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HomeMy WebLinkAboutMinutes 03-17-1987CITY COUNCIL REGULAR MEETING MARCH 17, 1987 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON MARCH 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, COUNCIL MEMBERS ROBERT HOOG, JEFF KIDD AND MICHAEL MARCHETTI. ALSO PRESENT WERE CITY MANAGER LEO NICHOLAS, CITY ATTORNEY JIM THERIAC AND CITY CLERK JAN LEESER. MR. KIDD MOVED TO FOREGO THE READING OF THE MINUTES OF THE REGULAR MEETING OF MARCH 3, 1987. MR. HOOG SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. AT THIS TIME, MAYOR LEE PRESENTED A PLAQUE TO LIBRARY DIRECTOR, IRENE SANDERS, UPON HER RETIREMENT. MAYOR LEE READ A PROCLAMATION PROCLAMING APRIL AS "CLEAN-UP MONTH" IN THE CITY. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 6-87 AMENDING CHAPTER 624, FLOOD DAMAGE PREVENTION BY ADOPTING 1986 MODEL STATE CODE (SECOND READING AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 624, FLOOD DAMAGE PREVENTION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REPEALING THE CHAPTER IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER; PROVIDING PENALITIES FOR VIOLATION; PROVIDING FINDINGS OF PACT;.PROVIDING DEFINITIONS; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. MARCHETTI MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. DISCUSSION FOLLOWED ON ADDRESSING MANUFACTURED HOUSING IN THE ORDINANCE. IT WAS POINTED OUT THAT MANUFACTURED HOUSING PERTAINS NOT ONLY TO MOBILE HOMES BUT ALSO MODULE HOMES. CITY COUNCIL R93RAR MINUPES MARCH 17, 1987 PAGE 1 OF 6 MR. MOOG MOVED TO AMEND THE ORDINANCE BY INSERTING THE TWO PARAGRAPHS RECOMMENDED BY THE STATE THAT ADDRESS MANUFACTURED HOUSING AND TO CHANGE THE APPEALS BOARD TO THE ZONING BOARD OF ADJUSTMENT. MR. MARCHETTI SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION WAS UNANIMOUS. ORDINANCE NO. 6-87, AS AMENDED, WAS ADOPTED ON SECOND READING. NEW BUSINESS ITEM 1. RESOLUTION NO. 87-14 RENEWING LOAN WITH FIRST AMERICAN BANK AND TRUST FOR PURCHASE OF BLOCK 47 MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWSt A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO RENEW A LOAN WITH FIRST AMERICAN BANK AND TRUST FOR THE PURCHASE OF BLOCK 47, AVON-BY-THE-SEA SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY LOAN DOCUMENTS TO RENEW THAT LOAN; BY PLEDGING CERTAIN FRANCHISE FEES AS COLLATERAL FOR SAID LOAN; BY PROVIDING AN EFFECTIVE DATE. MR. 14ARCHETTI MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 87-15 EXTENDING CREDIT LIMITS ON VISA CREDIT CARD MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AMENDING RESOLUTION NO. 86-11 BY EXTENDING THE CREDIT LIMITS ON THE CITY'S VISA CREDIT CARD; PROVIDING AN EFFECTIVE DATE. MR. KIDD MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED. UNANIMOUSLY. ITEM 3. RESOLUTION NO. 87-16 AGREEMENT WITH BREVARD COUNTY FOR LIFEGUARD SERVICES MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFEGUARD SERVICE FOR THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. MARCHETTI MOVED FOR ADOPTION. MR.'KIDD SECONDED MOTION. IT WAS POINTED OUT, BY CITY ,MANAGER, LEO NICHOLAS, THAT THE CITY'S CITY COUNCIL RE=m MEETING MARCH 17, 1987 PAGE 2 OF 6 COST FOR THE LIFEGUARD SERVICES WAS $5,151.00, WHICH WAS MORE THAN LAST YEAR. FOR THE ADDITIONAL COST THE CITY WOULD RECEIVE AN ADDITIONAL LIFEGUARD IN ADDITION TO ALL OF THE LIFEGUARDS WORKING MORE DAYS. VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION N0. 