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Home My WebLink AboutMinutes 11-18-1986CITY COUNCIL REGULAR MEETING NOVEMBER 18, 1986 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, .WAS HELD ON NOVEMBER 18,. 1986, AT CITY HALL, 105 POLK. AVENUE, CAPE CANAVERAL, ;FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7230 P,M. BY MAYOR LEE. INVOCATION WAS LED. BY. COUNCILMAN MARCHETT 1, WHICH WAS FOLLOWED BY 9•He. PLEDGE OF ALLEGIANCE,. THE ROLL WAS CALLED BY THE CITY CLERK. OPPICIALE PRESENT MAYOR PATRICK LEE,. MAYOR PRO TEM LEO NICHOLAS, COUNCIL 4E!48FRS JERRY FISCHETTI, JEFF KIDD, AND MIKE MARCRETTI. ALSO PRESENT WERE CITY' MANAGERFRED NUTT, CITY ATTORNEY JIM THERIAC AND CITY CLERK'JAIN LESSER. MR. KIDD MOVED TO FOREGO THE;. READING OF THE MINUTES OF THE ,tErULAR MEETING OF NOVEMBER 6, 1986: MR. FISCHETTI SECONDED ,4)TION, VOTE ON THE M02ION WAS UNANIMOUS. UNFINISHED BUSINESS ITEM 1. OROINANC8 N0• ZByBESTABLISRING MNDING INI REGULATIONSS SECT ON OR 5W MMINGPOONG AND ENCLO RES I6E OND READING AND P C MAYOR LEE READ THE. TITLE OF THE. ORDINANCE AS FOLLOWS= AN ORDINANCE &WENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING SECTION 639.47, "SWIMMING POOLS AND ENCLOSURES" IN ITS ENTIRETY AND REPLACING WITH A NEW SECTION 639.171 REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE.' MR. NICHOLAS MOVED FOR ADOPTION. MR. 14ARCHETTI SECONDED NOTION. MR. LAMAR RUSSELL, 'CHAIRMAN OF THE PLANNING AND ZONING. BOARD, WAS IN ATTENDANCE AND REVIBWED THE PROPOSED ORDINANCE FOR. THE CITY COUNCIL MEMBERS. HE EXPLAINED THAT. TUB PLANNING AND ZONING BOARD HAD ATTEMPTED TO PLACE ALL REGULATIONS REGARDING POOLS AND POOL ENCLOSURES to ONE SECTION SO THAT PROPERTY OWNERS WOULD REALIZE IF THEY CONSTRUCTED,& POOL RIGHT UP.TO THE SETBACK LINE THEY WOULD NOT BE ALLOWED To ENCLOSE IT AT A LATER DATE. CITY CDIF*CIL RXUM MEETING N7ogm 18, 1986 PAGE OF 5 PAGES OIsCUSSION FOLLOWED ON THE PROS AND CONS OF THE REQUIREMENT TO HAVE A REGISTERED ENGINEER SEAL POOL PLANS. MR. NICHOLAS MOVED TO POSTPONE THIS ITEM UNTIL THE PLANNING AND ZONING BOARDREVIEWS' THE COMMENTS MADE BY THE CITY COUNCIL. MR. KIDD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. 'ORDINANCE NO. 30-86 AMENDING' ZONING REGULATIONS BY CLARIFYING THELANGUAGE IN'SECTION ANR .3 REGARp NC BUILDING LENGTH SECOND. READ) NO AND PUBLIC HEARING) MAYOR LEE READ THE. TITLE OF THE ORDINANCE AS FOLLOWS$ AN. ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY 'CLARIFYING THE LANGUAGE IN SECTIONS 637.25 AND 637.39' REGARDING BUILDING LENGTH), REPEAL- ING ALL PORTIONS OF THE CODE IN CONFLICT. 