HomeMy WebLinkAboutMinutes 12-15-1987CITY COUNCIL
REGULAR MEETING
DECEMBER, 15, 1987
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON DECEMBER 15, 1987 AT THE CITY
HALL ANNEX, 111POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE
MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR PATRICK LEE.
INVOCATION WAS LED BY MAYOR PRO. TEM BOB HOOG, 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 MOOG, COUNCIL
MEMBERS JEFF KIDD, STEVE MILLER AND ROCKY RANDELS.. ALSO PRESENT
WERE CITY MANAGER, LEO NICHOLAS, CITY ATTORNEY, JIM THERIAC AND
CITY CLERK, JAN LEESER.
MR. RANDELS MOVED TO APPROVE, AND FOREGO THE READING OF, THE
MINUTES OF THE COMBINED WORKSHOP AND REGULAR MEETING OF DECEMBER
1, 1987. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMIOUSLY.
AT THIS TIME MAYOR LEE PRESENTED THE "VOLUNTEER OF THE
MONTH" AWARD TO ALICIA BRITTAIN FOR HER SERVICES ON THE BEAUTIF-
ICATION BOARD.
NEW BUSINESS
ITEM 1. PRESENTATION OF PROPOSED BEAUTIFICATION PROJECT AT
THE INTERSECTION OF NORTH ATLANTIC AVENUE AND AlA
AT MR. NICHOLAS' REQUEST, MR. KIDD MOVED TO POSTPONE THIS
ITEM UNTIL A LATER WORKSHOP MEETING. MR. MILLER SECONDED MOTION.
MOTION CARRIED UNANIMIOUSLY.
ITEM 2. MOTION RE: PINANCING IMPACT FEES FOR RICH'S
RESTAURANT
MR. HOOG MOVED TO ALLOW MR. JEFF RICH, OF RICH'S RESTAURANT,
TO FINANCE THE IMPACT FEES FOR EXPANSION OF HIS BUSINESS. MR.
KIDD SECONDED MOTION.
DISCUSSION FOLLOWED ON THE GUIDELINES SET FORTH IN CODE
CHAPTER 535. IT WAS POINTED OUT THAT THE CODS WAS AMENDED TO
ALLOW FINANCING OF IMPACT FEES TO ALLEVIATE THE BURDEN OF LARGE
DEVELOPERS HAVING TO PAY THEIR IMPACT FEES UP FRONT WHEN PULLING
THE PERMIT FOR NEW CONSTRUCTION. THE CODE SPECIFIES THAT THE
IMPACT FEE MUST BE PAID IN FULL PRIOR TO THE ISSUANCE OF A CERTIF-
CITY COUNCIL REGULAR MING
DE(U-SE 1 15, 1987
PAGE 1 OF 5
ICATE OF OCCUPANCY. IT WOULD, THEREFORE, OFFER NO AVENUE OF
RELIEF TO MR. RICH, WHO WISHED TO OPEN HIS EXPANDED BUSINESS
PRIOR TO NEW YEAR'S EVE.
THE CITY ATTORNEY ADVISED THAT THE COUNCIL WAS BOUND BY THE
LANGAUGE IN THE CODE AND COULD NOT MAKE AN EXCEPTION FOR MR.
RICH.
MR. RICH WAS IN ATTENDANCE AND VOICED THE OPINION THAT HE
FELT THE CITY WAS PICKING ON HIM BECAUSE HE WAS A SMALL BUSINESS
MAN. MAYOR LEE EXPLAINED THAT EVERYONE ON THE CITY COUNCIL WOULD
LIKE TO HELP MR. RICH BUT THEY COULD NOT DO SO WITHIN THE SCOPE
OF THE ORDINANCE.
MR. HOOG ASKED THAT AN ITEM BE PLACED ON THE NEXT AGENDA TO
DISCUSS AMENDING THE ORDINANCE.
VOTE ON THE MOTION ON THE FLOOR WAS UNANIMIOUS. THIS ITEM
WAS ALSO DISCUSSED AT THE END OF THE MEETING WHEN MR. .RICH'S
LEGAL COUNSEL QUESTIONED THE CITY ATTORNEY REGARDING THE MATTER.
ITEM 3. RESOLUTION NO. 87-72 OPPOSING PLANS FOR OFF-SHORE
DRILLING
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION OBJECTING TO OIL DRILLING
AND EXPLORATION OFF THE COAST OF
FLORIDA AND THE FLORIDA KEYS WITHOUT A
THIRTY-MILE BUFFER ZONE; REQUESTING THE
UNITED STATES CONGRESS TO OPPOSE PLANS
FOR ANY SUCH DRILLING AND EXPLORATION;
AUTHORIZING DISTRIBUTION; PROVIDING AN
EFFECTIVE DATE.