87-16 WAS ADOPTED. ITEM I. RESOLUTION N0. 87-17 SETTING PUBLIC HEARING DATE ROADRE.UESRIGHTTOPOWAYCLOCATEDEAST EAST OFLJF t CAPE SHORESD 50' CONDOMINUM. PETITIONER IS MICHAEL M• M. WALLIS FOR ' SUPRA COLOR ENTERPRISES, INC. MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING FOR THE VACATION OF THE EAST ONE-HALF OF THE 80' AND 50' ROAD RIGHT-OF-WAY LOCATED EAST OF CAPE SHORES CONDOMINIUM? AUTHORIZING CITY CLERK TO ADVERTISE SUCH PUBLIC HEARING) PROVIDING AN EFFECTIVE DATE. FiR. MARCHETTI MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. IT WAS POINTED OUT THAT THE PLANNING AND ZONING BOARD HAD RECOMMENDED DISAPPROVAL OF THIS VACATION REQUEST BUT IT WAS INCUMBENT UPON THE CITY COUNCIL TO SCHEDULE A PUBLIC HEARING ON SAID REQUEST. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS. N ITEM 5• AUTHORITYNDISALLOWICOAL STORAGE ATT -PORT ORT RT MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION OBJECTING TO THE CANAVERAL PORT ALLOWINGAUTHORITY COAL STORAGE T PORT CANAVERAL;PROVIDINGAN EFFECTIVE DATE. MR. MARCHETTI MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. DISCUSSION FOLLOWED. MR. MARCHETTI EXPLAINED THAT HE FELT THE PROPOSED ACTIVITY WARRENTED OFFICIAL ACTION BY THE CITY TO RELAY THE CITY'S CONCERNS TO THE CANAVERAL PORT AUTHORITY. MAYOR LEE ' OBJECTED TO THE STRONG WORDING OF THE RESOLUTION. DISCUSSION FOLLOWED. MR. MARCHETTI MOVED TO AMEND THE RESOLUTION BY DELETING THE THIRD AND FOURTH WHEREAS'; CHANGING THE WORDING IN THE SECOND WHEREAS► AND REWORDING SECTION 1. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION TO AMEND WAS UNANIMOUS - CITY COUNCIL REGULAR MEETING tArcH 17, 1987 PAGE 3 OF 6 VOTE ON THE MAIN MOTION WAS UNANIMOUS. RESOLUTION NO. 87-18, AS AMENDED, WAS ADOPTED. R TO ITEM 6. RESOLUTION NO. 87-19 ELECTING COUNCIL MEMBE VACANT SEAT MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS: OR PERSONLTOION SERVEECTING A UNTIL THEUNEXTSCIL GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE. MAYOR LEE EXPLAINED THAT THE CITY COUNCIL HAD .RECEIVED LETTERS FROM TWO CITIZENS INDICATING A DESIRE TO BE APPOINTED TO FILL THE COUNCIL SEAT VACATED BY THE APPOINTMENT OF MR. NICHOLAS AS CITY MANAGER. THE TWO PEOPLE WHO HAD SUBMITTED THEIR NAMES FOR CONSIDERATION WERE ROCKY RANDELS, VICE-CHAIRMAN OF THE PLANNING AND ZONING BOARD, AND FORMER MAYOR JOHN MURPHY. MR. RANDELS AND MR. MURPHY ADDRESSED THE COUNCIL AND EACH GAVE A BRIEF SYNOPSIS OF THEIR BACKGROUND AND WHY THEY DESIRED TO BE APPOINTED TO THE SEAT. DISCUSSION FOLLOWED. AT THIS TIME, MR. RANDELS ELECTED TO WITHDRAW HIS NAME AND SUPPORT MR. MURPHY. MR. HOOG MOVED TO INSERT THE NAME OF JOHN MURPHY IN SECTION ONE OF THE RESOLUTION. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. MR. HOGG MOVED TO ADOPT RESOLUTION NO. 87-19. MR. KIDD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. OATH OP OFFICE FOR NEW COUNCIL MEMBER ATTORNEY THERIAC ADMINISTERED THE OATH OF OFFICE TO MR. MURPHY. MR. MURPHY THEN ASSUMED HIS SEAT. ITEM 8. MOTION AE: AUTHORIZING PURCHASE OF CLORINE CYLINDER REPAIR KITS CITY MANAGER NICHOLAS EXPLAINED THAT THE COUNCIL HAD ' PREVIOUSLY AUTHORIZED GOING OUT FOR BID ON THE CLORINE CYLINDER REPAIR KITS. HOWEVER, THE PRICE QUOTES. RECEIVED WERE UNDER $2,000 AND THEREFORE THE BID PROCESS WAS NOT NECESSARY. HE RECOMMENDED. PURCHASING THE REPAIR KITS FROM INDIAN SPRINGS