'HEREWITH) PROVIDING AN EFFECTIVE DATE.. MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION. ,MOTION CARRIED UNANIMOUSLY. ITEM 3. ORDINANCE NO. 31-86 AMENDING ZONING REGULATIONS BY ALLOWING PARKING IN SIDE 6 BACKS ON CORNER LOTS IN C- ZONE, S (6ECOND READING AND PUBLIC HEARING) MAYOR ,LEE READ, THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 639.21, `SETBACK ENCROACH- MENTS" BY ALLOYING PARKING IN SIDE SETBACKS ON CORNER LOTS IN THE COMMERCIAL ZONING DISTRICT( REPEALING ALL PORTIONS OF THE CODE IN .CONFLICT HEREWITHI PROVIDING AN EFFECTIVE PATE.. MR, NICHOLAS MOVED FOR ADOPTION. MR. FISCNBTTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. ITEM. 4. ORDINANCE NO. 32-86 AMENDING CHAPTER' 610 TO ALLOW FOR REMOVA FJUNK AND JUNKED VZHICLES rSECOND' READING AND PUBLIC HL"10iul MAYOR LEE READ THE TITLE OF THB ORDINANCE AS FOLLOWS, ' AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 610, "ABANDONED PROPERTY, SUPPLEMENTAL PROCEDURE FOR REMOVAL AND DESTRUCTION'. BY ALLOWING FOR REMOVAL OF JUNK AND JUNK VEHICLES; REPEALING ALL PORTIONS OF THE CODE, IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE' DATE. NR. KIDD MOVED FOR ADOPTION.,. MR. FISCHETTISECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CITY COUNCIL REGULAR MEETING NOV12SER 18, 1986 PAGE 2 OF 5 PAGES ITEM 5. ORDINANCE No. 33-86 AMENDING CHAPTER 675 TO DELETE REFERENCE TO JUNK OR JUNK VEHICLES (SECOND READING AND PUBLIC HEARING! MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA. AMENDING CHAPTER 675. "LITTER AND WASTE", BY DELETING.REFERENCES.TO` JUNK OR JUNK VEHICLESI REPEALING ALL PORTIONS OF THE CODE IN CONFLICT. HEREWITHI PROVIDING AN EFFECTIVE DATE, MR., MARCHETTI MOVED FOR ADOPTION. MR. �FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME MAYOR LEE PRESENTED A PLAOUE.TO MR. FISCHETTI FOR HIS SERVICE AS'A CITY COUNCIL MEMBER. NEW BUSINESS ITEM 1. OATH OP OFFICE FOR NEW COUNCIL MEMBERS ATTORNEY THERIAC GAVE THE OATH OF OFFICE TO COUNCIL. MEMBERS JEFF KIDD AND ROBERT.MOOG. MR. KIDD;AND MR. -H000. THEN ASSUMED 'FSEIR SEATS, ITEM 2. RESOLUTION NO. 86-76 ELECTING MAYOR PRO TEM MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS( ARESOLUTION ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE.. DATE. MR. MARCHETTI NOMINATED LEO NICHOLAS AS MAYOR PRO. TEM. MR. KIDD SECONDED THE NOMINATION. MR. MARCHETTI MOVED FOR ADOPTION OF RESOLUTION NO, 86-76.' MR. KIDD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. MR. NICHOLAS WAS ELECTED MAYOR( PRO TEN.' ITEM 3. RELUTION NO. 86-77 DESIGNATING COUNCILAREAS OF INT SORE T MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS::. ' A RESOLUTION DESIGNATING AREAS OF PRIMARY INTEREST OF INDIVIDUAL COUNCIL MEMBERS► PROVIDING AN.EFFECTIV.E DATE. MR. NICHOLAS MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING.' MR. MARCHETTI SECONDED MOTION. NOTION CARRIED .UNANIMOUSLY.. CITY COLICA. REGULAR MEETING NMMMM R 18, 1986 PAGE 3 OF 5 PAGES ND ITEM 4. RESOLUTION NO. 86-78 PLAT APPROVAL BARNES AND 17_ HAYNES RESUBDIVISION -UNITS LOTS 5 BLOCK [LOCATED AT THE CORNER OF RIDGEWOOD AND JEFFERSON[ - DONALD HAYNES AND C. W. BARNES MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS' A RESOLUTION APPROVING THE PLAT OCZ INGTHS NES AND HAYNESRESUBDIVISION'1 MAYOR AND CITY CLERK TO CERTIFY THE PLAT1 'PROVIDING AN EFFECTIVE DATE, MR. MARCHETTI MOVED FOR ADOPTION, MR. NICHOLAS SECONDED MUTTON. VOTE ON THE NOTION WAS AS FOLLOWS, IN ;FAVOR, MR, HOOG, MAYOR LEE, MR. MARCHETTI AND MR- NICHOLAS. MR. KIDD ABSTAINED HFCAUSE OF THE POSSIBILITY OF HIS COMPANY BIDDING ON THE PLOOR CONTRACT OF THE COMPLETED PROJECT. :MOTION CARRIED. lF,ypLtlTION N0. 