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Home My WebLink About07-06-1993 CITY COUNCIL REGULAR MEETING July 6, 1993 A Regular Meeting of the Cape Canaveral City Council was held on July 6, 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 Absent Councilmember Arthur Berger Present Councilmember Joan Calvert Absent Councilmember Rocky Randels Present City Manager Bennett Boucher Present Assistant City Attorney Kevin Markey Present City Clerk Faith Miller Present Mayor Salamone stated that both, Mrs. Calvert and Mr. Porter, had advised Council at the past workshop that they would be unable to attend the regular meeting. ADOPTION OF MINUTES: 1. Regular Meeting of June 15, 1993 . Motion by Mr. Randels, seconded by Mr. Berger to approve the minutes of the Regular Meeting of June 15, 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. PUBLIC HEARINGS: 1. 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 final 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 1993 REVISIONS OF THE STANDARD BUILDING CODE; AMENDING SECTIONS 3202 . 4 . 1 AND 3204 . 1. 2 OF CHAPTER 32 , ROOF COVERINGS, OF THE STANDARD BUILDING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 12-93 as amended at final reading. Mr. Markey stated that he wanted to recant his previous opinion regarding adoption of the amended ordinance. He stated that the amendment discussed at the workshop meeting did not substantially change the ordinance. Mr. Leo Nicholas questioned whether or not the ordinance included that the Building Official was answerable to the governing body. Mayor Salamone explained that the ordinance provided that the Building Official was appointed or hired by the City Manager and was subject to removal for cause after full opportunity had been given to be heard on specific charges before the City Manager. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 2 . Ordinance No. 21-93 , Amending City's Code of Ordinances, Chapter 624, Flood Damage Prevention, 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 . 20 (B) ENTITLED "CONSTRUCTION STAGE" AND SECTIONS 624 . 27 (A) AND (B) ENTITLED City of Cape Canaveral, Florida Regular City Council Meeting July 6, 1993 Page 2 RESPECTIVELY "RESIDENTIAL CONSTRUCTION" AND "NON-RESIDENTIAL CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 21-93 at second and final reading. Mr. Randels spoke in favor of the ordinance. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 3 . Ordinance No. 22-93 , Amending City's Code of Ordinances by Repealing and Reenacting Chapter 503 , Subdivision of Land, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 503 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 22-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. NEW BUSINESS: 1. Resolution No. 93-18 , Appointing a Member to the Commercial Development Board. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING A REGULAR MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to approve Resolution No. 93-18 with the appointment of Leonard Focarelli as a regular member of the Commercial Development Board. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 2 . Resolution No. 93-19 , Appointing a Regular Member to the Library Board. Mayor Salamone read the title of the Resolution. A RESOLUTION APPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 93-19 with the appointment of Anna M. Kelly as a regular member to the Library Board. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 3 . Resolution No. 93-20, Supporting the Space Station program. Mayor Salamone read the title of the Resolution. City of Cape Canaveral, Florida Regular City Council Meeting July 6, 1993 Page 3 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING THE SPACE STATION PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Randels to adopt Resolution No. 93-20. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 4 . Motion Re: Annual Audit Contract Services for FY 92j93 by Hoyman, Dobson & Company. Motion by Mr. Randels, seconded by Mayor Salamone to select Hoyman, Dobson & Company to complete the annual audit of City funds with a fee not to exceed $21, 500 for the audit and $3 , 000 to update the Comprehensive Annual Financial Report. Mr. Randels spoke in favor of the motion. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 5. Motion Re: Replacement vehicle for Sheriff's Department. Motion by Mayor Salamone, seconded by Mr. Randels to approve the recommendation of the City Manager to purchase a replacement vehicle of which $8 , 596 was to come from general fund reserves. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 6. Motion Re: Appointment of Budget Committee for FY 93/94 . Motion by Mayor Salamone, seconded by Mr. Randels to appoint the City Council, City Manager, and City Treasurer to the Budget Committee for FY 93/94 . Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. 7 . City Manager's Report. Mr. Boucher advised that the Wastewater Treatment Department had asked for approval to expend $12 , 759 to clean 8 , 524 ft. of sewer lines. He stated that the City piggy-backed from the City of Rockledge bid award from Griner's A-One Pipeline Service. There was general discussion regarding how it was determined which lines needed the cleaning. Motion by Mayor Salamone, seconded by Mr. Berger to add an item to the agenda. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. Motion by Mr. Randels, seconded by Mr. Berger to approve the City Manager's recommendation to clean and televise sewer lines at a cost not to exceed $12 , 759 . Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilman Randels, For. Mr. Boucher stated that a closed session between Mr. Michael Roper and the City Council regarding the Robert Abbott vs. City of Cape Canaveral lawsuit was scheduled for Monday, July 12 , 1993 , at 2 : 00 P.M. in the Council Chambers. Under new legislation, this session would be closed to the public, but a court reporter would transcribe the proceedings and the transcription would become public upon completion of the trial and any appeal. Mr. Boucher advised that he would be meeting with the City's and the Port's engineers on July 7th to discuss the Port's reuse offer. Mr. Berger advised that he would be interested in attending the City of Cape Canaveral, Florida Regular City Council Meeting July 6, 1993 Page 4 meeting as well. DISCUSSION: 1. Dr. Charles Pindziak questioned the time frame involved for the research of the Ocean Woods buffer zone. Mayor Salamone responded that the research would be completed within a few weeks. Dr. Pindziak questioned if there was a conflict of interest involved when a chairman of the Board of Adjustment, who owned property in Ocean Woods, gave testimony regarding the Ocean Woods buffer zone. Mr. Markey stated that the City Council would make the final determination of any action to be taken against Ocean Woods with regard to the buffer zone. He stated that he was not comfortable answering Dr. Pindziak's question without more research. 2 . Mr. Leo Nicholas thanked the City for the additional flags displayed along AlA in recognition of the 4th of July. He also advised that the flags were again missing from Memorial Park. Mr. Berger suggested determining the expense involved in replacing the ropes with steel cables to reduce the ability of individuals to steal the flags. Mr. Boucher would research the cost of steel cables. 3 . Mr. Randels questioned the status of the official visit to Cape Canaveral by the Swiss elected officials from Kloten, Switzerland. Mr. Boucher advised that the arrangements for the visit had not been finalized as of yet. 4 . Mr. Randels distributed information to Council relative to a Solid Waste Management class that he had attended. 5. Mr. Randels distributed copies to Council of coastal water update pertaining to a six month freeze on insurance policies and restructuring of the U. S. Army Corps of Engineers. There being no further business, the meeting adjourned at 8 : 02 P.M. Approved this 20 day of July , 1993 . /7! �t A't I ,-y C Salamone, MAYOR ATTEST: 'a. Prf<< O eJA_ aith G. Miler, TY CLERK