HomeMy WebLinkAboutMinutes 08-18-1987CITY COUNCIL
REGULAR MEETING
AUGUST 18, 1987
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON AUGUST 18,. 1987, AT THE CITY HALL
ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS
CALLED TO ORDER AT 7t30 P.M. BY MAYOR PRO TEM ROBERT HOOG.
INVOCATION WAS LED BY MR. MURPHY WHICH WAS FOLLOWED BY THE PLEDGE
OF ALLEGIANCE.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR PRO TEM ROBERT HOOG, COUNCIL MEMBERS JEFF KIDD AND
JOHN MURPHY. ALSO PRESENT WERE CITY MANAGER LEO NICHOLAS, DEPUTY
CITY ATTORNEY KOHN BENNETT AND CITY CLERK, JAN LESSER. MAYOR LEE
AND MR. MARCHETTI WERE OUT-OF-TOWN.
MR. KIDD MOVED TO FOREGO THE READING OF THE MINUTES OF THE
REGULAR MEETING OF AUGUST 4, 1987. MR. MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 1. ORDINANCE NO. 23-87 ESTABLISHING REFERENDUM
QUESTION REGARDING AD VALOREM TAX FOR PUBLIC SAFETY
(POLICE AND FIRE PROTECTION) (FIRST READING AND
PUBLIC HEARING)
MR. HOOG READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, A REFERENDUM QUESTION REGARDING THE
IMPOSITION OF A SPECIAL AD VALOREM TAX FOR
PUBLIC SAFETY SERVICES, FACILITIES AND
PERSONNEL; ESTABLISHING THE DATE FOR THE
PROPOSED REFERENDUM QUESTION; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. HOOG EXPLAINED THAT THE MONIES GENERATED FROM THIS
PROPOSED TAX WOULD BE USED FOR POLICE, FIRE AND EMERGENCY MEDICAL
SERVICES. .CITY MANAGER, MR. NICHOLAS NOTED THAT THE INCREASE IN
PERSONNEL IN THE SHERIFF'S DEPARTMENT AND THE VOLUNTEER FIRE
DEPARTMENT, AND .THE RESULTING REQUIREMENT TO FUND SALARIES AND
BENEFITS, WAS CAUSING A FINANCIAL DRAIN ON THE GENERAL FUND
BUDGET OF THE CITY.
DISCUSSION WAS HELD ON THE AMOUNT OF MILLAGE TO INSERT IN
THE REFERENDUM QUESTION. MR. NICHOLAS NOTED ONE MILL WOULD
GENERATE APPROXIMATELY $269,000.
CITY OOUNCIL FOGUL-kR MEEPING
AUGUST 18, 1987
PAGE 1 OF 5
MR. KIDD MOVED TO APPROVE FIRST READING OF ORDINANCE NO.
23-87 WITH AN AMOUNT OF UP TO ONE MILL ENTERED IN THE REFERENDUM
QUESTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 24-87 AMENDING CHAPTER 265, CODE
ENFORCEMENT BOARD, TO INCORPORATE NEW STATE
REGULATIONS (FIRST READING AND PUBLIC HEARING)
MR. HOOG READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 265, CODE
ENFORCEMENT BOARD, OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, BY REPEALING THE CHAPTER IN
ITS ENTIRETY AND REPLACING WITH A NEW
CHAPTER; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MR. KIDD MOVED TO APPROVE FIRST READING. MR. MURPHY
SECONDED MOTION. IT WAS EXPLAINED THAT THE PROPOSED ORDINANCE
WOULD ADOPT NEW NOTICE REQUIREMENTS ESTABLISHED BY THE STATE.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 24-87 WAS
APPROVED ON FIRST. READING.
