HomeMy WebLinkAboutMinutes 02-17-1987CITY COUNCIL
REGULAR MEETING
FEBRUARY 17, 1987
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON FEBRUARY 17, 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 FEBRUARY 3, 1987. MR. HOOO. SECONDED MOTION.
VOTE ON THE MOTION WAS UNANIMOUS.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE.NO. 3-87 AMENDING ZONING GULATIONS
SECTION 632.01 BY ESTABLISHING A DEFREINITION OF LOT
COVERAGE (SECOND 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 HEREWITH) PROVIDING AN EFFECTIVE
DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY..
ITEM 2. ORDINANCE NO. 4-87AMENDING ZONING REGULATIONS BY
REPEALING SECTION 635.25, COASTAL CONSTRUCTION
SETBACK AND CONTROL LINES (SECOND 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, BY REPEALING SECTION 635.25
"COASTAL CONSTRUCTION SETBACK AND CONTROL
LINES" IN ITS ENTIRETY) REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH=
PROVIDING AN EFFECTIVE DATE.
CITY COUNCM REGULAR MEETING
FEBAUA ZY 17, 1987
PAGE 1 OF 6
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION.
MAYOR LEE EXPLAINED THAT IT WAS NECESSARY TO REPEAL THIS
SECTION OF THE ZONING ORDINANCE BECAUSE THE STATE OF FLORIDA HAS
REDRAWN THEIR COASTAL CONSTRUCTION CONTROL LINES.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 4-87 WAS
ADOPTED.
NEW BUSINESS
ITEM 1. ORDINANCE NO. 5-87AMENDING 20NING REGULATIONS
SECTION 639.47 BY ESTABLISHING NEW REGULATIONS POR
SWIMMING PBOLS AND ENCLOSURES (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, FLORIDA, BY
REPEALING SECTION 639.47 IN ITS ENTIRETY AND
REPLACING WITH A NEW SECTION 639.47,.
"SWIMMING POOLS, ENCLOSURES AND ACCESSORIES";
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. MARCHETTI
SECONDED MOTION.
DISCUSSION WAS HELD ON AMENDING THE ORDINANCE TO CLARIFY
THAT SWIMMING POOLS AND THEIR SCREENED ENCLOSURES ARE NOT TO BE
USED IN LOT COVERAGE CALCULATIONS. THIS AMENDMENT. WILL BE DIS—
CUSSED FURTHER AT THE WORKSHOP MEETING.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 5-87 WAS
APPROVED FIRST READING.
ITEM 2. RESOLUTION NO. 87-7 ESTABLISHING PUBLIC HEARING
.DATES FOR ADOPTION OF THE PROPOSED CHANGES IN
ZONING DISTRICTS (RE20NING) OF CERTAIN PARCELS OF
LAND
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ESTABLISHING THE DATE FOR THE
FIRST AND SECOND PUBLIC HEARINGS FOR THE
ADOPTION OF THE PROPOSED CHANGES IN ZONING
.DISTRICTS (REZONING) OF CERTAIN PARCELS OF
LANSAID PUBLICAUTHORIZING
CLERK O
PROVIDINGANEFFECTIVEE
DATE.
CITY COUNCIL REGULAR b=r=
FEBRUARY 17, 1987
PAGE 2 OF 6
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION. VOTE ON THE MOTION WAS UNANIMOUS. THE DATE FOR THE
PUBLIC HEARINGS FOR REZONING WERE ESTABLISHED AS APRIL 7, 1987
AND APRIL 21, 1987.
WITH BRILEY
ITEM 3. RE OOLAND ASSOCIATES REGARDINGCTRAVELTTI
REIMBURSEMENTS
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO AMEND THE AGREEMENT WITH BRILEY,
WILD AND ASSOCIATES REGARDING TRAVEL
REIMBURSEMENTS; PROVIDING AN EFFECTIVE DATE.
MR. KIDD MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 4. RESOLUTION N0. 87-9 AMENDING CONTRACT WITH CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT REGARDING USE
OF EXTRACTION EQUIPMENT OUTSIDE CITY
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO AMEND THE AGREEMENT WITH THE CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT TO ALLOW
USE OF EXTRACTION EQUIPMENT OUTSIDE THE CITY;
PROVIDING AN EFFECTIVE DATE..
MR. MARCHETTI MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION.
IT WAS EXPLAINED THAT THIS AMENDMENT WOULD ALLOW THE VOLUNTEER
FIRE DEPARTMENT TO USE THEIR RESCUE EQUIPMENT OUTSIDE THE CITY
LIMITS.
