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Home My WebLink AboutMinutes 04-01-1986CITY COUNCIL REGULAR MEETING .APRIL 1. 1986' A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA. WAS HELD ON APRIL 1. 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA... THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR LEE. INVOCATION WAS LED BY COUNCILMAN MARCHETTI, WHICH WAS YOLLOWEil BY THE PLEDGE OF ALLEGIANCE. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR P. LEE, COUNCIL MEMBERS J. FISCHETTI, M. MARCHETTI AND L. NICHOLAS. ALSO PRESENT WERE CITY ATTORNEY J..THERIAC, CITY MANAGER r'. NUTT AND CITY CLERK J. LEESER. MR. MARCHETTI MOVED TO. FOREGO THE READING OF THE MINUTES OF THE REGULAR MEETING OF MARCH 16, 1986. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, MS.. SHARON AUSTIN, VICE-PRESIDENT OF THE SPACE COAST LITTLE LEAGUE, SPOKE TO THE CITIZENS AND INVITED THEM TO THE LITTLE LEAGUE BALL TO BE HELD 'APRIL 12TH AT DIAMOND GINNY'S SHE .ALSO INTRODUCED' MISS LITTLE LEAGUE, MELANIE, GILLAN.., UNFINISHED BUSINESS ITEM 1. ORDINANCE N0. 6-86AMENDING CHAPTER 617 NATIONAL ELECTRICAL CODE By ADOPTING THE I 4 -EDITION AND ESTABL RING ADDITIONAL CRTERIA ISECOND READING AND PUBLIC H.I G) POSTPON D 3-18) MAYOR LEE READ THE 'TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING.. CHAPTER 617, "ELECTRIC CODE". BY REPEALING THE CHAPTER IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER; BY ADOPTING THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE AND ADDITIONAL REGULATIONS$ REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH$ PROVIDING AN EFFECTIVE. DATE.' MR.. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. VOCE ON THE NOTION WAS UNANIMOUS. ORDINANCE N0. 6-86 WAS ADOPTED ON SECOND READING. NEW BUSINESS ITEM 1. ORDINANCE NO.10-86 AMENDING CHAPT11 BOILDING CODE ER 6 VwlTb !FIRST READING ANO PUBLIC HEARING), CITY OOINCIL REI✓U AR MINUTES APRIL 1, 1986 PAGE 1 OF 5 MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS: DING AN ORDE-, OFHCE THEACODEING CHAPTER OF ORDINANCESIOF"THELCITY CODE", OF CAPE CANAVERAL, FLORIDA, BY REQUIRING STANDPIPES ON CERTAIN RESIDENTIAL UNITS: REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. MARCHETTI MOVED TO APPROVE FIRST READING. MR, FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, ITEM 2. ORDINANCE NO. 11-86 AMENDING CHAPTER ANIMALS BREVAR C C NTY R£ U TONS IRBT READING AN PURL ARING) MAYOR LEE READ. THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 101, "ANIMALS CONTROLLED", OF THE .CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST BREVARD COUNTY ANIMAL CONTROL