MANUFACTURING COMPANY AT THE QUOTED PRICES OF $945.00 FOR KIT "A" AND $960.00 FOR KIT "B".,. - CITY CD=m RQZHAR MEETING MARCH 17, 1987 PAGE 4 OF 6 MR. HOOG MOVED TO PURCHASE THE KITS IN ACCORDANCE WITH THE CITY MANAGER'S RECOMMENDATION. MR. MARCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 9.MOTION RE: CANCELLING LOT CLEARING CONTRACT AND AUTHORIZING PERMISSION TO READVERTISE MR. NICHOLAS POINTED OUT THAT THE CITY HAD CONTRACTED WITH TITUSVILLE MOWING AND LANDSCAPING FOR THE PAST THREE YEARS AND HE RECOMMENDED THE CITY REBID THE CONTRACT. HE NOTED THAT TITUSVILLE MOWING AND LANDSCAPING WOULD BE WELCOME TO REBID. DISCUSSION FOLLOWED. MR. NICHOLAS WAS DIRECTED TO INFORM TITUSVILLE MOWING AND LANDSCAPING THAT THE REBIDDING OF THE CONTRACT WAS NOT A DISCREDIT ON THEIR SERVICE IN THE PAST. MR. HOOG SO MOVED. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 10. MOTION REs AUTHORIZING CITY MANAGER TO REQUEST GRANT FUNDS FROM STATE OF FLORIDA FOR ADDITIONAL DUNE CROSSOVERS MR. NICHOLAS EXPLAINED THAT BRILEY, WILD AND ASSOCIATES WOULD PREPARE THE PAPERWORK NECESSARY IN ORDER FOR THE CITY TO APPLY FOR GRANT FUNDS. THEIR CHARGE FOR THIS SERVICE WOULD BE $1,600. .DISCUSSION FOLLOWED. MR. KIDD SO MOVED.. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 11. MOTION REs AUTHORIZING ENGINEERING STUDY FOR DRAINAGE ON COLUMBIA DRIVE MR. NICHOLAS EXPLAINED THAT BRILEY, WILD AND ASSOCIATES WOULD REQUIRE A ONE WEEK ON—SITE STUDY TO ACQUIRE AFIRM PRICE FOR PREPARATION OF THE DRAINAGE SPECIFICATIONS FOR COLUMBIA DRIVE. THE COST FOR THE ONE WEEK STUDY WOULD NOT EXCEED $2,000.00. DISCUSSION POLLOWED. MR. NICHOLAS WAS REQUESTED TO CONTACT SOME LOCAL ENGINEERING FIRMS FOR PRICE ESTIMATES FOR THIS STUDY. ITEM 12. DISCUSSION REs PAID PERSONNEL FOR FIRE DEPARTMENT IT WAS POINTED OUT THAT THERE WAS CONCERN ON THE PART OF THE VOLUNTEER FIREFIGHTERS THAT THEY COULD NOT RETAIN THE STATE CERTIFICATION UNLESS THEY WERE EMPLOYED BY A MUNICIPALITY. CITY ATTORNEY THERIAC NOTED HE HAD RESEARCHED THE ISSUE AND COULD FIND NOTHING TO SUPPORT THIS CONCERN. CITY COUNCIL REGULAR MEETING MARCH 17, 1987 PAGE 5 OF 6 DISCUSSION FOLLOWED ON THE POSSIBILITY OF THE CITY HIRING TWO FULL—TIME EMT/FIREFIGHTERS, AND THE JOB DESCRIPTION AND SALARY RANGE OF SAME. MR. THERIAC POINTED OUT THAT THE CITY MAY HAVE TO GO THROUGH A REFERENDUM VOTE IF THEY WISH TO HIRE SAID EMPLOYEES. THIS ITEM WILL BE DISCUSSED FURTHER AT THE NEXT WORKSHOP MEETING. DISCUSSION MR. NICHOLAS BROUGHT UP A CONCERN HE HAD OVER THE. CITY EMPLOYEES PARKING PERSONAL PROPERTY, I.E. BOATS, CARS AND MOTOR HOMES, ON CITY PROPERTY AT THE PUBLIC WORKS COMPLEX. HE NOTED HE HAD DIRECTED THE EMPLOYEES TO REMOVE THE PROPERTY. SOME AFFECTED EMPLOYEES WERE IN ATTENDANCE AND ADDRESSED COUNCIL ON THE ISSUE. MR. THERIAC NOTED THE CITY COULD HAVE A PROBLEM WITH THE LIABILITY IF THE EQUIPMENT REMAINS ON CITY PROPERTY. THIS ITEM WILL BE DISCUSSED FURTHER AT THE NEXT WORKSHOP MEETING. DISCUSSION WAS ALSO HELD ON ASKING THE CAPE CANAVERAL HOSPITAL BOARD TO CONSIDER APPOINTING CITY RESIDENTS TO THEIR BOARD; INSTALLING "JUST SAY NO TO DRUGS" SIGNS AT THE LITTLE LEAGUE PARK; SEWER. LINE EASEMENT PROBLEM) AND A SPIN OPP SUIT FILED AS A RESULT OF THE SCANDANAVIAN SEA FIRE. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9s15 P.M. APPROVED THIS 7th DAY OF April , 1987. MAYOR CITY COUNCIL REGULAR MEE I NG lICH 17, 1987 PAGE 6 OF 6