HomeMy WebLinkAboutMinutes 01-20-1987CITY COUNCIL
REGULAR MEETING
JANUARY 20, 1987
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, WAS HELD ON JANUARY 20, 1987 AT CITY
HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR
PATRICK LEE. INVOCATION WAS LED BY MR. MARCHETTI, WHICH WAS
FOLLOWED BY THE PLEDGE OF ALLEGIANCE.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR PATRICK LEE, MAYOR PRO TEM LEO NICHOLAS, AND COUNCIL
MEMBERS ROBERT HOOG, JEFF KIDD, AND MIKE MARCHETTI. ALSO
PRESENT WERE CITY CLERK/ACTING CITY MANAGER JAN LEESER, AND
CITY ATTORNEY JIM THERIAC.
MR. KIDD MOVED TO FOREGO THE READING OF THE MINUTES OF
THE COMBINED WORKSHOP AND REGULAR MEETING OF JANUARY. 6, 1987.
MR. HOOG SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
PUBLIC HEARINGS
ITEM 1. ORDINANCE NO. 1-87 AMENDING CHAPTER 630 BY
ADOPTING AMENDED COMPREHENSIVE PLAN -(SECOND
READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 630 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, BY ADOPTING THE AMENDED
COMPREHENSIVE PLAN; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION.
MR. LAMAR RUSSELL, CHAIRMAN OF THE PLANNING AND ZONING
BOARD, POINTED OUT THE PROPOSED CHANGES IN LAND USE ON THE
MAP ON DISPLAY AT THE MEETING.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 1-87
WAS ADOPTED.
ITEM 2. RESOLUTIONNO. 87-1 VACATING WEST ONE-HALF
OF 80 ROAD RIGHT-OF-WAY LOCATED EAST OF
CAPE SHORES
MAYOR LEE READ THE TITLE OF THE. RESOLUTION AS FOLLOWS:
A RESOLUTION VACATING THE WEST ONE-HALF OF 80'
ROAD RIGHT-OF-WAY LOCATED EAST OF CAPE SHORES
CONDOMINIUM; PROVIDING AN EFFECTIVE, DATE.
CITY COUNCIL
REGULAR MEETING
JANUARY 20, 1987
PAGE 1 OF 5
IN RESPONSE FROM A LETTER BY ATTORNEY SPIELVOGEL, STATING
HE HAD A CONFLICT WITH MEETINGS, AND THAT HE WOULD ATTEMPT TO
ATTEND OUR COUNCIL MEETING AFTER HE FINISHED HIS BUSINESS AT
THE CITY OF WEST MELBOURNE, MR. NICHOLAS MOVED TO PLACE THIS ITEM
AT THE END OF THE AGENDA. MR. KIDD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1. RESOLUTION N0. 86 -83 APPOINTMENT OF CODE
ENFORCEMENT BOARD MEMBERS (POSTPONED 1-6-87)
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING A MEMBER TO THE CODE
ENFORCEMENT BOARD; PROVIDING AN EFFECTIVE DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION.
THE RESOLUTION APPOINTED JAMES OKELL TO THE BOARD IN THE REALTOR
CATEGORY. MRS. LEESER POINTED OUT THAT SHE HAD NOT PLACED MR.
LOPEZ' NAME ON. THE RESOLUTION BECAUSE SHE HAD CONCERNS REGARDING
HIS RESIDENCY IN THE CITY.. MR. LOPEZ WAS IN ATTENDANCE AND
EXPLAINED TO THE CITY COUNCIL THAT HE SUBLETS AN APARTMENT ON
JEFFERSON AVENUE, AND THAT IS THE REASON HIS NAME IS NOT LISTED
ON THE UTILITY BILLING. HE FURTHER NOTED HE HAS LIVED IN THE
CITY LONGER THAN AYEAR. MR.,HOOG INDICATED HE WOULD ASK FOR
AN ADD-ON ITEM AT THE END OF THE MEETING TO APPOINT MR. LOPEZ
TO THE BOARD.
VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 86-83,
APPOINTING MR. OKELLTO THE BOARD, WAS ADOPTED.
NEW BUSINESS
VALOREM
ITEM I. ORDINANCE NO. 2-87 ESTABLISHING AD
TAX FOR BEAUTIFICATION PROJECTS (FIRST
READING AND PUBLIC NEARINGI.
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ESTABLISHING AND IMPOSING AN
AD VALOREM TAX NOT TO EXCEED .5 MIL ON ALL
REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING SAID TAX REVENUE
SHALL BE APPROPRIATED FOR BEAUTIFICATION PROJECTS;
PROVIDING THAT THE BREVARD COUNTY TAX COLLECTOR
SHALL COLLECT SAID TAX; PROVIDING AN EFFECTIVE DATE.
CITY COUNCIL
REGULAR MEETING
JANUARY 20,1987
PAGE 2 OF 5
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION. MR. NICHOLAS POINTED OUT THAT THIS TAX WAS APPROVED
BY A REFERENDUM VOTE LAST NOVEMBER.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 2-87
WAS ADOPTED.