REGULATIONSI DESIGNATING ALL PUBLIC PARKS AND BEACHES AS AREAS IN WHICH ANIMALS ARE PROHIBITED) REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED TO APPROVE FIRST READING. MR, NICHOLAS' SECONDED MOTION. THERE BEING NO DISCUSSION, THE MAYOR ASKED THAT THE QUESTION BE CALLED. VOTE ON THE NOTION WAS UNANIMOUS. ITEM 3. RESOLUTION NO.. 66-19 AGREEMENT WITH BREVARD COUNTY pOR TRAFFI SIGNAL AT NORTH ATLANTIC AVENUE AND CENTRAL BOULEVARD MAYOR LEE READ TUE TITLE OF THE RESOLUTION AS FOLLOWS% A RESOLUTION AUTHORIZING THECITY OF.. CAPE CANAVERAL, FLORIDA, TO'ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF NORTH ATLANTIC AVENUE AND CENTRAL BOULEVARD IN THE CITY OF CAPE CANAVERAL, FLORIDAIPROVIDING AN EFFECTIVE DATE. MR. PISCHETTI MOVED FOR ADOPTION. MR. MARCHET'TI SECONDED 'MOTION: IT WAS EXPLAINED BY MAYOR LEE THAT THE INSTALLATION OF THE TRAFFIC SIGNAL WILL BE PAID, FOR IN DULLY BY THE VILLAGES OF SEAPORT. DISCUSSION FOLLOWED. VOTE ON THE NOTION WAS .UNANIMOUS. RESOLUTION NO. 66-19 WAS ADOPTED., ITEM 4.RESOLUTI2N NO. 86-20 ACCEPTING CHANDLER STREET CONSTRUCTS. CITY CMilCIL REG IM MINUTES APRIL 1, 1966 PACE 2 OF 5 MAYOR LEE HEAD THE TITLE OF THE ORDINANCE AS FOLLOWS: A RESOLUTION ACCEPTING THE CHANDLER STREET CONSTRUCTION PROJECT; AUTHORIZING THE CITY MANAGER TO NOTIFY THE CONTRACTOR OF THE PROJECT'S ACCEPTANCEI PROVIDING AN EFFECTIVE DATE. MR'. MARCHETTI MOVED FOR ADOPTION. MR.'NICHOLAS. SECONDED MOTION.' VOTE ON THE. MOTION WAS'UNANIMOUS. ITEM 5.'RESOLUTIO N0.86+21ACREEM£NT WITH TENNIS I STRU TOR. HAYOR LEE' READ THE TITLE OF THE RESOLUTION AS FOLLOWS, ARESOLUTION ESTABLISHING AN AGREEMENT BETWEEN I THE CITY OF CAPE CANAVERAL,_ FLORIDA, AND JOE DEITCHLER-TO ,PROVIDE TENNIS INSTRUCTIONS AT. THE RECREATION.. COMPL£XI:. PROVIDING,AN EFFECTIVE DATE.:.. MR,NICHOLAS MOVED. FOR ADOPTION. MR. MARCHETTI.SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 6. RESOLUTION NO. 86-72 RENEWING LOAN WITH FIRST AMERICAN RANK AND TRUST FOR 'PURCHASE OF LOCK_ 17 MAYOR LEE READ THE TITLE OF.THB RESOLUTION AS FOLLOWS; A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO RENEW ALOAN WITH FIRST AMERICAN'SAWN AND TRUST FOR THE PURCHASE OF BLOCK;47, AVON -BY -THE -SEA SUBDIVISIONI.:AUTHOR IZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY LOAN DOCUMENTS TO RENEW THAT LOAWI' BY PLEDGING CERTAIN FRANCHISE FEES AS 'COLLATERAL FOR SAID, LOAN] BY PROVIDING AN EFFECTIVE OATS. - MR. NICHOLAS MOVED FOR ADOPTION.' MR. MARCHETTI. SECONDED MOTION, MOTION CARRIED UNANIMOUSLY. ITEM. 7.