HomeMy WebLinkAboutMinutes 10-20-1987CITY COUNCIL
REGULAR MEETING
OCTOBER 20, 1987
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON OCTOBER 20, 1987, AT THE CITY
HALL ANNEX, 111 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 ROBERT HOOG, COUNCIL MEM-
BERS JEFF KIDD, MIKE MARCHETTI AND JOHN MURPHY. ALSO PRESENT
WERE CITY MANAGER, LEO NICHOLAS, CITY ATTORNEY, JIM THERIAC AND
CITY CLERK, JAN LESSER.
MR. KIDD MOVED TO FOREGO THE READING OF THE MINUTES OF THE
REGULAR MEETING OF OCTOBER 6, 1987. MR. MURPHY. SECONDED MOTION.
AT THIS TIME THE DEDICATION OF THE NEW COUNCIL CHAMBERS WAS
HELD. THE CHAMBERS. WERE DEDICATED TO THE MEMORY OF PATRICIA
BEAULIEU WHO SERVED IN THE CAPACITY OF CITY CLERK FROM 1978 UNTIL
HER DEATH IN 1984. MAYOR LEE READ THE INSCRIPTION ON THE PLAQUE
AND PRESENTED IT TO MRS. BEAULIEU'S SON, NEIL, WHO PLACED IT ON
THE WALL.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 26-87 RENAMING A PORTION OF CANAVERAL
BEACH BOULEVARD TO CANAVERAL BOULEVARD (SECOND
READING AND PUBLIC HEARING: POSTPONED 10-6)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE OF THE CITY Ok CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
RENAMING A PORTION OF CANAVERAL BEACH
' BOULEVARD TO CANAVERAL BOULEVARDL
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH] PROVIDING AN
EFFECTIVE DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION.
MRS. LESSER INDICATED THAT THE NOTICES HAD BEEN SENT TO ALL
AFFECTED PROPERTY OWNERS AND THAT NO RESPONSE WAS RECEIVED,
EITHER WRITTEN OR VERBAL.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 26-87 WAS
ADOPTED ON SECOND READING.
CITY COUNCIL REGULAR MEETING
OCTOBER 20, 1987
PACE 1 OF 6
ITEM 2. ORDINANCE NO. 28-87 AMENDING CITY CHARTER ARTICLE
XVII SECTIONS 4 AND 5 REGARDING ADOPTION OF BUDGET
(SECOND READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE CITY CHART-
ER OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA BY AMENDING
ARTICLE XVII, SECTION 4 AND 5; AMEND-
ING ADVERTISING REQUIREMENTS FOR
BUDGET ADOPTION; AMENDING THE BUDGET
ADOPTION DATE; PROVIDING AN EFFECTIVE
DATE.
MR. HOOG MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 3. ORDINANCE NO. 29-87 AMENDING CITY CHARTER ARTICLE
XV SECTION 1 DEPARTMENT OF PUBLIC WORKS (SECOND
READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE CITY CHARTER
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA BY AMENDING ARTICLE
XV, SECTION 1 BY AMENDING THE DUTIES
OF THE SUPERINTENDENT OF PUBLIC WORKS;
PROVIDING AN EFFECTIVE DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 4. ORDINANCE NO 30-87 AMENDING CHAPTER 231, GENERAL
ORGANIZATION (FIRST READING AND PUBLIC HEARING;
POSTPONED 10-6)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 231,
GENERAL ORGANIZATION OF THE CODE OF.
ORDINANCES OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA}
BY AMENDING THE DUTIES OF THE SUPER-
INTENDENT OF PUBLIC WORKS} REPEAL-
ING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH$ PROVIDING AN
EFFECTIVE DATE.
MR. MOOG MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
' ITEM 5. ORDINANCE NO 31-87 AMENDING CHAPTER 311; COUNCIL_
COMPENSATION (SECOND READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:'
AN ORDINANCE AMENDING CHAPTER 311,
COUNCIL COMPENSATION, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
BY ELIMINATING COMPENSATION FOR THE
MAYOR AND COUNCIL MEMBERS; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH$ PROVIDING AN EFFECTIVE
DATE.
CITY COUNCIL RlXXMM MEETING
OCTOBER 20, 1987
PAGE 2 OF 6
MR. HOOG MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. IT
WAS POINTED OUT BY MR. NICHOLAS THAT THE ADOPTION OF ORDINANCE
NO. 25-87 ACCOMPLISHED WHAT THIS ORDINANCE INTENDED TO DO. HE
SUGGESTED THAT THE COUNCIL MEMBERS EITHER TABLE THE ORDINANCE OR
VOTE IT DOWN.
MAYOR LEE REQUESTED THAT THE QUESTION BE CALLED. VOTE ON
THE MOTION WAS AS FOLLOWSt IN FAVOR, MR. HOOG AND MR. KIDD;
OPPOSEDr MAYOR LEE, MR. MARCHETTI AND MR. MURPHY. ORDINANCE NO.