ITEM 3. ORDINANCE NO. 25-87 ELIMINATING COMPENSATION FOR
THE MAYOR AND COUNCIL MEMBERS (FIRST READING AND
PUBLIC HEARING)
MR. HOOG READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ELIMINATING COMPENSATION FOR THE
MAYOR AND COUNCIL MEMBERS OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR. KIDD MOVED TO APPROVE FIRST READING. MR. MURPHY
SECONDED MOTION. MR. HOOG POINTED OUT THAT THE COUNCIL MEMBERS
HAD DECIDED TO FORGO THEIR COMPENSATION BECAUSE OF BUDGET
CONSTRAINTS. MR. NICHOLAS NOTED THAT IN THE FUTURE, THEY COULD
REINSTATE THE COMPENSATION UP TO THE CURRENT AMOUNT, BY ADOPTION
OF ANOTHER ORDINANCE.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 25-87 WAS
APPROVED FIRST READING.
ITEM 4. RESOLUTION NO. 87-38 AGREEMENT WITH BREVARD COUNTY
REGARDING MUNICIPAL ELECTION
MR. HOOG READ THE TITLE OF THE RESOLUTIONAS FOLLOWS:
CITY COUNCIL, REGULAR M EErING
AUQ]SP 18, 1987
PAGE 2 OF 5
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY CLERK TO ENTER INTO AN AGREEMENT WITH
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS
TO CONDUCT THE MUNICIPAL ELECTION FOR THE
CITY OF CAPE CANAVERAL; PROVIDING AN
EFFECTIVE DATE.
MR. KIDD MOVED FOR ADOPTION. MR. MOOG SECONDED MOTION.
CITY CLERK, JAN LEESER, EXPLAINED THAT THE COUNTY WOULD OFFER
ADDITIONAL SUPPORT THIS YEAR BY HANDLING THE ABSENTEE BALLOTS AND
PROVIDING FORMS AND SUPPLIES. VOTE ON THE MOTION WAS UNANIMOUS.
RESOLUTION NO. 87-38 WAS ADOPTED.
ITEM S. RESOLUTION NO. 87-39 RESCHEDULING REGULAR CITY
COUNCIL MEETING OF NOVEMBER 3RD TO NOVEMBER 5TH
MR. MOOG READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION RESCHEDULING THE REGULAR CITY
COUNCIL MEETING OF NOVEMBER 3, 1987 TO
NOVEMBER 5, 1987; PROVIDING AN EFFECTIVE
DATE.
MR. KIDD MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION.
IT WAS POINTED OUT THAT NOVEMBER 3RD WAS ELECTION DAY AND THE
COUNCIL WOULD HAVE TO MEET ON NOVEMBER STH TO CERTIFY THE RESULTS
OF THE ELECTION.
MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 87-39 WAS
ADOPTED.
ITEM 6. RESOLUTION NO. 87-40 APPOINTMENT OF LIBRARY BOARD
MEMBER
MR. HOOG READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING AN ALTERNATE MEMBER
TO THE LIBRARY BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
MR. MURPHY MOVED TO ADOPT RESOLUTION NO. 87-40 WITH THE NAME
OF PATRICIA STENGLEIN BEING INSERTED IN SECTION 1. MR. KIDD
SECONDED MOTION. MR. NICHOLAS POINTED OUT THAT THE LIBRARY BOARD
HAD RECOMMENDED MRS. STENGLEIN'S APPOINTMENT.
VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 7. RESOLUTION NO. 87-41 AMENDING FEE SCHEDULE FOR
CHAPTER547 BUILDING PERMIT AND DEVELOPMENT FEES
MR. HOOG READ THE TITLE OF THE RESOLUTION. AS FOLLOWS:
A RESOLUTION INCREASING THE MINIMUM BUILDING
PERMIT FEES FOR THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
CITY COUNCIL Pmam R MEETING
AUGUST 18, 1987
PAGE 3 OF 5
MR. MURPHY MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY. MR. HOOG NOTED THAT ADOPTION OF THIS
FEE SCHEDULE WOULD BRING THE CITY IN LINE WITH OTHER
MUNICIPALITIES IN BREVARD COUNTY.
ITEM B. RESOLUTION NO 87-42 PLATAPPROVAL, GIZELLA
TOWNHOMES 4-UNITS LOT C-6, TUETON'S SUBDIVISION
(LOCATED AT 8644-8678 N. ATLANTIC AVENUE) - JOHN
MURPHY
MR. HOOG READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPROVING THE PLAT OF "GIZELLA
TOWNHOMES"; AUTHORIZING THE MAYOR AND THE
CITY CLERK TO CERTIFY THE PLATT PROVIDING AN
EFFECTIVE DATE.
