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HomeMy WebLinkAbout08-03-1993 CITY COUNCIL REGULAR MEETING August 3 , 1993 A Regular Meeting of the Cape Canaveral City Council was held on August 3 , 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 Pro Tem Porter. ROLL CALL: Mayor Joy Salamone Absent Mayor Pro Tem John Porter Present Councilmember Arthur Berger 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 July 20, 1993 . Motion by Mr. Randels, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of July 20, 1993 as prepared and mailed to Council. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman. Calvert, For; Councilman Randels, For. NEW BUSINESS: 1. Resolution No. 93-22 , Appointing an alternate member to the Library Board. Mayor Pro Tem Porter 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. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Resolution No. 93-22 with the addition of Joanna Atwood as an alternate member to the Library Board. Mr. Randels spoke in favor of Mrs. Atwood's appointment to the Board. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 2 . Ordinance No. 23-93 , Repealing and Re-enacting Section 271. 04 of the City Code of Ordinances to amend the commencement of workshop meetings of the City Council, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND RE-ENACTING SECTION 271. 04 OF THE CITY CODE OF ORDINANCES TO AMEND THE COMMENCEMENT OF WORKSHOP MEETINGS OF THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels to disapprove Ordinance No. 23-93 . Motion died for lack of a second. Motion by Mrs. Calvert, seconded by Mr. Berger to adopt Ordinance No. 23-93 at first reading. Motion by Mrs. Calvert, seconded by Mr. Porter to amend Ordinance No. 23-93 to provide a commencement time of 7 : 00 p.m. for City Council workshop meetings. Mr. Randels questioned what the Council was attempting to accomplish by changing the starting time of workshop and regular meetings. Mr. Berger stated that an earlier starting time would allow additional City of Cape Canaveral, Florida City Council Regular Meeting August 3 , 1993 Page 2 time to accomplish more City business and allow the meetings to be completed earlier on the occasions when the meeting agendas were light. Mr. Randels expressed his opposition to the change in meeting times and explained his reasons for same. Mr. Berger stated that some citizens preferred 7 : 30 p.m. , but that others had questioned why the meetings started so late. Mrs. Calvert had suggested 7 : 00 p.m. as a compromise. Mr. Leo Nicholas felt that the 7 : 30 p.m. meeting time allowed working individuals time to get off work and attend the meetings. Mr. Leon Newman felt that 7 : 00 p.m. was a viable compromise. Motion carried on the amendment with members voting as follows: Mayor Pro Tem Porter For Councilman Berger For Councilwoman Calvert For Councilman Randels Against Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter For Councilman Berger For Councilwoman Calvert For Councilman Randels Against 3 . Ordinance No. 24-93 , Repealing and Re-enacting Section 271. 02 of the City Code of Ordinances to amend the commencement of regular meetings of the City Council, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND RE-ENACTING SECTION 271. 02 OF THE CITY CODE OF ORDINANCES TO AMEND THE COMMENCEMENT OF REGULAR MEETINGS OF THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Berger to adopt Ordinance No. 24-93 at first reading. Motion by Mrs. Calvert, seconded by Mr. Berger to amend Ordinance No. 24-93 to provide a commencement time of 7 : 00 p.m. for City Council regular meetings. Motion carried on the amendment with members voting as follows: Mayor Pro Tem Porter For Councilman Berger For Councilwoman Calvert For Councilman Randels Against Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter For Councilman Berger For Councilwoman Calvert For Councilman Randels Against 4 . Ordinance No. 25-93 , Amending Section 659 . 13E of the City's Code of Ordinances, by providing the Board of Adjustment with the authority to exempt any lighting or activities from the provisions of Chapter 659, Sea Turtle Protection, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. City of Cape Canaveral, Florida City Council Regular Meeting August 3 , 1993 Page 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 659 . 13 E. OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING THE BOARD OF ADJUSTMENT WITH THE AUTHORITY TO EXEMPT ANY LIGHTING OR ACTIVITIES FROM THE PROVISIONS OF CHAPTER 659 ; PROVIDING REQUIREMENTS FOR AN APPLICATION TO EXEMPTION; PROVIDING CONSIDERATIONS FOR THE GRANTING OF A SPECIAL EXCEPTION; DELETING THE APPEAL OF A DENIAL OF AN EXCEPTION TO THE CITY COUNCIL; 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. 