- RESOLUTION NO. 86-23 REAPPOINTMENT OF CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS MEMBER MAYOR LEE READ THE TITLE OF THE,. RESOLUTION. AS FOLLOWS; A RESOLUTION APPOINTING' MEMBERS TO. THE BOARD. OF ADJUSTMENT AND APPEALS IN .ACCORDANCE WITH THE STANDARD BUILDING CODEi. PROVIDING AN EFFECTIVE DATE. MR, FISCHETTI. MOVED FOR ADOPTION. MR. NICHOLAS SECONDED MOTION, MR. RUSS GARWOOD, AN ELECTRICIAN, VOLUNTEERED TO SERVE ON THE BOARD. MR. NICHOLAS MOVED TO AMEND BY INSERTING TUB NAMES OF WALTER BOWMAN AND. RUSS GARWOOD IN THE RESOLUTION..: MR. FISCHETTI SECONDED NOTION.. VOTE ON THE NOTION WAS UNANIMOUS. CITY COUNCIL REGULAR MINUPES APRIL 1. 1986 PAGE 3 OF 5 VOTE ON THE MAIN MOTION WAS UNANIMOUS. .RESOLUTION NO. 96-23, AS AMENDED, WAS ADOPTED. ITEM S. NOTION RES VACANCY ON CITY COUNCIL MAYOR LEE MOVED TO ESTABLISH THE NEXT WORKSHOP MEETING, APRIL 10TH,. AS A'CUT OFF DATE FOR ACCEPTING APPLICATIONS FOR THE .COUNCIL SEAT VACATED BY THE RESIGNATION OF MR. WINCHESTER. MR. FISCHETTI SECONDED MOTION. MR. NICHOLAS POINTED OUT THAT THIS WOULD Be LIMITING THE CHOICES OF QUALIFIED CANDIDATES. DISCUSSION FOLLOWED.VOTE ON THE MOTION WAS UNANIMOUSLY OPPOSED. MOTION FAILED.. THIS ITEM TO BE. PLACED ON THE AGENDA FOR THE NEXT MEETING, ITEM 9. NOTION RE='AUTHORISING THE CITY MANACERTO HARE APPLICAT O Pa P005 DS TO DEV P PARK PROPERTY ON LONG POINT ROAD MR. NICHOLAS SO, MOVED. MR. PISCHETTI SECONDED MOTION. MAYOR LEE EXPLAINED THAT THIS IS THE FIRST STEP IN DEVELOPING THE PROPERTY AND THAT IT WILL NOT COST THE CITY ANYTHING TO APPLY FOR FUNDING. VOTE ON. THE MOTION WAS UNANIMOUS. ITEM 10. MOTION RES 'BUDGET TRANSFERS' MR. ,NICHOLAS. MOVED TO APPROVE THE BUDGET TRANSFERS THAT WERE PRESENTED BY THE CITY MANAGER. ` MR, MARCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. A COPY OF THE BUDGET TRANSFERS ARE ATTACHED HERETO;AND MADE A PART HEREOF BY REFERENCE, ITEM 11. DISCUSSION REt ERNESTINE BUTTE'S DISMISSAL FROM LIBRARY BOARD MR. FISCHETTI ASKED THAT THIS ITEM BE .PLACED ON THE AGENDA, HE EXPLAINED THAT BECAUSE MRS. BUTTE HAD MISSED SOME. LIBRARY BOARD MEETINGS, SHE WAS DISMISSED FROM HER OFFICE BY THE LIBRARY BOARD. MR. NICHOLAS NOTED THAT HE THOUGHT THE LETTER FROM THE LIBRARY BOARD SHOULD HAVE COME TO THE CITY COUNCIL AS. A RECOMMENDATION. CITY.CLERK# JAN LESSER. POINTED OUT THAT THE LIBRARY BOARD. BY-LAWS ALLOW THEN TO DISMISS A PERSON FROM OFFICE IF THAT PERSON HISSES TWO OUT OF THREE CONSECUTIVE MEETINGS. MR. NICHOLAS EXPLAINED THAT THEIR BY -LAMS SHOULD BE CHANGED TO REFLECT THAT, IN THOSE CIRCUMSTANCES,_ RECOMMENDATION CITY Cmcm RE=" MDa ES APRIL 1. 