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HomeMy WebLinkAboutMinutes 07-21-1987 Workshop and RegularCITY COUNCIL COMBINED WORKSHOP & REGULAR MEETING JULY 21, 1987 A COMBINED WORKSHOP AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON JULY 21, 1987, AT THE RECREATION CENTER, 7300 N. ATLANTIC 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 ROBERT HOOG, 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. MR. MURPHY MOVED TO FOREGO THE READING OF THE MINUTES OF THE REGULAR MEETING OF JULY 7, 1987. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. PERSONNEL APPEARANCES ITEM 1. [ON MOTION RE: REQUEST FOR FUNDS: BREVARD SENIOR NUTRITION PROGRAMS (SNAP AND MEALS ON WHEELS) - CHARLES HINTON MR. CHARLES HINTON, PROTECT DIRECTOR EXPLAINED THAT THERE ARE TWO PROGRAMS, MEALS -ON -WHEELS. AND SENIOR NUTRITIONAL AID PROGRAM (SNAP). MR. HINTON REQUESTED MATCHING FUNDS FROM THE CITY IN THE AMOUNT OF $2,329.00 FOR THE SNAP PROGRAM. MAYOR LEE DECLARED A CONFLICT ON THE ISSUE BECAUSE HIS FIRM HAS THE CONTRACT TO DELIVER SOME OF THESE GOODS. CITY MANAGER, MR. NICHOLAS RECOMMENDED THIS ITEM BE ADDRESSED AT THE BUDGET HEARINGS. MR. HOOG MOVED TO TABLE THIS ITEM UNTIL THE BUDGET HEARINGS. MR. KIDD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY WITH MAYOR LEE ABSTAINING. ITEM 2. PRESENTATION OF DRAWINGS OF NEW LIBRARY - JEROME JEFFERS MR. JEROME JEFFERS PRESENTED THE REVISED DRAWINGS FOR THE PROPOSED CAPE CANAVERAL LIBRARY, WHICH INCLUDED AN ADDITIONAL TEN FOOT AREA IN THE ADULT SECTION AND A LARGER STORAGE AREA. MR. JEFFERS EXPLAINED THAT BY ADDING THE TEN FEET,. THE VOLUME CITY COUNCIL O -IN D PARKSNOP AND REGULAR MEETING JULY 21, 1987 PAGE 1 OF 5 CAPACITY HAD BEEN INCREASED TO NEARLY 50,000. AFTER MEMBERS OF THE COUNCIL AND THE AUDIENCE REVIEWED THE PLANS, THE COUNCIL INSTRUCTED MR. JEFFERS TO PROCEED WITH THE CONSTRUCTION DRAWINGS. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 19-87 AMENDING CHAPTER 721, OCCUPATIONAL LICENSES (SECOND READING AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 721, I " OCCUPATIONAL LICENSES", OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REPEALING THE CHAPTER IN ITS ENTIRETY). .ADOPTING A NEW CHAPTER; ESTABLISHING A NEW FEE SCHEDULE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. HOOG MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 2. ORDINANCE N0. 20-87 AMENDING ZONING REGULATIONS SEC. 641.01 REGARDING RETAIL SALES OF BEER AND WINE FOR OFF -PREMISE CONSUMPTION (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. 641.01, "ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES"; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. KIDD MOVED FOR ADOPTION. MR. MARCHETTI. SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 3. ORDINANCE N0. 21-87 ESTABLISHING CHAPTER 737, ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS (SECOND READING AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ESTABLISHING CHAPTER 737, "ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MAKING IT UNLAWFUL TO DRINK FROM OR POSSESS AN OPEN CONTAINER CONTAINING ANY ALCOHOLIC BEVERAGE WHILE IN OR ON A VEHICLE ON ANY HIGHWAY; PROVIDING. DEFINITIONS) PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HERWITH; PROVIDING AN EFFECTIVE DATE.. MR. MURPHY MOVED FOR ADOPTION.. MR. KIDD SECONDED MOTION. DISCUSSION FOLLOWED ON THE WORDING OF THE ORDINANCE. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 21-87 WAS ADOPTED ON SECOND READING AS WRITTEN. CITY axmiL 02IDINED WORKSHOP AND R03EAR MEETING JULY 21, 1987 PACE 2 OF 5 NEW BUSINESS ITEM 1, ORDINANCE NO. 22-87 AMENDING CHAPTER 610 ABANDONED PROPERTY, AMENDING CHAPTER TITLE AND ESTABLISHING PROCEDURES FOR RECLAIMING PROPERTY (pIRST READING AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 610, "ABANDONED PROPERTY; SUPPLEMENTAL PROCEDURE FOR REMOVAL & DESTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE CHAPTER TITLE; ' ESTABLISHING PROCEDURES FOR RECLAIMING PROPERTY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. MARCHETTI MOVED TO APPROVE FIRST READING. MR. MURPHY SECONDED MOTION. MR. NICHOLAS EXPLAINED THAT THIS AMENDMENT WOULD ESTABLISH STORAGE FEES OF $10,00 PER DAY. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO, 22-87 WAS APPROVED ON FIRST READING, ITEM 2.. RESOLUTION NO. 87-37 PLAT APPROVAL WASHINGTON TOWNHOMES FOUR UNITS LOTS 5 AND 6 BLOCK 2 AVON—BY—THE—SEA (LOCATED AT 217-133 WASHINGTON AVENUE) — TOM QUINN Q & W CONSTRUCTION CO MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION APPROVING THE PLAT OF "WASHINGTON TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK. TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. MR. MURPHY MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. MR. KIDD DECLARD A CONFLICT BECAUSE HIS FIRM PLANS TO BID ON THE FLOOR COVERING CONTRACT FOR THE TOWNHOUSES, MOTION CARRIED UNANIMOUSLY, WITH MR. KIDD ABSTAINING. ITEM 3. DISCUSSION RE: AMENDING FEE SCHEDULE FOR CHAPTER 547, BUILDING AND DEVELOPMENT FEES MR. NICHOLAS RECOMMENDED RAISING THE MINIMUM BUILDING PERMIT FEE FROM $5.00 TO $20.00. THIS ITEM WILL BE DISCUSSED FURTHER AT THE NEXT WORKSHOP MEETING. ITEM 4. DISCUSSION/MOTION REs AWARD OF BID NO 87-8 AIR CONDITIONER HEAT PUMP FOR CITY HALL ANNEX MR. NICHOLAS EXPLAINED THAT THE CITY HAD RECEIVED ONLY ONE BID IN THE AMOUNT OF $7,988.00. HE RECOMMENDED THAT THE SPECIFICATIONS BE REDRAWN TO ELIMINATE THE ELECTRIC DAMPERS AND THE ITEM REBID. CITY COUNCM COMBINED WORKSHOP AND REGULAR MEETING JULY 21, 1987 PAGE 3 OF 5 DISCUSSION FOLLOWED. MR. MURPHY MOVED TO REJECT ALL BIDS, REWRITE THE SPECS AND REBID THE ITEM. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. DISCUSSION RE: PROPOSED AMENDMENTS TO SHERIFF'S CONTRACT MR. NICHOLAS EXPLAINED THAT THE COST OF THE PROPOSED SHERIFF'S DEPARTMENT CONTRACT FOR THE UPCOMING FISCAL YEAR WAS $549,000.00, COMPARED TO $530,000.00 FOR THE PRESENT YEAR. DISCUSSION FOLLOWED ON THE PROPOSED CONTRACT. MR. NICHOLAS WAS INSTRUCTED TO MEET WITH SHERIFF JAKE MILLER REGARDING THE CONTRACT. ITEM 6. DISCUSSION RE: BENNETT CAUSWAY TOLLS DISCUSSION WAS HELD ON THE COUNTY'S PROPOSAL FOR RELOCATING THE TOLL BOOTHS ON THE BENNETT CAUSWAY THEREBY ENABLING THE MERRITT ISLAND RESIDENTS TO TRAVEL CERTAIN SECTIONS OF THE ROAD WITHOUT PAYING ANY TOLLS, BUT RETAINING THE WEST -BOUND TOLL BOOTH AT THE PORT, WITH THE REVENUE COLLECTED TO BE USED FOR WIDENING STATE ROAD 3 TO THE SPACE CENTER. IT WAS THE CONSENSUS OF COUNCIL THAT THE CAPE CANAVERAL RESIDENTS WOULD NOT BE TREATED FAIRLY BY THIS PROPOSAL. FURTHER, THAT ALL TOLLS SHOULD BE ELIMINATED ON THE BENNETT, CAUSEWAY AND A TOLL BOOTH ESTABLISHED ON STATE ROAD 3 WITH THE TOLLS COLLECTED TO BE USED FOR WIDENING THAT ROAD. THE MAYOR OFFERED TO WRITE A LETTER TO THE COUNTY COMMISSIONERS STATING THE CITY'S OBJECTION TO THE PROPOSAL. A RESOLUTION OBJECTING TO THE PROPOSAL WILL BE PLACED ON THE AGENDA FOR THE NEXT REGULAR MEETING. ITEM 7. CITY MANAGER'S REPORT MR. NICHOLAS RECAPPED THE ITEMS THAT WERE IN HIS WRITTEN REPORT. IN RESPONSE TO A COMMENT IN THE REPORT, COUNCIL MEMBERS REITERATED THEIR POSITION THAT GARBAGE AND SEWER CHARGES MUST BE PAID ON ALL EMPTY UNITS. MR. NICHOLAS WILL ISSUE A POLICY STATEMENT TO THIS EFFECT. ' DISCUSSION MAYOR LEE ASKED COUNCIL MEMBERS TO DISCUSS THE PROPOSAL TO ALLOW DAILY RENTALS AT TREASURE ISLAND CLUB EVEN THOUGH THE ITEM WAS NOT ON THE AGENDA. DISCUSSION FOLLOWED ON THIS PROPOSAL. CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING JULY 21, 1987 PAGE 4 OF 5 MAYOR LEE FURTHER NOTED THAT THE ITEM WAS ON THE PLANNING AND ZONING BOARD'S NEXT AGENDA AND ASKED THE COUNCIL MEMBERS TO ATTEND THAT MEETING. MR. MARCHETTI ASKED THAT THE CONSTITUTION BICENTENNIAL CELEBRATION ACTIVITIES BE PLACED ON THE NEXT WORKSHOP AGENDA. THERE BEING NO FURTHER BUSINESS,. THE MEETING WAS ADJOURNED AT 9:33 P.M. APPROVED THIS 4th DAY OF 'August 1987. YOR ATTEST: ITY CLERK CITY cam= COMBINED WORKSHOP AND Rosu AR MEETING JULY 21, 1987 PAGE 5 OF 5 FORM 86 MEMORANDUM OF VOTING CONFLICT AOR' COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1A]I N,]1_IIx51 dAMI:_,xm,IL NAIL NAMy nY alNxl\[,NN[,1.