ITEM 2. RESOLUTION N0. 87-2 APPROVAL OF ZONING BOARD
OF ADJUSTMENT RULES OF PROCEDURES
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPROVING THE RULES OF PROCEDURE
OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY
OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION.
CITY ATTORNEY THERIAC EXPLAINED THAT THE RULES OF PROCEDURE
WERE CHANGED TO CALL BOARD MEMBERS' ATTENTION TO CONFLICT OF
INTEREST AND THE SUNSHINE LAW.
VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 87-2
WAS ADOPTED.
ITEM 3. RESOLUTION NO. 87-3 APPOINTMENT OF BEAUTIFICATION
BOARD MEMBER
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING A MEMBER TO THE
BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE
DATE.
MR. KIDD MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY. MRS. BETTY BLEYER WAS APPOINTED
TO THE BEAUTIFICATION BOARD.'
ITEM 4. MOTION RE: REQUEST FOR VENDOR'S LICENSE FOR
HOT DOG STAND - STEVE CAPOZZO
MR. NICHOLAS MOVED TO GRANT THE VENDOR'S LICENSE. MOTION
DIED FOR LACK OF A SECOND.
ITEM 5. MOTION RE: PERMISSION TO ADVERTISE FOR CHLORINE
.CYLINDER REPAIR KIT
MR. NICHOLAS SO MOVED. MR. KIDD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 6. MOTION RE: ESTABLISHING POLICY STATEMENT
FOR 1987 STATE LEGISLATURE
SINCE THE REQUIRED PAPERS WERE NOT AVAILABLE, MR. MARCHETTI
MOVED TO POSTPONE THIS ITEM. MR. NICHOLAS SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL
REGULAR MEETING
JANUARY 20, 1987
PAGE 3 OF 5
ITEM NO. 2, RESOLUTION NO. 87-1, WAS ADDRESSED AT THIS
TIME. MR. NICHOLAS READ SECTION 2 OF THE RESOLUTION FOR THE
BENEFIT OF THE CITIZENS IN ATTENDANCE. DISCUSSION FOLLOWED.
MR. MARCHETTI MOVED TO TABLE UNTIL THE NEXT REGULAR MEETING.
MR. KIDD SECONDED MOTION. .MOTION CARRIED UNANIMOUSLY.
DISCUSSION
MR. HOOG MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA,
APPOINTING RONNIE LOPEZ TO THE CODE ENFORCEMENT BOARD. MR.
NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ADD-ON-ITEM: RESOLUTION NO. 87-4 APPOINTMENT OF CODE
ENFORCEMENT BOARD MEMBER
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING A MEMBER TO THE CODE
ENFORCEMENT BOARD; PROVIDING AN EFFECTIVE DATE.
MR. HOOG MOVED FOR ADOPTION. MR. NICHOLAS SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY. MR. LOPEZ WAS APPOINTED TO THE BOARD.
CITY ATTORNEY THERIAC POINTED OUT THAT MRS. LEESER HAD
CONTACTED HIM WITH A CONCERN ABOUT SIGNING THE PURCHASE ORDER
AND CHECKS FOR THE TEE-SHIRTS COUNCIL WISHED TO PURCHASE FROM
WESTBERG SCREEN PRINTING FOR THE ANNIVERSARY CELEBRATION BECAUSE
HER SISTER, JOAN WESTBERG, IS OWNER OF THE COMPANY. HE SUGGESTED
FORMAL ACTION BE TAKEN BY THE COUNCIL IN THE MATTER TO ABSOLVE
MRS. LEESER OF ANY IMPROPRIETY IN THE MATTER.
MR. 14ARCHETTI MOVED FOR THE FOLLOWING ADD-ON ITEM. MR.
KIDD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ADD-ON-ITEM: MOTION RE: AUTHORIZATION TO .PURCHASE A
MINIMUM OF ONE GROSS OF TEE-SHIRTS FROM
WESTBERG SCREEN PRINTING FOR THE CITY
SILVER ANNIVERSARY CELEBRATION
MR. HOOG SO MOVED. MR. NICHOLAS SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY. IT WAS POINTED OUT THAT THE TEE-SHIRTS
WOULD BE RESOLD FOR A PROFIT.
DISCUSSION
DISCUSSION WAS HELD ON WHETHER OR NOT IT WOULD BE BENEFICIAL
TO SEND SOMEONE TO TALLAHASSEE TO PETITION FOR THE STATE IIF
PROPERTY THAT THE CITY IS ATTEMPTING, TO GAIN TITLE TO. IT WAS
CITY COUNCIL
REGULAR MEETING
'JANUARY 20, 1987
PAGE 4 OF 5
DECIDED IT WOULD BE PREMATURE TO SEND SOMEONE AT THIS TIME.
CITY ATTORNEY THERIAC GAVE A REPORT ON HIS TRIP TO MIAMI
REGARDING THE SCANDINAVIAN SEA LAWSUIT. HE EXPLAINED THAT THE
CITY WAS IN GOOD SHAPE BECAUSE THE FEDERAL STATUTE OF
LIMITATIONS HAD EXPIRED.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 8:15 P.M.
APPROVED THIS 3rd DAY OF February , 1987.
Mayor
ATTEST:
ty Clerk