86-78 WAS ADOPTED. P.. ION FOR ITEM 5.' LO�CALNGOVERNMENTRCZAPREHENSIVELPLANNINGAAS ISTANCE PUNDB r -. MR, NICHOLAS SECONDED, MOTION. MR. MARCHE'"I So MOVED, MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION RE: AUTHORIZATION 0 DISPOSE OF SURPLUS PROPERTY MR.. NICHOLAS SO MOVED. MR. KIDD.SECONDED MOTION, MOTION ION UNANIMOUSLY. CITY MANAGER, 'MR. NUTT, NOTED. THE. AUCTION WOULD BE HELD ON SATURDAY, DEC EMBER 13TH, IN THE BAY[ AREA OF, THE CITY HALL ANNEX. , ITEM 7. MOTION RE' AUTHORIZATIOW TQ ADVERTISE FOR A CITY MANAGER MR. NICHOLAS SO MOVED. MR. KIDD�SECONDED MOTION. MAYOR LEE A COPY OF WHICH.ISATTACHED READ THE PROPOSED ADVERTISEMENT. . . HERETO AND MADE A PART HEREOF. DISCUSSION FOLLOWED WITH MR. MARCHETTI NOTING HE THOUGHT THE AD SHOULD SPECIFY MINIMUM ' pUALIFICATIONS. 'MAYOR LEE .EXPLAINED HE THOUGHT THE AD SHOULD REMAIN AS IS BECAUSE THE CITY CAN REJECT APPLICANTS WITHOUT THE NECESSARY QUALIFICATIONS, .VOTE ON .THE MOTION WAS UNANIMOUS.. DISCUSSION MR. NUTT REPORTED THAT THE LIBRARY DESIGN REVIEW CWIMMITTEE HAD SCHEDULED INTERVIEWS WITH THREE ADDITIONAL ARCHITECTURAL FIRMS., RD:IAIR !FETING CNOVEMBER 18, 1986 PAGE 4 OF 5 PAGES MAYOR LEE ASKED FOR AN OPINION FROM THE CITY ATTORNEY REGARDING COUNCIL MEMBERS ATTENDING THE CANAVERAL, PORT AUTHORITY MEETING FOR THE PURPOSE OF DISCUSSING THE POSSIBILITY OF PLACING THE WORDS *WELCOME TO CAPE 'CANAVERAL' ON THE NORTH SIDE OF THE. PORT'S SIGN LOCATED. ON NORTH ATLANTIC AVENUE. ATTORNEY THERIAC EXPLAINED THAT THE ATTENDANCE BY THE CITY COUNCIL WOULD HAVE TO ADVERTISED. MR. KIDO. QUESTIONED THE,CITY ATTORNEY REGARDING ATTENDING THE FIRE DEPARTMENT BUSINESS., MEETING WHEN OTHER CITY COUNCIL MEMBERS ARE IN ATTENDACE.: MR. THERIAC ADVISED MR. KIDD THAT IT MAY BE A VIOLATION OF. THE SUNSHINE LAW.DISCUSSION FOLLOWED ON THE PROBLEM OF TWO MEMBERS OF COUNCIL BELONGING TO THE VOLUNTEER FIRE ORGANIZATION. 'MR. THERIAC NOTED THAT HE WOULD WRITE TO.. THE -:,OMMISSION.OF ETHICS FOR AN OPINION ON THIS .MATTER. - MR. THERIAC EXPLAINED THAT HE HAD RESEARCHED THE POSSIBILITY OF BORROWING FUNDS FOR BEAUTIFICATION PROJECTS AND THEN REPAYING THE LOANS WHEN THE TAX MONEY IB COLLECTED.. '-HF. NOTED THAT THERE ARE NO RESTRICTIONS IN THE STATE STATUTE BUT HE WOULD LIKE TO CONSULT THE AUDITORS ON THE-ISSUE.,. THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 8:15 P.M. MAYOR ATTEST: CI CLERK � CITY NUNCIL REGULAR MEETING NOVEMBER 18. 1986 PAM 5 OF 5 PAGES MICROFII MFD AUG 87 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR- COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS N `ME-FIRST NAM -M ''"LE NAME T NAME 0 BOO RD,COU 'IL,COMMISSION,AUHORITY, OR COMMITTEE , 777/7 (ire MAILING ADDRESS ACT THE BOAIjtD, COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON /�/JX p //1,�,/ /� WH H SERVE ISAUNITOF: �l./I .Cti /�C�L�C(/ �(/� Cll'Y COUNTY OTHER LOCAL AGENCY CITY COUNTY yam'/P NAME OF P OOLITICAL.SUBDIVISION: 4,e' DATE/N W 1 H VOTE OCCU D!