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