MR. BILL WINCHESTER QUESTIONED MAYOR LEE. REGARDING A POSS-
IBLE VOTING CONFLICT SINCE THE MAYOR IS A TRUSTEE OF THE
VOLUNTEER FIRE DEPARTMENT. MAYOR LEE EXPLAINED THAT THE
COMMISSION OF ETHICS HAD RULED THAT THIS DOES NOT CONSTITUTE A
CONFLICT.
DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS.
RESOLUTION NO. 87-9, WAS ADOPTED.
E CANAVERAL
ITEM 5. ESTABLISHED AB A7UNITEDQSTATESGCONSTITUTION BE
BICENTENNIAL COMMUNITY
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION REQUESTING THE CITY OF CAPE
CANAVERAL BE ESTABLISHED AS A UNITED STATES
CONSTITUTION BICENTENNIAL COMMUNITY}
APPOINTING MEMBERS TO A BICENTENNIAL
COMMITTEE) APPOINTING A CHAIRMAN OF THE
BICENTENNIAL COMMITTEE; PROVIDING AN
EFFECTIVE DATE.
CITY COUNCIL REGULAR MEETING
FEBRUARY 17, 1987
PAGE 3 OF 6
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION.
IT WAS EXPLAINED THAT THE COUNCIL MEMBERS APPOINTED THEM-
SELVES AS THIS COMMITTEE. MR. MARCHETTI VOLUNTEERED TO BE
CHAIRMAN OF THE COMMITTEE. VOTE ON. THE MOTION WAS UNANIMOUS.
RESOLUTION NO. 87-10 WAS ADOPTED.
ITEM 6. RESOLUTION NO. 87-11 APPOINTMENT OF CITY MANAGER
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING A CITY MANAGER;
PROVIDING FOR COMPENSATION FOR SAID CITY
MANAGER; PROVIDING AN EFFECTIVE DATE.
MAYOR LEE EXPLAINED THAT THE COUNCIL HAD CONDUCTED PERSONAL
INTERVIEWS WITH THE FINAL THREE CANDIDATES FOR THE POSITION OF
CITY MANAGER - LEO NICHOLAS, VINCENT MALOY, AND WILLIAM DENNIS.
HE FURTHER NOTED THAT HE HAD SPOKEN WITH A PERSON WHO HAD WORKED
WITH MR. DENNIS IN SOUTH DAYTONA, AND BASED ON THAT CONVERSATION,
HE WOULD NOT RECOMMEND MR. DENNIS FOR THE POSITION.
MR. KIDD MOVED TO OFFER THE JOB OF CITY MANAGER TO LEO
NICHOLAS FOR AN ANNUAL SALARY OF $25,000.00, EFFECTIVE FEBRUARY
23, 1987.
MR. MARCHETTI EXPLAINED THAT HE WAS NOT IN FAVOR OF
APPOINTING MR. NICHOLAS TO THE POSITION BECAUSE HE FELT MR.
NICHOLAS DID NOT HAVE THE NECESSARY EDUCATION OR FINANCIAL
BACKGROUND. MR. MARCHETTI ALSO NOTED HE DID NOT THINK MR. DENNIS
SHOULD BE DISQUALIFIED BECAUSE OF ONE PERSON'S WORD. DISCUSSION
CONTINUED.
VOTE ON THE MOTION WAS AS FOLLOWED: IN FAVOR, MR. HOOG, MR.
KIDD AND MAYOR LEE; OPPOSED, MR. MARCHETTI. MR. NICHOLAS AB-
STAINED FROM VOTING. MOTION. CARRIED.
ITEM 7. MOTION RE: AUTHORIZING FUNDS TO SUPPORT SPACE COAST
LEGISLATIVE WEEKEND
MR. NICHOLAS MOVED TO AUTHORIZE A $1,000.00 EXPENDITURE TO
SUPPORT BRINGING THE ENTIRE LEGISLATIVE DELEGATION TO THE SPACE
COAST FOR A WEEKEND. MR. HOOG SECOND MOTION. VOTE ON THE MOTION
WAS UNANIMOUS.
CITY COUNCIL REGULAR MEETING
FEBRUARY 17, 1987
PAGE 4 OF 6
CITY ATTORNEY THERIAC WAS ASKED TO LOOK INTO POSSIBLE
VIOLATION OF THE SUNSHINE LAW IF TWO COUNCILMEN WERE SELECTED TO
ATTEND THESE ACTIVITIES.