MR. MURPHY DECLARED THAT HE WOULD HAVE TO FILE A MEMORANDUM
OF VOTING CONFLICT ON THIS ISSUE SINCE HE WAS THE DEVELOPER. MR.
KIDD NOTED THAT HE ALSO. PLANNED TO DECLARE A CONFLICT.
MR. KIDD MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 9. RESOLUTION NO 87-43 PLAT APPROVAL, BUCHANAN
TOWNHOMES 2-UNITS LOT 7 BLOCK 65, AVON-BY-
THE-SEA (LOCATED AT 113-115 BUCHANAN AVE) - JOHN G.
PIERCE
MR. HOOG READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPROVING THE PLAT OF "BUCHANAN
TOWNHOMES"J AUTHORIZING THE MAYOR AND THE
CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN
EFFECTIVE DATE.
MR. MURPHY MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 10. MOTION RE: AWARD OF BID NO. 87-9. AIACONDITIONER
FOR CITY HALL ANNEX
MR. MURPHY MOVED TO AWARD THE BID TO DESIGN AIR. MR. HOOG
DECLARED THAT HE WOULD HAVE TO FILE A MEMORANDUM OF VOTING
CONFLICT BECAUSE OF ANOTHER BUSINESS PARTNERSHIP WITH MR.
LEMERISE, OWNER OF DESIGN AIR.
MR. MARTIN OF TONY MARTIN AIR CONDITIONING WAS IN ATTENDANCE
AND ADDRESSED MEMBERS OF THE COUNCIL REGARDING HIS BID.
DISCUSSION FOLLOWED.
MR. KIDD MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 11... MOTION RE: REQUEST FOR REFUND OF SEWER IMPACT FEES,_
DR. PAUL R:19
. JAHN
CITY COUNCIL REGULAR MEETING
AUGUST 18, 1987
PAGE 4 OF 5
MR. KIDD MOVED TO REFUND THE IMPACT FEES TO DR. JAHN IN THE
AMOUNT OF $1,534. MR. MURPHY SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 12. MOTION RE: NOMINATIONS FOR BEACH EROSION CONTROL
ADVISORY COMMITTEE
MR. KIDD MOVED TO NOMINATE CITY MANAGER, LEO NICHOLAS, AS
FIRST CHOICE, AND MAYOR PATRICK LEE AS SECOND CHOICE. MR.
HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
I ITEM 13. MOTION RE: AUTHORIZING BEAUTIFICATION FUNDS FOR
CONSTITUTION BICENTENNIAL CELEBRATION
MR. MURPHY MOVED TO AUTHORIZE $800.00 TO BE EXPENDED FROM
THE BEAUFICIATION FUNDS FOR TREES WHICH WOULD BE RESOLD TO THE
PUBLIC AT COST. MR. HOOG SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 14. MOTION RE: WAIVING RECREATION FEES FOR SEPTEMBER
19TH FOR CONSTITUTION BICENTENNIAL CELEBRATION
MR. KIDD SO MOVED. MR. MURPHY SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
.ITEM 15. MOTION RE: AUTHORIZING FUNDS TO IMPLEMENT A BICYCLE
REGISTRATION PROGRAM
MR. KIDD MOVED TO AUTHORIZE $300.00 FUND FROM THE
CONTINGENCY FUND TO BE USED FOR A BICYCLE REGISTRATION PROGRAM.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
DISCUSSION
MS. MARILYN RIGERMAN NOTED THAT THE VFW LADIES AUXILIARY
WOULD PURCHASE 500 CONSTITUTION HANDBOOKS TO BE DISTRIBUTED
DURING THE VARIOUS ACTIVITIES THE CITY WAS PLANNING IN HONOR OF
THE CONSTITUTION BICENTENNIAL.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
' AT 8:20 P.M.
APPROVED THIS let DAY OF SePt-ber , 1987.
MAYOR
ATTEST:
TY CLERK
CITY COUNCIL REGULAR MEETING
AUGIST 18, 1987
PAGE 5 OF 5