30-87 FAILED ON FIRST READING.
NEW BUSINESS
ITEM 1. MOTION REt BREVARD LEAGUE OF CITIES ASSESSMENT
MR. NICHOLAS EXPLAINED THAT THE BREVARD LEAGUE OF CITIES HAD
VOTED TO INSTITUTE DUES THIS YEAR, WHICH WOULD BE BASED ON AN
ASSESSMENT FORMULA OF $25.00 PER VOTE. THE CITY IS ALLOWED THREE
VOTES WHICH WOULD MAKE THE DUES $75.00.
MR. KIDD MOVED TO PAY THE BREVARD LEAGUE OF CITIES DUES OF
$75.00. MR. HOOD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2• MOTION
AUTHORIZING
ROAD SEWER MAIN EXPENDITURE
EXTENS IOFOR DESIGN OF.
THE LONG POINTN
MRNICHOLAS ADVISED THAT THE COST OF THE DESIGN WORK BY
BRILEY, WILD 6 ASSOCIATES WOULD BE $8,750.00. DISCUSSION
.
FOLLOWED. MR. DON ARABIAN, A PROPERTY OWNER ON LONG POINT ROAD,
WANTED ASSURANCE THAT ALL PROPERTY OWNERS WOULD BE REQUIRED TO
CONNECT TO THE SYSTEM. HE FURTHER REQUESTED THAT CARE BE GIVEN
NOT TO DESTROY THE ROOTS OF THE OAK TREES DURING THE INSTALLATION
OF THE LINES. DISCUSSION FOLLOWED ON THE AMOUNT OF IMPACT FEES
TO BE ASSESSED.
MR. HOOG MOVED TO AUTHORIZE THE EXPENDITURE OF $8,750.00 FOR
THE DESIGN OF THE SEWER MAIN EXTENSION ALONG LONG POINT ROAD.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR.
NICHOLAS WAS REQUESTED TO NOTIFY THE PROPERTY OWNERS OF THE
PROJECT.
ITEM 3. MOTION REt PERMI65ION TO ADVERTISE FIRE TRUCK
MR. KIDD SO MOVED. MR. MURPHY SECONDED MOTION. MAYOR LEE
SUGGESTED THAT THE CITY ADVERTISE THE SALE OF THE AERIAL TRUCK AT
THE REPLACEMENT VALUE OF $395,000. MR. NICHOLAS ADVISED THAT THE
cm OOUNCII. REGULAR MEETING
OCTOBER 20, 1987
PAGE 3 OF 6
CITY WOULD BE REQUIRED TO TAKE SEALED BIDS. MOTION CARRIED
UNANIMOUSLY.
ITEM 4. MOTION RE: DRAINAGE PLAN STUDY
DISCUSSION WAS HELD ON THE DIFFERENT OPTIONS OFFERED BY THE
CITY ENGINEERS, BRILEY, WILD 6 ASSOCIATES, FOR REPAIR OF COLUMBIA
DRIVE. THE CONSENSUS OF THE COUNCIL MEMBERS WAS TO PROCEED WITH
PLAN THREE, WHICH SPECIFIED MEDIANS BE CONSTRUCTED IN THE STREET.
MR. NICHOLAS ADVISED HE WOULD HAVE THE ENGINEERS PROCEED WITH A
CONCEPTUAL DRAWING OF THE PLAN. MR. MURPHY REQUESTED CONFIR-
MATION THAT THE STORM DRAINAGE WOULD BE FUNDED 2Y THE STORM
DRAINAGE ASSESSMENT AND THE STREET REPAIR AND RESURFACING BY A
PER UNIT ASSESSMENT TO THE PROPERTY OWNERS ON COLUMBIA. CITY
ATTORNEY THERIAC CONFIRMED THIS.
MAYOR LEE REQUESTED THIS ITEM BE PLACED ON THE WORKSHOP
AGENDA WHEN THE DRAWINGS WERE READY AND THAT THE PROPERTY OWNERS
BE NOTIFIED OF THAT MEETING.
ITEM 5. DISCUSSION RE: EMPLOYEE UNION
CITY ATTORNEY THERIAC ADVISED THE COUNCIL MEMBERS THAT THEY
WERE RESTRICTED ON WHAT STEPS THEY CAN TAKE AT THIS TIME AND
FURTHER CAUTIONED THEM ON EVEN DISCUSSING THIS ISSUE. HE NOTED
THAT HE HAD SOUGHT ADVICE FROM JOE MOSS, AN ATTORNEY WHO WAS
EXPERIENCED IN DEALING WITH LABOR UNIONS. HE FURTHER NOTED THAT
MR. MOSS COULD BE RETAINED BY THE CITY ON A CONSULTING BASIS FOR
A FEE OF $90.00 PER HOUR.