ITEM 8. MOTION RE: AUTHORIZATION OF REPAIRS TO COLUMBIA
DRIVE
MR. HOOD MOVED TO AWARD THE STREET REPAIR WORK TO AARDVARK
PAVING IN THE AMOUNT OF $3,916.00 AND TO TRANSFER THIS MONEY
FROM CONTINGENCY TO THE STREET REPAIR FUND. MR. MARCHETTI
SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 9. MOTION REt ARCHITECTURAL SERVICES FOR LIBRARY
BUILDING
IT WAS EXPLAINED THAT THE CITY WAS EXPERIENCING PROBLEMS
IN THEIR NEGOTIATIONS WITH ARCHITECT JEROME JEFFERS BECAUSE HE
FELT THE CITY SHOULD PAY OVER AND ABOVE THE CONTRACT PRICE OF
$24,885.25 FOR COPIES OF THE REQUIRED BID DOCUMENTS AND
CONSTRUCTION DRAWINGS.. MR. JEFFERS WAS IN ATTENDANCE AND
ADDRESSED COUNCIL ON THIS MATTER. DISCUSSION FOLLOWED.
MR. MARCHETTI MOVED TO RECONVENE THE NEGOTIATING COMMITTEE
AND CONTINUE NEGOTIATIONS WITH MR. JEFFERS. MR. KIDD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
IT WAS POINTED OUT THAT MR. NICHOLAS HAD PREVIOUSLY SERVED
ON THIS COMMITTEE AS COUNCIL'S REPRESENTATIVE AND NOW HE WOULD BE
SERVING IN THE CAPACITY AS CITY MANAGER. MR. MARCHETTI
VOLUNTEERED TO SERVE AS COUNCIL'S REPRESENTATIVE ON THIS
COMMITTEE.
BY
ITEM 10. MOTION REt ESTABLISHING BUDGETS RECOMMENDED
AUDITORS
MR. NICHOLAS SO MOVED. MR. MARCHETTI SECONDED MOTION.
' MOTION CARRIED UNANIMOUSLY. A COPY OF THE BUDGETS ARE ATTACHED
TO THESE MINUTES AND ARE MADE A PART HEREOF BY REFERENCE.
ITEM 11. MOTION REt BUDGET TRANSFERS
MR. NICHOLAS So MOVED. MR. KIDD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY., A COPY, OF THE BUDGET TRANSFERS ARE ATTACHED
TO THESE MINUTES AND MADE PART HEREOF BY REFERENCE.
CTTY COUNCIL F--- MEETING
FFBRuARY 17,19B7
PAGE 5 OF 6
DISCUSSION
MR. NICHOLAS REPORTED ON THE PROPOSED COUNTY WIDE TAX
ORDINANCE. HE ALSO VOICED HIS APPRECIATION TO COUNCIL FOR
APPOINTING HIM TO. THE POSITION OF CITY MANAGER.
MRS. LEESER WAS THANKED FOR A JOB WELL DONE WHILE SERVING IN
THE CAPACITY OF ACTING. CITY MANAGER.
MR. MOOG ASKED COUNCIL TO CONSIDER ALLOWING AUTO REPAIR AND
RENTAL TRUCK BUSINESSES TO OPERATE WITHOUT GASOLINE SALES. THIS
' ITEM WILL BE REFERRED TO THE PLANNING AND ZONING BOARD FOR A
RECOMMENDATION.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 8:45 P.M.
APPROVED THIS aid DAY OF Manch . 1987.
MAYOR
(\AAT\TEEST:: D
TY CLERK
I
CITY COUNCIL REQIIAR MEETING
FEBRUARY 17, 1987
PAGE 6 OF 6
FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
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WHO MUST FILE FORM 88
This form is for use by any person serving at rile county, city, or other local Innl or government on an appointed or elected board,
council, commission, authority, or committee 11 applies equally to members of advisory and non•advisorybodies who arc presented
with a voting conflict or interest under Seeliun 112.3143, Florida Statutes. The requirements of Ihis law arc 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 nr appointive position. For this reason, please pay close attention to the Instructions on this form
before completing the incise 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 ors a measure which Inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, )vu 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 compleling 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 wring 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 site 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.
11111M\I+N IIIM rout �
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally she nature of your conflict in the measure before participating.
• You should complete she form and file it within IS 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 LOCAL OFFICER'S INTEREST
1, "' /✓�/fes fS , hereby disclose that on _ r' /
;
(a) A measure came or will come before my agency which (check one) 19 � 7
inured to my special private gain; or
Finured 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:
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/'.. r/7/v s.. in,f wNrc rf Z l.✓Al .F, C/ND
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1983), 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 53,000.
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