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Home My WebLink AboutMinutes 02-03-1987CITY COUNCIL REGULAR MEETING FEBRUARY 3, 1987 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON FEBRUARY 3, 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 MICHAEL MARCHETTI. ALSO PRESENT WERE CITY CLERK/ACTING CITY MANAGER JAN LESSER, AND CITY ATTORNEY JIM THERIAC. MR. KIDD MOVED TO FOREGO THE READING OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 20, 1987.. MR. MARCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. PUBLIC HEARINGS ITEM 1. RESOLUTION NO. 87-1 VACATING WEST ONE-HALF OF 80' ROAD RIGHT-OF-WAY LOCATED EAST OF CAPE SHORES (POSTPONED 1-20-87) MAYOR LEE READ. THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLULTION VACATING THE WEST ONE-HALF OF 80' ROAD RIGHT-OF-WAY LCOATED EAST OF CAPE SHORES CONDOMINIUMi PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. ATTORNEY LEONARD SPIELVOGEL ANSWERED THE COUNCIL MEMBERS QUESTIONS REGARDING THE VACATION. IT WAS POINTED OUT THAT THE RESOLUTION DID NOT ACCURATELY REFLECT, THE AREA TO BE VACATED. MR. MARCHETTI MOVED TO AMEND BY ADDING THE WORDS "...AND 50 FOOT RIGHT-OF-WAY..." TO BOTH THE TITLE AND SECTION 1. MR. HOGG SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS UNANIMOUS. RESOLUTION. NO. 87-1, AS AMENDED,WAS ADOPTED. CITY COUNCIL REGULAR MEETING FEBRUARY 3, 1987 PAGE 1 OF 5 UNFINISHED BUSINESS TAX FOR ITEM 1. 2EPI28ILCE NO. BEAUTIFICATION 2 PROJECTS -87 B(SECOND READINGLISHING AD RANTDPUBLIIC HEARING) 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 TAXI PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI. SECONDED MOTION. IT WAS POINTED OUT THAT THIS TAX WAS APPROVED BY A REFERENDUM VOTE AT THE LAST GENERAL ELECTION. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 2-87 WAS ADOPTED. NEW BUSINESS ITEM 1. ORDINANCE NO. 3-87 AMENDING ZONING REGULATIONS SECTION 632.01 BY ESTABLISHING A DEFINATION OF LOT COVERAGE (FIRST 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, BREVARD COUNTY, FLORIDA; AMENDING SECTION 632.01 BY ESTABLISHING A DEFINITION OF "LOT COVERAGE"; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. MARCHETTI SECONDED MOTION. IT WAS NOTED THAT THIS AMENDMENT WAS RECOM- MENDED BY THE PLANNING AND ZONING BOARD. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 2. ORDINANCE N0. 4-87 AMENDING ZONING REGULATIONS BY REPEALING SECTION 6 5.25 COSTAL CONSTRUCTION SETBACX AND CONTROL LINES (FIRST READING AND PUBLIC e NEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS$ AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REPEALING SECTION 635.25 "COASTAL CONSTRUCTION SETBACK AND CONTROL LINES" IN ITS ENTIRETY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITNI PROVIDING AN EFFECTIVE DATE. CITY COUNCIL RDMUM MEETING FEBRUARY 3, 1987 PAGE 2 OF 5 MR. MARCHETTI MOVED TO APPROVE FIRST READING. MR. HOOG SECONDED MOTION• MOTION CARRIED UNANIMOUSLY. MAYOR LEE EXPLAINED THAT THIS AMENDMENT WAS NECESSARY SINCE THE STATE OF FLORIDA HAS. REDRAWN, THE COASTAL CONSTRUCTION CONTROL LINE. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 3• TRESOLUTIOWNHOUSES N0 87-6 PHASE II PLAT KAALPKROKAUFHOLD -SHORE MAYOR LEE READ THE TITLE OFTHE ORDINANCE AS FOLLOWS$ A RESOLUTION APPROVING THE PLAT OF "SEA SHORE TOWNHOUSES, PHASE II"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION REs ACCEPTANCE OF 1985-86 ANNUAL AUDIT REPORT MR. NICHOLAS SO MOVED. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR LEE COMMENDED FINANCE DIRECTOR BENNETT BOUCHER FOR THE GOOD AUDIT REPORT. ITEM 5. MOTION AEs AUTHORIZATION TO PURCHASE ADDITIONAL STORAGE CAPACITY FOR COMPUTER MR. NICHOLAS MOVED TO INCREASE THE COMPUTER. STORAGE CAPACITY TO 65 MEGABYTE AT A COST OF $4,050.00; PURCHASE TO BE MADE FROM GOVERNMENT INFORMATION MANAGER (SOLE SOURCE). MR. KIDD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6.MOTION RE$ AUTHORIZING BRILEY WILD AND ASSOCIATES TO ASSIST CITY IN COMPLYING WITH PHASE I OF COMPREHENSIVE PLAN REVISION AS AEOUIRED BY THE STATE MR. 14ARCHETTI SO MOVED. MR. NICHOLAS SECONDED MOTION. IT WAS POINTED OUT THE COST FOR BRILEY, WILD AND ASSOCIATES TO ' PERFORM PHASE I OF THIS WORK WAS $17,000.00. HOWEVER, THE CITY HAD RECEIVED A STATE GRANT IN THE AMOUNT OF $16,299.00. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 7. ADOPTION OF REVISED WAGE AND SALARY PLAN MR. MARCHETTI MOVED TO ADOPT THE REVISED PLAN AS PRESENTED BY ACTING CITY MANAGER, JAN LEESER. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. A COPY OF THE REVISED PLAN IS ATTACHED TO THESE MINUTES AND MADE A PART HEREOF BY REFERENCE. CITY COUNCIL REoaAR MEETING FEBRUARY 3, 1987 PAGE 3 OF 5 ITEM B. MOTION RE: AUTHORIZATION OF TRAVEL EXPENSES FOR CITY MANAGER CANDIDATES WILLIAM DENNIS AND VINCENT MELOY MR. MARCHETTI SO MOVED. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS WITH MR. NICHOLAS ABSTAINING BECAUSE HE IS A CANDIDATE FOR THE POSITION. ITEM 9. DISCUSSION RE: ESTABLISHING POLICY STATEMENT FOR 1987 STATE LEGISLATURE MAYOR LEE READ THE POLICY STATEMENT WHICH IS ATTACHED TO THESE MINUTES AND MADE A PART HEREOF BY REFERENCE. MRS. LEESER ASKED COUNCIL TO CONSIDER AN ADD-ON ITEM AUTHORIZING EMERGENCY REPAIRS TO LIFT STATION NO. 1, LOCATED ON WASHINGTON AVENUE. SHE EXPLAINED THAT THIS LIFT STATION WAS SCHEDULED TO BE UPGRADED WHEN THE CITY REHABILITATES THE ENTIRE SEWER TRANSMISSION AND COLLECTION SYSTEM. SHE POINTED OUT THAT THE START OF THAT PROJECT WAS AT LEAST 60 DAYS AWAY AND CONTINUAL PROBLEMS HAD BEEN EXPERIENCED WITH THE PUMPS AT LIFT STATION NO. 1. MRS. LEESER FURTHER NOTED THE CITY HAD EXPENDED OVER $8,000.00, AND NUMEROUS MANHOURS, ON REPAIRS TO THAT LIFT STATION OVER THE PAST 13 MONTHS. THE ESTIMATED COST FOR THE REPAIR, WHICH .WOULD INCLUDE INSTALLING TWO NEW PUMPS AND THE NECESSARY ELECTRICAL WORK, WAS $15,000.00. A BUDGET TRANSFER WOULD BE NECESSARY. MR. NICHOLAS MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA. MR. MOOG SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ADD ON ITEM: MOTION AUTHORIZING EMERGENCY REPAIRS TO LIFT STATION NO. li AUTHORIZING NECESSARY FUNDS BE TRANSFERRED FROM RENEWAL AND REPLACEMENT FUND TO OPERATION AND MAINTENANCE MR. NICHOLAS SO MOVED.. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION DISCUSSION WAS HELD REGARDING THE NEW DEVELOPMENT ON THE BEACH AT THE END OF CENTRAL BOULEVARD, ROYAL MANSIONS. DEVFLOPMENT IS PERMITTED AS A CONDOMINUM BUT THEY ARE BEING ADVERTISED AS A "CONDO HOTEL, WITH DAILY RENTALS". IT WAS NOTED THE CITY HAS PREVIOUSLY, EXPERIENCED SIMILAR PROBLEMS WITH CAPE WINDS. CITY ATTORNEY THERIAC EXPLAINED THAT BUILDING OFFICIAL, ARTIS GUNN, HAD CITED BOTH PROJECTS FOR THIS VIOLATION. MR. CITY COUNCIL REGULAR MEETING FEBRUARY 3, 1987 PAGE 4 OF 5 THERIAC SUGGESTED THAT THE DIVISION OF CONDOMINIUMS IN TALLAHASSEE BE NOTIFIED OF THE SITUATION AND THE DEVELOPER BE PUT ON NOTICE THAT THE CITY IS GOING TO PURSUE THE MATTER; THE CITY COULD FILE SUIT FOR AN INJUNCTION TO MARE THEM COME INTO COMPLIANCE BEFORE A CERTIFICATE OF OCCUPANCY WOULD BE ISSUED. MR. THERIAC WAS DIRECTED TO WRITE THE LETTERS TO THE STATE AND THE DEVELOPER. MR. THERIAC BROUGHT TO COUNCILS ATTENTION COMPLAINT HE HAD RECEIVED REGARDING COMMUNICABLE. ALTHOUGH COUNCIL WAS IN SYMPATHY WITH THE COMPLAINANT, THE CITY HAS NO JURISDICTION OVER THE MATTER. DISCUSSION WAS .ALSO HELD ON THE LOT CLEARING ORDINANCE) JUNKED VEHICLE ORDINANCE; AND REPAIRS TO COLUMBIA DRIVE. THESE ITEMS WILL BE DISCUSSED AT FUTURE WORKSHOP MEETINGS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8140 P.M. APPROVED THIS17th DAY OF February , 1987. . MAYOR CITY CODNCIL REGULAR MEETING FEBFLUM 3, 1987 PAGE 5 OF 5 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY,' MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 ASI NA\Il.-1 INSI NA\II:—SIIUIII I. N'A%tL NAAIL UL 11111X14 (�NlNl 11.l�l\ISIISSIrN. All IIIUNII Y. IIN (USI\111111. ,///C 14,4,46 /-,D C• C.. G ,vo/t SIAII INI; A1111NL11 ..u. IIINNIL (1111N('11. 111SISIISSIIIN, AU 11111X111, 11X <'U\IMII II.L UN N'lllt'll l Slx\t IS A IINI1 Int: JJ x o • 6'O •f8 L Aft (u—I .. Inn MN U. AL A(a N('Y U(lUNll (11 IY11.1I11'AI SU11111 \'IS111N: /1AS11: �T &_ C NAY✓�•t•�L .fxr0 C/Tr OY IIAI L I W 11111111 \111L IM'IUNNIII/�CN,}{/!•u'L 1111' IYISI1111N IS: g H•.I I.L'nl\'t AI'IY11N 11\'1: WHO MUST FILE FORM 88 This form Is for use by any person serving at the county, city, or other local Inol 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 or Interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use or this particular form Is not required by law, you art encouraged to use it In making the disclosure required by law. Your responsibilities under the law when faced with a measure In which you haven conflict or 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 forts. 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 arc abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for mcording the minutes of the meeting, who should Incorporate the form in the minuses. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public orrice MUST AMAIN 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 Ise 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 she 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 rile this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes or the meeting, who will Incorporate the form In the minutes. • A copy of the form should be provided immediately to the other members of she agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a cornier of inlcresl� u n,x\I +o m,A rArd IP YOU MARE 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 1, Leo C. A tc#VRI-.A5 , hereby disclose that on g— F¢ 3A.