/ /K / / .7/7 MY POSITION IS: �(1/�t/j/ �t7� EL ECTIAPPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (1 I GR\I RB Ill-K6 PAGE I MICROFILMED AUG 87 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST / I, / C;//. //4(1, hereby disclose that on _ , 1� • (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 1 C//i/ Ui 71A -4aK" C‘,Ue'-' ' CST- //QJC CJ,U/f V/ /9/.1 Date Filed Signature 1� NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE 2 CE FORM 88- 10-86 MICROFILMED AUG 87 CHRISTMAS BONUS 1986 CHRISTMAS EMPLOYMENT DATE EMPLOYEE BONUS ADMINISTRATION 5/29/83 Frederick C. Nutt 70. 00 8/20/81 Janet S. Leeser 87. 50 2/18/81 Bennett C. Boucher 100 . 00 3/19/84 Anne E. Bird 55 . 00 5/13/85 Deborah E. Haggerty 40 . 00 3/19/86 Kathi M. Evans 25 . 00 9/8/86 Elizabeth Gamache 25 . 00 11/24/86 Genevieve Campbell (Part-Time) 12 . 50 $415. 00 CROSSING GUARDS 2/1/78 John W. Osborne 132. 50 9/4/73 Alma Osborne 207. 50 11/10/80 Bessie M. Fry 102 . 50 $442. 50 PLANNING & ZONING 7/28/82 Kathryn L. Pfirman (Part-Time) $ 72 . 50 BUILDING DEPARTMENT 3/14/84 Artis A. Gunn 55 . 00 6/18/84 Jeffrey L. Eckley 55 . 00 6/25/84 Josephine M. Hughes 42. 50 2/11/85 Evelyn B. Hutcherson 40. 00 $192. 50 FIRE DEPARTMENT 1 4/29/86 William V. Huber (Part-Time) $ 12. 50 STREET DEPARTMENT 2/3/69 Kenneth L. Boring 280. 00 ' 9/6/66 Carl R. Akery 325. 00 4/13/78 Warren L. Duble 145. 00 3/13/85 Michael W. Johnston 40 . 00 10/14/85 Scott J. Cullen 40 . 00 3/31/86 William H. Thomas 25. 00 3/31/86 Craig F. Staffileno 25 . 00 6/4/86 Jeffrey R. Uhler 25. 00 $905 . 00 RECREATION COMPLEX 6/21/78 Nancy L. Hanson 145. 00 3/21/83 Francoise Norman 57 . 50 9/20/76 Wallace A. Homer (Part-Time) 162. 50 1/10/86 Marcel A. Bonnenfant (Part-Time) 12. 50 3/25/86 Louise G. Peace (Part-Time) 12. 50 7/30/86 Donna S. Welton (Part-Time) 12. 50 9/3/86 Manuel Shaw (Part-Time) 12. 50 12/9/85 Cheryl L. Puleo (Part-Time) 12. 50 $427. 50 WASTEWATER TREATMENT DEPARTMENT 10/24/78 Lyle A. Waltemire 145. 00 12/18/78 James S. Jackson 130 . 00 4/8/81 John R. Teston 100. 00 7/13/81 Michael J. Rhoads 100. 00 12/6/82 Ottis E. Manley 70. 00 12/6/82 Keith T. Jordan 70 . 00 12/6/82 Hugh J. O'Keefe 70. 00 4/11/83 Danny P. Neely 70. 00 5/18/83 Anthony A. Emerson 70 . 00 • MICROFILMED AUG 87 CHRISTMAS EMPLOYMENT DATE EMPLOYEE BONUS WASTEWATER TREATMENT DEPARTMENT (CONT' D) 5/5/86 Robert T. Clark 25. 00 6/17/85 Robert A. Hereford 40 . 00 9/2/86 June A. Clark 25. 00 8/18/86 David S. Melincoff 25. 00 10/7/85 Walter D. Caldwell 40 . 00 10/7/85 David E. Beasley 40 . 00 10/7/85 Richard R. Watson 40 . 00 $1, 060 . 00 GRAND TOTAL CHRISTMAS BONUS $3, 527. 50 Full Time Employees - $25. 00 first year $15. 00 each additional year Part-Time Employees - $12. 50 first year $15. 00 each additional year