconded by Mrs. Calvert to adopt Ordinance No. 13-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . Ordinance No. 14-93 , Amending City's Code of Ordinances, Chapter 614 , Standard Mechanical Code, by adopting the 1993 Revision of the Standard Mechanical Code, 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. Calvert, seconded by Mr. Porter to adopt Ordinance No. 14-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 5. Ordinance No. 15-93 , Amending City's Code of Ordinances, Chapter 615 , Standard Gas Code, by adopting the 1993 Revision of the Standard Gas Code, 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. Porter, seconded by Mrs. Calvert to adopt Ordinance No. 15-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting June 1, 1993 Page 3 6. Ordinance No. 16-93 , Amending City's Code of Ordinances, Chapter 617 , Electrical Code, by adopting the 1993 Edition of the National Electrical Code, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 617, ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE NATIONAL ELECTRICAL CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Porter to adopt Ordinance No. 16-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. Mr. Porter advised that each ordinance was being read for first reading only and that the City's Building Official would be explaining further to the City Council the changes included in the 1993 revisions of the Building Codes. 7 . Ordinance No. 17-93 , Amending City's Code of Ordinances, Chapter 621, Fire Prevention Code, by adopting the 1993 Revision of the Fire Prevention Code, for first reading. Mayor 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. Porter, seconded by Mrs. Calvert to adopt Ordinance No. 17-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 8 . Ordinance No. 18-93 , Amending City's Code of Ordinances, Chapter 627 , Standard Swimming Pool Code, by adopting the 1993 Revision of the Standard Swimming Pool Code, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 627 , STANDARD SWIMMING POOL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD SWIMMING POOL 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. Randels to adopt Ordinance No. 18-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For, 9 . Ordinance No. 19-93 , Amending City's Code of Ordinances, By Establishing Chapter 612 , Standard Existing Building Code, by adopting the 1988 Edition of the Standard Existing Building Code, for first reading. City of Cape Canaveral, Florida Regular City Council Meeting June 1, 1993 Page 4 Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING CHAPTER 612 , STANDARD EXISTING BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD EXISTING 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. Randels to adopt Ordinance No. 19-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 10. Ordinance No. 20-93 , Amending City's Code of Ordinances, By Establishing Chapter 616, Standard Unsafe Building Abatement Code, by adopting the 1985 Edition of the Standard Unsafe Building Abatement Code, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING CHAPTER 616, STANDARD UNSAFE BUILDING ABATEMENT CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST EDITION OF THE STANDARD UNSAFE BUILDING ABATEMENT 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. Randels to adopt Ordinance No. 20-93 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 11. Resolution No. 93-10, Appointing an Alternate Member to the Code Enforcement Board. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING A MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Porter to approve Resolution No. 93-10 with the appointment of David R. Anderson as a regular member of the Code Enforcement Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. There was discussion regarding the attendance of alternates at City Board meetings. Council asked that a memo be sent to all Board chairpersons asking that they advise the City Clerk's Office when alternate members were not attending the Board meetings. 12 . Resolution No. 93-11, 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. City of Cape Canaveral, Florida Regular City Council Meeting June 1, 1993 Page 5 Motion by Mr. Porter, seconded by Mrs. Calvert to adopt Resolution No. 93-11 with the appointment of Ann M. Kelly as an alternate member of the Library Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 13 . Resolution No. 93-12 , Appointing an Alternate Member to the Planning and Zoning Board. Mayor Salamone advised that the agenda item was incorrect and should have been included as appointment of members to the Commercial Development Board. Motion by Mayor Salamone, seconded by Mr. Randels to change the agenda item to "Resolution No. 93-12 , Appointing Members to the Commercial Development Board" . Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Resolution No. 93-12 with the appointment of Ann Kew and Joyce Hicks as members of the Commercial Development Board. There was discussion regarding the Commercial Development Board and what the two new members could do prior to appointment of a Board quorum. Mr. Porter stated that the new members should be advised that they could get together and discuss ideas at a public meeting prior to full appointment of the Board. Council concurred to add these items to the letters of appointment sent to the new members. Mr. Randels asked that the Cape Canaveral Business Association be advised of the appointments. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. Council concurred to place discussion of an appointment of a regular member to the Planning and Zoning Board at the next regularly scheduled workshop. 14 . Resolution No. 93-13 , Appointing a Member to the Beautification Board. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Porter to adopt Resolution No. 93-13 with the appointment of O. "Whitey" Djuvstaad as a regular member of the Beautification Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 15. City Manager's Report. Mr. Boucher advised that the Cape Canaveral Volunteer Fire Department had requested that it be allowed to use unexpended monies available in its budget for the purchase of a fax machine at City of Cape Canaveral, Florida Regular City Council Meeting June 1, 1993 Page 6 a cost of approximately $500. 00. Council concurred with the request. Mr. Boucher advised that the City was in the process of recodification of all City ordinances and the proofs had been received from Municipal Code Corporation and he requested that Council schedule workshops to review the new Code. Council concurred to schedule the following special workshops: Wednesday, June 16, 1993 - 6: 00 - 8 : 00 P.M. Tuesday, June 22 , 1993 - 6: 00 - 8 : 00 P.M. Thursday, June 24 , 1993 - 6: 00 - 8 : 00 P.M. Mr. Boucher advised that he had faxed a letter to the Mayor of Kloten, Switzerland regarding the Mayor's official visit to Cape Canaveral, but a response had not been received from Kloten as of this date. Mr. Boucher and Mr. Porter briefed Council on the Army Corps of Engineers meeting held on May 26, 1993 , regarding the Sand Transfer Facility. Mr. Porter stated that the total project value was $3-4 million and it was included in the Corps' proposed budget for 1995. He stated that the City needed to aggressively pursue the sand transfer facility. Council asked that follow-up letters be sent to all relevant contacts regarding the Sand Transfer Facility. Mr. Porter advised that discussion regarding the Sand Transfer Facility was scheduled for a House Appropriations Sub-Committee Meeting on June 30, 1993 , and Congressman Bacchus was scheduled to testify at that meeting. He suggested that a City representative also attend the meeting in Washington. Council concurred to schedule discussion of sending a representative to Washington on the next regularly scheduled workshop meeting. There was further discussion regarding the need for the Sand Transfer Facility. DISCUSSION: 1. Mrs. Calvert questioned the status of the sewer property purchase and Mr. Boucher advised that they were currently in negotiations for the purchase of the property. There was discussion regarding the proposed wholesale agreement with Canaveral Port Authority. Mr. Randels advised that the Port Authority had appropriated $15, 000 for Gee & Jensen to review the City's proposed wholesale agreement. Council concurred to schedule further discussion of the wholesale agreement with the Port at the next workshop meeting. 2 . Mr. Randels briefly discussed pending legislation relative to attorney/client relationships which would allow an attorney and the elected officials to meet privately for reasons of negotiations and legal strategy provided that certain conditions were met. 3 . Mr. Randels stated that the rate of return for the Florida League of Cities Pension Trust Fund had been 13 . 25% over the past five years. 4 . Mr. Randels questioned the status of the sewer problem with Lambert Seafood at the Port. Mr. Boucher stated that Lambert had hired a consultant, Dick Thompson, to work with them regarding the sewer problems. There was further discussion regarding whether or not Lambert Seafood had been sold and if the City had any viable means of collecting any sewer related fines. Mrs. Calvert asked that a letter be sent to Lambert requesting payment of all fines owed or their sewer service would be shut off. City of Cape Canaveral, Florida Regular City Council Meeting June 1, 1993 Page 7 There being no further business, the meeting adjourned at 8: 50 P.M. Approved this 15th day of June , 1993 . Jo C. Salamone, MAYOR" b ATTEST: 1 YLL- Faith G. Mi-4e C Y .s.LERK • t4,cro vP