<,N141],ION. AnIIIUxIIY. Ux t'OM\III ILL -4,,-e. / C! cv o C6>,x n.r ]uu ms:.unuls] - JIB �['� CCi[/. uu:m x11 ss,unol.ausmua..... Am (1xn v, ux Lawsnt-u.r. on x'111('11 I It x,L 11 A UNIT in: kIIiY InUN1Y (1111 Lk I-AL AUI:NtI L'll\ rInUN1\ NAMI/:/[I[I IYILIII<//'AI ]U1111I VI]IUN: UAII Iry 1\II \11111N't'UXx1U /' / % ` H (yA.'.k!�.: `/�y i U.[.Lc'C� I'll x11' IYI]I IUN I]: AI'1'nlNll\'L WHO MUST FILE FORM 88 This form Is for use by any person serving at the county, city, or other local Ina] 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 arc 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 requited by law, You am encouraged to use It in making the disclosure required by law. Your responsibilities under the law when faced with o 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 clecti\'e county, municipal, or other local public office MUST ABSTAIN from voting on a measure wllicll 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 are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for mording 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 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 the agency. • The form should be read publicly at the meeting prior to consideration of the mailer in which you have a connicl of interest. IF YOU MADE NO ATTEMPT TO INFLUENCE TH E• 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 minuses. DISCLOSURE OF STATE OFFICER'S INTEREST hereby disclose that on �s'� Z� , 19=L-: (a) A measure came or will come before my agency which (check one) W.Jnurcd 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: .r Ate» ,�4< NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 5112.317 (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 55,000. FORM 86 MEMORANDUM OF VOTING CONFLICT FOR' COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS r11 M1AMl-Ilxll wl-NInUI P.NMI� LUI IN IAMy tul�n.(uMxul\IS{. All In".. IsNU� lu ul IAIIIM1t� Auux L.,.Adn Mn h1,q 111('111 til xIL IIA IIM1II In: 3qy /f#1P13ote YL, _ �Clit -UNIY I1111La11%'AL-LKI M.1 -111I: Al—INIM WHO MUST FILE FORM SS This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. Is applies equally to members of advisory and nom -advisory bodies who arc presented with a votingconflict of Interest under Section 112.314), Florida Statutes. The requirements or this low 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 knowingly voting on a measure which inures to the special gain of a principal (other titan a government agency) by whom he is retained. In either casq you should disclose the conflict. PRIOR TO THE VOTE BEING TAKEN by publicly stating ro the assembly the nature or yvur Interest in the measure on which you arc abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and Kling Ibis form whh the person responsible for mording the minutes of the meeting, who should incorporate the form in lite 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 ATTEMPTTO 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 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 at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BYDISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. s 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 ICk I L l�� , hereby disclose that on Z , 19-2z: (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 or , by whom I am retained. (b) The measure before my agency and the nature of my Interest in the measure Is a� v- db4c 7A, 97 Date Filed Signature . NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (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 1500. PALL.'