MR. NICHOLAS EXPLAINED THAT HE HAD NOT MET WITH THE
EMPLOYEES OF THE WASTEWATER TREATMENT PLANT AS REQUESTED BY THE
CITY COUNCIL BECAUSE THE CITY ATTORNEY ADVISED HIM THAT HE COULD
ONLY MEET WITH THE MANAGEMENT UNTIL A VOTE IS SET ON UNIONIZATION.
MAYOR LEE REQUESTED THAT THIS ITEM BE DISCUSSED SINCE
SEVERAL EMPLOYEES OF THE WASTEWATER TREATMENT PLANT WERE IN
ATTENDANCE. DISCUSSION FOLLOWED. MAYOR LEE WAS OF THE OPINION
THAT THERE WAS A BREAKDOWN IN COMMUNICATIONS BETWEEN THE CITY
MANAGER AND MR. WALTEMIRE, THE WASTEWATER TREATMENT PLANT SUPERIN-
TENDENT. HE SUGGESTED THAT A MEETING BE HELD BY MR. NICHOLAS AND
MR. WALTEMIRE TO DISCUSS THE UNIONIZATION.'
CITY COUNCIL. REMUM MEETING
OCT0BER 20, 1987
PAGE 4 OF 6
IT WAS FURTHER SUGGESTED BY MR. MURPHY THAT A THIRD PARTY
SIT IN ON THE MEETING IN ORDER TO REPORT BACK TO COUNCIL WHAT
TRANSPIRED, SINCE THERE SEEMED TO BE CONFLICTING REPORTS ON
COMMUNICATION, OR LACK THEREOF, BETWEEN THE CITY MANAGER AND MR.
WALTEMIRE. DISCUSSION CONTINUED. DEPUTY CITY ATTORNEY, KOHN
BENNETT WAS REQUESTED TO SIT IN ON THE MEETING AND A SUMMARY OF
THE MEETING BE GIVEN AT THE NEXT WORKSHOP MEETING BY THE
ATTORNEY.
DISCUSSION
I MR. NICHOLAS EXPLAINED THAT THE BEAUTIFICATION BOARD HAD
VOTED TO DONATE $1,000.00 OF THEIR FUNDS TO KEEP BREVARD
BEAUTIFUL AND REQUESTED THE COUNCIL CONSIDER THE FOLLOWING ITEM.
MR. HOOG MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA. MR.
MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ADD-ON-ITEMiBEAUTIFICATIONTORIZAT NG Sl 000 00 DONATION TO KEEP BREVARD BEAUTIFULF
FUNDS
MR. 14ARCHETTI SO MOVED. MR. KIDD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
MR. NICHOLAS NOTED THAT HE HAD ADVERTISED FOR AN OFFICE
TRAILER AT THE WASTEWATER TREATMENT PLANT. HOWEVER, IN REVIEWING
THE BUDGET HE REALIZED THAT THIS WAS NOT AUTHORIZED BY COUNCIL,
EVEN THOUGH IT WAS DISCUSSED DURING THE BUDGET WORKSHOP MEETINGS.
HE REQUESTED AN ADD-ON ITEM TO AUTHORIZE THIS ADVERTISEMENT.
DISCUSSION FOLLOWED ON WHERE THE MONEY WOULD COME FOR THE
PURCHASE OF THE TRAILER AND IT WAS NOTED IT WOULD COME FROM THE
SEWER PLANT EXPANSION FUNDS.
MR. HOGG MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA. MR.
MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
' ADD -ON -ITEM: MOTION RE: PERMISSION TO ADVERTISE FOR OFFICE
TRAILER FOR WASTEWATER TREATMENTPLANT
MR. MURPHY SO MOVED. MR. KIDD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
MAYOR LEE NOTED THAT HE HAD BEEN CONTACTED BY A DEVELOPER,
REPRESENTING RADISSON INN, WHO WAS INTERESTED IN CONSTRUCTING A
FIRST CLASS, '400 -UNIT HOTEL, ON THE C-1 PARCEL LOCATED NEAR THE
CRUISE TERMINALS AT THE PORT. HE EXPLAINED THAT THE DEVELOPER
EXPRESSED A DESIRE TO CONSTRUCT A HOTEL IN EXCESS OF THE 45'
CITY COUNCIL REGULAR MEETING
OCTOBER 20, 1987
PAGE 5 OF 6
HEIGHT LIMITATION. DISCUSSION FOLLOWED. MR. NICHOLAS NOTED THAT
THE 45' HEIGHT LIMITATION HAD BEEN ESTABLISHED BY A REFERENDUM
VOTE, WHICH WAS LATER FOUND TO BE INVALID BY THE COURTS. THE
CITY COUNCIL THEN ADOPTED AN ORDINANCE ESTABLISHING THE HEIGHT.
HE FURTHER NOTED .THAT THIS COULD BE CHANGED BY ORDINANCE.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 8;55 P.M.
APPROVED THIS 5th DAY OF November11987.
/J. /�
MAYOR
ATTEST.
TY CLERK
CITY COUNCII, REGULAR MEETING
OMOBER 20, 1987
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