25-93 at first reading. Mr. Kancilia advised that the proposed ordinance changed the authority for the granting of exemptions from City administration to the Board of Adjustment. Mrs. Calvert advised that in the event of an emergency, an exemption request would require a minimum of 30 days prior to being heard by the Board of Adjustment. She explained the reasons why she was not in favor of the proposed ordinance. Mr. Boucher stated that he was concerned that if there was criminal activity in a particular area and a condominium association or homeowner wanted to put up additional lighting as a deterrent to future crimes, the applicant would have to wait 30 days to be placed on a Board of Adjustment meeting agenda. Mrs. Calvert felt that the City Manager should go to the site and examine the situation before granting or denying the exemption request. Mr° Nicholas stated that a hearing request before the Board of Adjustment also required a $100. 00 application fee. Motion failed with members voting as follows: Mayor Pro Tem Porter, Against; Councilman Berger, Against; Councilwoman Calvert, Against; Councilman Randels, Against. 5 . Ordinance No. 28-93 , Amending Chapter 703 , Lot Clearing, of the City's Code of Ordinances to grant the Code Enforcement Board jurisdiction to hear and decide cases relating to lot clearing, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 703 , LOT CLEARING, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; BY REPEALING AND RE- ENACTING SECTION 703 . 07 TO GRANT THE CODE ENFORCEMENT BOARD JURISDICTION TO HEAR AND DECIDE CASES RELATING TO LOT CLEARING; BY REPEALING SECTION 703 . 09; BY AMENDING SECTION 703 . 11 TO PERMIT THE CITY TO CLEAR LOTS AFTER THE CONCLUSION OF A CODE ENFORCEMENT BOARD PROCEEDING; 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. 28-93 at first reading. Mr, Randels questioned the wording "including appeals" which was included in the proposed ordinance° Mr. Kancilia stated that the procedures for lot clearing were handled through the administration. The proposed ordinance provided the Code Enforcement Board would have jurisdiction to hear and decide cases relating to lot clearing. There was discussion relative to the inclusion of the appeal process to the procedures for lot clearing. Mr. Kancilia stated that Mayor Salamone had wanted the authority for this matter placed in the hands of the Board as opposed to City administration. He stated that the present procedure allowed the City of Cape Canaveral, Florida City Council Regular Meeting August 3 , 1993 Page 4 Code Enforcement officer to issue the violation notice and if the citizen felt the notice was not justified, the person would come before the City Manager who would ultimately decide whether or not the lot had to be cleared. If the individual cited was dissatisfied with the City Manager's decision, then he/she may appeal the decision to the City Council. He stated that if the procedures for lot clearing were placed in the Code Enforcement Board's authority, which was a quasi-judicial agency, it would require appeal rights. Mrs. Calvert stated that this ordinance would add another bureaucratic layer to simple lot clearing procedures. Mr. Nicholas stated that the current setup allowed for lot clearing in an expedient manner. Motion failed with members voting as follows: Mayor Pro Tem Porter, Against; Councilman Berger, Against; Councilwoman Calvert, Against; Councilman Randels, Against. 6. City Manager's Report. Mr. Boucher stated that he would be on vacation from August 18 through August 27 and that the City Clerk would serve as Acting City Manager in his absence. Mr. Boucher reported that Dyer, Riddle, Mills & Precourt would be closing its Melbourne office and transferring all of its operations to the Orlando office. Mr. Boucher stated that Public Works had estimated the costs involved in repainting the library. It was estimated that the cost would be approximately $3 , 000 and money was available in the budget for such an expense. Mr. Nicholas stated that the exterior coating used on the library had a 15 year warranty and Mr. Boucher would research same prior to the start of project. DISCUSSION: 1. Mr. Randels advised that the State Board of Investment had changed its investment schedule. He stated that the fees had been charged based on how much was invested and now the fee would be based on a stable fee structure. Mr. Boucher stated that he would have the City Treasurer review the matter thoroughly. 2 . Mr. Randels stated that Jeanne Benson and Art Berger's business, Aedile Contractors, had been chosen as the 1993 Brevard Small Business of the Year. 3 . Mr. Randels commented on the quarterly concurrency management report and its ease of readability ease with the inclusion of pie charts and graphs. 4 . Mr. Randels advised that there was a new product on the market which was a cement abutment buried under the sand which broke up ocean wave action and caused the sand to grow and increase. He stated that the Prefabricated Erosion Prevention (PEP) reef had been tested for the past three years in Palm Beach. 5 . Mr. Randels announced that he had been selected to serve on the National Estuary Steering Committee for the Indian River Lagoon by Florida Atlantic University. City of Cape Canaveral, Florida City Council Regular Meeting August 3 , 1993 Page 5 There being no further business, the meeting adjourned at 8 : 18 P.M. Approved this 17t1-t day of August , 1993 . 1 Jo, C . Salamone, MAYOR ATTEST:c. /31.0 liJ /kZ Faith G. Miller, CITY:tXLERK