±!tt , ig & 7: (a) A measure calve or will come before my agency which (check one) Knured 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: .4 ✓o 7-6 T° PAy 7'94Yst ate ePf✓Siv Ko a e!rJ MdAJ� 6br1 c0,77.'J o wI/I c,V � F,f+YrtCstse+–.S a Ne OF, Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), A FAILURE TO MARE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY RE 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. IV I nN M- 11— PAO 2 PROPOSED AMENDMENTS TO WAGE AND SALARY SCHEDULE Present Proposed Salary Range Salary Range CLASSIFICATION $9,360 - 13,104 $9,360 - 14,820 Maintenance Worker 9,080 -,13,358 9,880 - 15,132 Recreation Aide 9,880 - 13,358 9,880 - 15,132 Clerical Assistant 9,880 - 20,436 Wastewater Treatment Plant Operator 9,880 - 17,000 10,816 - 15,143 10,816 - 16,224 Accounting Clerk 10,816 - 15,143 10,816 - 10,720 Equipment Operator, 11,295 - 15,008. 11,295 - 16,942 Secretary 12,334 - 16,711 12,334 - 20,0 Secretary to the City Manager 13,560 - 59 21,590 Code Enforcement inspector 13,560 - 18,258 13,560 - 18,250 13,560 - 20,592 Laboratory Technician 13,560 - 24,336 13,560 - 18,250 Maintenance Foreman 14,662 - 19,977 14,662 - 27,081 Assistant WWTP Supervisor 14,662 - 19,977 14,662 - 23,400 Fire Inspector 16,120 - 22,568 16,120 - 30,424 Finance Director 16,120 - 22,568: 16,120 - 30,424 Maintenance Supervisor �• 16,864 - 30,424 ,16,864 - 23,620 Recreation Director 16,864 - 23,620 16,864 - 30,424 City Clerk .16,864 - 23,620 16,864 - 30,424 WWTP Supervisor - 24,775 17,700 - 30,424 Building Official .17,700- Set by City Council set by City Council City Manager AT17+CHM R TO FEBRUARY 3, 1987 BUDGET TRANSFERS GENERAL FUND ACCOUNT 4 REVENUE DESCRIPTION INCREASE ADJUSTED DECREASE BUDGET 001-361.4 Interest Fire Trust aFund 10,000 rned 10,000 001-364.49 Sale of Fixed Assets 635 1,135 001-369.2 Site Plan Review. 4,000 6,000 Income 001-369.3 Refund of Prior Year 13,000 13,000 Expenses 001-380.2 Transferundr fr m Fire, .17,500 17,500 TruEXPENDITURES NON-DEPARTMENTAL 001-17-901.491 Titusville Mowing 5,000 Settlement .5,000 001-17-901.99 Contingency 40,135 59,960 SUMMARY REVENUE 45,135 - 1,937,687 EXPENDITURES 45,135 1,937,687 - - - _ - _ SEWER FUND REVENUE. 401-343.53 Sewer Assessment 150,000 250,000 Fees 401-369.3 Refund of Prior Year 3,000, 3,000 Expenses _ EXPENDITURES 401-19-901.49 Uncollectable Accounts NOTE: Figure is estimated on 19 of annual 8,000 8,000 .Billing 401-19-901.644 Expansion Fund - 150,000 352,619 Costs 401-19-901.99 Contingency 5,000'. 20,275 SUMMARY "REVENUE 153,000 1,089,700 EXPENDITURES 153,000 -1,089,700 AT171CIII'II"M TO COUNCIL MINUTES FEBRum 3, 1987 ESTABLISHMENT OF FIRE PROTECTION TRUST FUND BUDGET REVENUE 102-342.21 .Impact Fees - Aerial Fire Truck 25,000 102-342.22 Impact Fees - Fire Truck Building 2,000 102-361.1 Interest Income from Investments 500 EXPENDITURES 10,000 102-22-522.72 Interest Expense 102-22-581.91 Transfer to'General Fund 17,500 ESTABLISHMENT OF SPECIAL ASSESSMENT FUND BUDGET CANAVERAL BEACH GARDENS PROJECT REVENUE 702-361.39 Interest Income From Investments 150 EXPENDITURES 150 702-60-582.49 Miscellaneous ESTABLISHMENT OF SPECIAL ASSESSMENT FUND BUDGET HARBOR HEIGHTS PROJECT REVENUE 703-361.15 interest income from Investments 50 '. EXPENDITURES 50 703-70-582.49 Miscellaneous ESTABLISHMENTS OF SPECIAL ASSESSMENT FUND BUDGET -- CHANDLER STREET PROJECT _ .REVENUE - 704-361.1 Interest Income from Investments-, 10 . EXPENDITURES. 10 704-44-582.49 Miscellaneous.- T COMIL mawlES "pESX 0f 3, 1987