HomeMy WebLinkAboutMinutes 06-16-1987CITY COUNCIL
REGULAR MEETING
JUNE 16, 1987.
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
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CANAVERAL, FLORIDA, WAS HELD ON JUNE 16, 1987, AT @IT"
pG&K�A+/r, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO
ORDER AT 7:30 P.M. BY MAYOR. PRO TEM ROBERT MOOG. 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 PRO TEM ROBERT MOOG, COUNCIL MEMBERS JEFF KIDD, MIKE
MARCHETTI AND JOHN MURPHY.. ALSO PRESENT WERE CITY MANAGER LEO
NICHOLAS, CITY ATTORNEY JIM THERIAC AND CITY CLERK JAN LEESER.
MAYOR LEE WAS OUT-OF-TOWN.
MR. KIDD MOVED TO FOREGO THE READING OF THE MINUTES OF THE
REGULAR MEETING OF JUNE 2, 1987. MR. MURPHY SECONDED MOTION.
VOTE ON THE MOTION WAS UNANIMOUS..
AT THE REQUEST OF CITY ATTORNEY THERIAC, THE COUNCIL ELECTED
TO DISCUSS THE SETTLEMENT WITH FORMER BUILDING. OFFICIAL, ARTIS
GUNN, AT THIS TIME.
MR. THERIAC EXPLAINED THAT THIS ITEM HAD BEEN POSTPONED BY
THE CITY COUNCIL AWAITING A RULING FROM THE INSURANCE COMPANY.
HR FURTHER NOTED THAT INSURANCE COMPANY HAD NOT BEEN COOPERATING
AND IT WOULD BE AT LEAST A MONTH TO SIX WEEKS. BEFORE THEY HAVE
MADE A DETERMINATION IN THE CASE. HE ADVISED THE COUNCIL THAT IT
WOULD BE IN THE BEST INTEREST OF THE CITY TO SETTLE FOR THE
PREVIOUSLY AGREED AMOUNT OF $7,500.00.
MR. CLIFTON ASKED THE COUNCIL TO CONSIDER COMPENSATING MR.
GUNN FOR THE TWO WEEKS OF WORK WHICH HE HAD MISSED AWAITING THE
INSURANCE COMPANY'S DETERMINATION. MR. THERIAC NOTED THERE
SEEMED TO HAVE BEEN A MISUNDERSTANDING REGARDING MR. GUNN'S
STATUS AS FAR AS RECEIVING A SALARY DURING THIS TWO WEEK PERIOD.
MR. KIDD AND MR. HOOG. VOICED OBJECTION TO ANY .FURTHER
COMPENSATION BEING PAID TO MR. GUNN. DISCUSSION FOLLOWED.
MR. MARCHETTI MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA.
MR. KIDD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL F03LAR MEETING
JUNE 16, 1987
PAGE 1 OF 5
ADD-ON ITEM: MOTION RE: SETTLEMENT WITH ARTIS GUNN
MR. MARCHETTI MOVED TO ACCEPT THE NEGOTIATED SETTLEMENT AS
DETERMINED BY MR. THERIAC AND MR. CLIFTON; GIVING MR. GUNN 24
HOURS TO ACCEPT THE SETTLEMENT. MR.. KIDD SECONDED MOTION. VOTE
ON THE MOTION WAS AS FOLLOWS: IN. FAVOR, MR. KIDD AND MR.
MARCHETTI) OPPOSED, MR. HOOD. MR. MURPHY. ABSTAINED DUE TO A
POSSIBLE CONFLICT OF INTEREST.. MOTION FAILED.
DISCUSSION FOLLOWED. MR. MARCHETTI MOVED TO RECONSIDER THE
MOTION. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS
UNANIMOUS.