1986 PAGE 4 OF 5 flFNOVAI. FROM OFFICE SHOULD Be MADE TO THE CITY COUNCIL. HE 1"1Rei1ER NOTED THAT ALL OF THE VARIOUS BOARDS BY-LAWS AND RULES OF PROCEDURE SHOULD BE REVIEWED PERIODICALLY By THE CITY COUNCIL. MRS. BUTTE WAS IN ATTENDANCE AND EXPLAINED THAT SHE MISSED THE MEETINGS DUE TO PERSONAL REASONS AND THAT SHE WOULD LIKE TO CONTINUE SERVING ON THE BOARD. IT. WAS THE CONSENSUS OF THE. COUNCIL THAT MRS. SUITE SHOULD BE RETAINED AS A BOARD MEMBER. MRS.LEESER WAS ASKED TO .WRITE A LET'T'ER TO THE LIBRARY BOARD EXPLAINING COUNCIL'S POSITION ON THE ISSUE. uISC._ US_ 9ION CITY ATTORNEY THERIAC BROUGHT COUNCIL UP TO DATE ON THE SCANDINAVIAN SEA LAWSUIT. AGAINST THE VOLUNTEER FIREFIGHTERS. HE EXPLAINED THAT THE CITY WAS NOT NAMED AS,A PARTY IN THE LAWSUIT. HE FURTHER NOTED THAT THEVOLUNTEERS CAN BE CONSIDERED AN AGENT of THE CITY BUT A RECENT FLORIDA SUPREME COURT DECISION RULED THAT A CITY CANNOT BE HELD NEGLIGENT BECATTSE Of A DECISION DP A VOLUNTEER FIREFIGHTER. MR. LAMAR RUSSELL, CHAIRMAN OF. THE LOCAL PLANNING AGENCY, REMINDED COUNCIL OF THE JOINT WORKSHOP MEETING SCHEDULED FOR APRIL 3RD. THERE. BEING NO FURTHER BUSINESS, TSE MEETING WAS ADJOURNED AT 8tI5'P.M• A ril r 1986. APPROVED THIS _15th DAY OF z� ' ATTESTt. mY CLERK CITY COUNCIL roum MIIA►hs APRII. 1, 1986 PAGE 5 OF 5 BUDGET TRLNSFERS GENERAL FUND ISI REVENUE ADJUSTED ,,!IT 4 DESCRIPTION INCREASE DECREASE QUDGCT._ -113.1 FPL Franchise Fees .10,000 280,000 n0I-313.2 So. Sell Franchise Fees 393 7,207 001-313.3 City Gas Corp. Franchise 300 3,500 rose 314.1 FPL Utility Tax 15,000 300,000 OC1-347,49 Recreation Special 'Events 450 600 r(1-369.2 Site Plan Review Income ,1,500 4.,500 �,.!-351.3 Police Education Income 3,500 _ -0- 0-'o1-380.1 'o 1-3BO.1 Transfer. From Prior year 35,000 35,000 EXPENDITURES 1.1--';I!;LATIVE 0,,1-1-511.32 Audit Expense 405 8,175 o;.1-1-511.45 General Insurance 850 1,650 001-1-511.47 Printing 350 350 Gn1-1-511.49 Miscellaneous 200 450 no1-1-511.492. 'Elections 716 2,718 ADMINISTRATION 001-2-513.11. Executive Salaries ' 2,927 89,209 o01-2-513.14 Overtime - 300 800 ool-2-513.21 P.I.C.A. Taxes 208 6,388 o01-2-513.23 Life 4 Health Insurance 127 4,758 Got -2-513.40 Travel i per Diem'.. 600. 3,300 FUULIC SAFETY Generale Insurance 800 1.,390 '001-4-521.45 001-4-521.461 Building c Grounds Maint.- 1.400 2,150 001-4-521.81 Police Education Expense 3,500 -0- FIRE DEPARTMENT oo1-5-522.12 Regular Salaries Wages 79,000 41,342 001-5-522.14, Overtime 2,200 2,800 001-5-522.21 P.I.C.A'. Taxes. 5,500 . 3,425 A77ACHM Nr TO CITY COmcIL ROXLAR MINUn u APRIL 1, 1986 PAGE 1 O 4 REVENUE ADJUSTED „ .TINT 4 DESCRIPTION INCREASE DECREASE BUDGET I iq: DEPARTMENT nnl-5-522.22 Retirement Contrib. 6,400 2,450 001-5-522.23 Life 6 Health Ins. 10,200 2,050 001-5-522.24 Worker's Compensation 4,300, 3,000 001-5-522.314 Physicals 100, ISo 001-5-522.34 Fire Protection. Contract, 31,643 31,6as 001-5-522.40 i Per Diem 400 <<"' 001-5-522.401 ,Travel Schools 4 Training 1,500 1,000 0nl-5-522.41 'Communications Service 1,000 1,700 o1,1-5-522.43 Utilities. 1,400 1,GGo 661-5-522.45 General. Insurance 4,500 13,256 or1-5-522.461 Building Repairs i maintenance 1,000 - 1,700 uol-5-522.463 Radio 6 Communications Repair 500 ,: 1,000 601-5-522.51 Office. Supplies - 200 200 061-5-522.52 Operating Supplies . 400 600 n01-5-522.521 Janitorial Supplies 150 150 001-5-522.522 Firefighting Supplies - 500, -0- 001-5-522.523 .Emergency Medical Supplies 195 555 001-5-522.524 Motor Fuel 6 Lubricants 1,100 1,400 001-5-522.527 Uniforms 6Protective Clothing 760 740 Ll' I LDI NG DEPARTMENT 001-6-524.24 1Workar'e Compensation 216 666 Utilities 1,200 1,200 '01,1-6-524.43 oul-6-524.45 General Insurance 11850 2,450 STREET DEPARTMENT 001-7-541.12 Regular Salaries 4 Wages 5,100.. 109,.779 001-7-541.45. General Insurance. .. 2,800 6,300 001-7-541.21 F.3.C.A. Taxes 390. '. 7,910 001-7-541.23 Life &.Health Insurance S10.. 7,360 A1TNC1POW TO CITY COUNCIL RD211AR MI!NLn11E APRIL 1, 1986 PAGE 2 OF 4 REVENUE ADJUST DESCRIPTION INCREASE ,DECREASE BUDGET_ i`t. i•i:5 S PLAYGROUNDS on1-8-572.24 Worker's Compensation .144 aha nn1-8-572.45 General Insurance ;SD PECREATION COMPLEX 001-11-572.24 Worker's Compensation 217 1,817 o,,,1-11-572.45 General Insurance's 1,100 2,050 I.117_RARY on1-12-571.12 Regular` Salaries i Wages'. 925 925 n!!1-12-571.21 P.I.C.A.,Taxes 75 75 co1-12-571.45 General insurance 450 750 LE SAL rill-13-514.31 Legal Fees Retainer 4,500 34,500 o01-13-514.312 Specialised Legal 2,500 Servicas 1,000 001-13-514.45 General Insurance 110.. 360 Nn!:-DEPARTMENTAL 001-17-901.62 Building Improvements .35,000 35,000 001-17-901.99 Contingency 73,607 89,318 BUDGET TRANSFERS SEWER FUND REVENUE- ADJUST.`:.D DESCRIPTION INCREASE, DECREASE BUDGET 1-343.53 Utility Penalty Income 8,000 20,000 1-343.53 Sewer Assessment Fees 250,000 550,c;o EXPENDITURES 1-10-535,11 Executive Salaries 2,927 31,c-- 1-10-535.10 Overtime 3,000 S'C'" •,-10-535.21 F.L C.A. Taxes 208 . 1-10-535.23 Life &.Health Insurance 2,000 IB,a'. -• 1 1-10-535.45 General insurance 3,600 4.1-10-535.313 Engineering Fees <. 7,000 12,05: 4 1-10-535..15 Special Pays 1.,600 3,380 411-10-535.32 Audit Expense 135 2,7:4 411-19-901.991 .-Note Reduction 250,000 450,000 4'41-19-901.99Contingency 5,000 20,000 I ATD3FSTP TD CITY CMWCII. REC m M N TES AFM 1. 1966 PAGE 4 or 4