MR. MARCHETTI MOVED TO ACCEPT THE SETTLEMENT OF $7,500.00 AS
NEGIOATED BY MR. THERIAC AND MR. CLIFTON) ALLOWING MR.GUNN 24
HOURS TO ACCEPT THE SETTLEMENT] AND, IF MR. GUNN DID NOT ACCEPT
THE SETTLEMENT, TO HOLD A SPECIAL MEETING FOR HIS HEARING PRIOR
TO THE END OF THE MONTH. MR. KIDD. SECONDED MOTION. VOTE ON THE
MOTION WAS UNANIMOUS, WITH MR. MURPHY ABSTAINING.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 17-87 AMENDING CHAPTER 535, BY
ESTABLISHING ADDITIONAL CRITERIA FOR CALCULATING
THE MODIFYING SEWER IMPACT FEES AND ALLOWING FOR
FINANCING OF FEES (SECOND READING AND PUBLIC
HEARING)
MR. HOOG READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 535, SEWER
IMPACT ASSESSMENT, OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, BY ESTABLISHING ADDITIONAL
CRITERIA FOR CALCULATING AND MODIFYING IMPACT
FEES; ALLOWING FOR FINANCING OF IMPACT FEES;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH} PROVIDING AN EFFECTIVE
DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR. MURPHY SECONDED
' MOTION.
MR. MARCHETTI MOVED TO AMEND THE ORDINANCE ACCORDING TO THE
ATTACHMENT TO THESE MINUTES, WHICH IS MADE A PART HEREOF BY
REFERENCE. MR. MURPHY SECONDED MOTION. VOTE ON THE AMENDMENT
WAS UNANIMOUS. VOTE ON THE MAIN MOTION WAS UNANIMOUS. ORDINANCE
NO. 17-87, AS AMENDED, WAS ADOPTED.
CITY COUNCIL 103U AR MEETING
JUNE 16, 1987
PAGE 2 OF 5
NEW BUSINESS
ITEM 1. RESOLUTION NO 07-35 REQUESTING SUPERVISOR OF
ELECTIONS IMPLEMENT AN IF
SYSTEM OF
TABULATING VOTES
MR. HOOG READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION REQUESTING THE BREVARD COUNTY
SUPERVISOR OF ELECTIONS TO IMPLEMENT AN IM—
PROVED SYSTEM FOR THE COUNTING AND TABULATION
OF VOTES IN ELECTIONS IN BREVARD COUNTY SO
ELECTION RETURNS WILL BE AVAILABLE TO THE
PUBLIC MORE QUICKLY; PROVIDING AN EFFECTIVE
DATE.
MR. MURPHY MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION.
VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 2. MOTION REt MODIFYING AGREEMENT WITH JOHN TESTON FOR
SECURITY TRAILER AT WASTEWATER TREATMENT PLANT
MR. MARCHETTI MOVED TO AMEND THE CONTRACT WITH MR. TESTON TO
PAY HIS ELECTRIC BILL, NOT TO EXCEED $100 PER MONTH. MR. MURPHY
SECONDED MOTION. MR. TESTON ASKED COUNCIL TO CONSIDER PAYING
$150.00 PER MONTH.. COUNCIL SUGGESTED MR. TESTON ATTEMPT TO STAY
WITHIN THE $100 LIMIT.
VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 3. MOTION REt REQUEST FOR VENDOR'S LICENSE, MO'S HOT
DOGS, MAUREEN GEAGAN
MR. MURPHY MOVED TO ENTER INTO AN EXCLUSIVE LICENSE
AGREEMENT WITH MO'S HOT DOGS TO SELL Nr THE BALLPARK ON SUNDAYS
ONLY. MR. MARCHETTI SECONDED MOTION. IT WAS POINTED OUT THAT
THE LICENSE WOULD BE VALID ONLY THROUGH THE REMAINDER OF THE
CURRENT FISCAL YEAR. VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 4. MOTION REt AUTHORIZING BRILEY, WILD AND ASSOCIATES_
TO C-01JCT DRAINAGE STUDY ON COLUMBIA DRIVE
MR. MURPHY MOVED TO. AUTHORIZE THE DRAINAGE STUDY, WITH AN
AMOUNT NOT TO EXCEED $4,000.00. MR. KIDD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 5. MOTION RE: AUTHORIZATION TO ADVERTISE FOR BIDS FOR
RESURFACING BICYCLE PATHS
MR. MARCHETTI SO MOVED. MR. KIDD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 6. MOTION REt AUTHORIZATION TO ADVERTISE FOR BIDS FOR
RESURFACING CITY LL
HAPARKING LUT
MR. MARCHETTI SO MOVED. MR. KIDD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
CITY COUNCIL REGULAR b=lh'G
JUNE 16, 1987
PAGE 3 OF 5
ITEM 7. MOTION RE: AWARD OF BID N0. 87-4 LOT CLEARING
MR. KIDD MOVED TO AWARD THE BID TO TITUSVILLE MOWING AND
LANDSCAPING. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 8. MOTION RE: APPLYING FOR SPECIAL EXCEPTION FOR
CONSTRUCTION OF NEW LIBRARY
MR. NICHOLAS POINTED OUT THAT THE CITY ZONING REGULATIONS
REQUIRED A SPECIAL EXCEPTION TO CONSTRUCT A PUBLIC LIBRARY IN AN
R-2 ZONE. MR. MURPHY MOVED TO APPLY FOR THE SPECIAL EXCEPTION
AND TO WAIVE THE $100.00 FILING FEE. MR. KIDD SECONDED MOTION.
MOTION CARRIED UNANIMOUS.
ITEM 9. DISCUSSION RE: SIZE OF PROPOSED LIBRARY BUILDING
MR. MURPHY MOVED TO DIRECT THE ARCHITECT TO ADD ONE MORE 12
FOOT SECTION ON THE SOUTH SIDE ON THE PROPOSED BUILDING AND TO
INSTALL A TIE BEAM ON THE SOUTH END OF THE BUILDING IN THE EVENT
IT IS NEEDED FOR FUTURE EXPANSION. MR. MARCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
MR. NICHOLAS ASKED COUNCIL TO CONSIDER AN ADD-ON ITEM
REGARDING THE AWARD OF BID NO. 87-5, PICK-UP TRUCK FOR
LANDSCAPE/GARDENER. MR. MURPHY MOVED TO ADD THE FOLLOWING ITEM
TO THE AGENDA. MR. KIDD SECONDED .MOTION. MOTION CARRIED
UNANIMOUSLY.
ADD-ON ITEM: MOTION RE. AWARD OF BID NO. 87-5 PICK-UP TRUCK
MR. MURPHY MOVED TO REJECT ALL BIDS. MR. KIDD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
DISCUSSION
COUNTY COMMISSIONER FOR DISTRICT II, ROGER DOBSON, WAS IN
ATTENDANCE AND ADDRESSED COUNCIL REGARDING OPEN CONTAINER
' REGULATIONS FOR ALCOHOLIC BEVERAGES. DISCUSSION FOLLOWED. MR.
MURPHY REQUESTED THIS ITEM BE PLACED ON .THE NEXT AGENDA.
DISCUSSION WAS HELD ON THE PROBLEMS AT CHERI DOWN PARK AND
THE COUNTY COMMISSIONER'S PLANS REGARDING REALIGNING THE TOLLS ON
THE BENNETT CAUSEWAY.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 9:10 P.M.
CITY COUNCIL REGULAR MEETING
JUNE 16, 1987
PAGE 4 OF 5
crrr COUNOM PEMW MMING
JUIN 16, 1987
PAGE 5 OF 5
FORM 86 MEMORANDUM OF VOTING CONFLICT POR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
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WHO MUST FILE FORM 8B
This form is for use by any person serving at the munty, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee II 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 knbN'ingly 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 soling; and
WITHIN IS 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 as the meeting prior to consideration of the matter in which you have a conflict of interest.
v
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION 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 voteaccurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
7— DISCLOSURE OF LOCAL OFFICER'S INTEREST
M, hereby disclose that on �1 ' �� , 191):
(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 stature of my interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 4112.317 (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.
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