MR. RANDELS MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 4. RESOLUTION NO. 87-73 REPEALING RESOLUTION NO. 87-58
AND APPROVING NEW AGREEMENT WITH BREVARD
RVCOUNTY FOR
POLICE SEICES
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION REPEALING RESOLUTION NO.
87-581 AUTHORIZING THE MAYOR AND THE
CITY CLERK TO ENTER INTO A NEW
AGREEMENT WITH THE BREVARD COUNTY
SHERIFF'S DEPARTMENT TO PROVIDE
MUNICIPAL POLICE SERVICES TO THE .CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING
AN EFFECTIVE DATE.
MR. KIDD MOVED FOR ADOPTION. MR. HOOG. SECONDED MOTION.
MAYOR LEE NOTED THAT THE NEW CONTRACT CHANGES THE VERBAGE TO READ
CITY COUNCIL FSaMAR MEETING
DDZDZER 15, 1987
PAGE 2 OF 5
IN PART "...BECAUSE OF ILLNESS, EMERGENCY, OR ANY OTHER REASON,
PATROL SERVICES MAY BE AUGMENTED BY MUTUAL AID SERVICE." MR.
NICHOLAS POINTED OUT THAT IN THE EVENT A VACANCY COULD NOT BE
FILLED BY MUTUAL AID, THE CITY MAY NOT HAVE THE CURRENT LEVEL OF
SERVICE.
MAYOR LEE ADVISED THAT THE CITY WOULD CONTINUE TO EXPLORE
OTHER ALTERNATIVES FOR POLICE PROTECTION.
VOTE ON THE MOTION WAS UNANIMIOUS. RESOLUTION NO. 87-73 WAS
ADOPTED.
ITEM 5. RESOLUTION NO. 87-74 APPOINTMENT OF MEMBERS TO THE
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING MEMBERS TO
THE CONSTRUCTION BOARD OF ADJUSTMENTS
AND APPEALS IN ACCORDANCE WITH THE
STANDARD BUILDING CODEI PROVIDING AN
EFFECTIVE DATE.
MR. KIDD MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. THE
RESOLUTION WOULD REAPPOINT MR. RUSSELL LLOYD TO THE BOARD AND
APPOINT MR. HANK LEMERISE AS A NEW MEMBER. MRS. MARY RUSSELL,
VICE-CHAIRMAN OF THE CODE ENFORCEMENT BOARD, ADDRESSED COUNCIL
AND POINTED OUT THAT CITY HAD AN OUTSTANDING LIEN IN THE AMOUNT
OF $1,000 AGAINST MR. LEMERISE, AS A RESULT OF A CODE VIOLATION.
MR. HOGG ADVISED THAT HE WAS IN THE PROCESS OF PURCHASING MR.
LEMERISE-S PROPERTY AND THE LIEN WOULD BE SATISFIED PRIOR TO
PURCHASE. DISCUSSION FOLLOWED.
MR. KIDD NOTED HE WAS PREVIOUSLY NOT AWARE OF THIS LIEN AND
MOVED TO WITHDRAW HIS MOTION. MR. HOOD WITHDREW HIS SECOND.
MR. RANDELS MOVED TO ADOPT RESOLUTION NO. 87-74, DELETING
SECTION 1 WHICH WOULD APPOINT MR. LEMERISE TO THE BOARD. MR.
KIDD SECONDED MOTION. MOTION CARRIED UNANIMIOUSLY. MR. LLOYD
WAS REAPPOINTED TO THE BOARD.
ITEM 6. MOTION REt AWARD OF BID NO. 87-16, CONSTRUCTION OF
LIBRARY BUILDING
MR. NICHOLAS ADVISED THAT THE BID SHOULD BE AWARDED WITH AN
EFFECTIVE DATE OF JANUARY 1, 1988 TO AVOID PAYING THE $7,300
SALES TAX ON SERVICES. HE ALSO NOTED THAT THE ARCHITECT
RECOMMENDED AWARDING THE BID TO THE LOW BIDDER, SOUTHERN COMFORT
CITY COUNCIL REGULAR MEETING
DECEMBER 15, 1987
PAGE 3 OF 5
BUILDERS. MR. NICHOLAS EXPLAINED THAT THE CITY OF WEST MELBOURNE
WAS CURRENTLY IN LITIGATION WITH THE CONTRACTOR, WHO HAD BUILT
THEIR NEW CITY HALL, BUT ALL THEIR OTHER REFERENCES CHECKED OUT
GOOD. IT WAS POINTED OUT THAT SOUTHERN COMFORT WAS LOW BIDDER
WITH A TOTAL BID PRICE, INCLUDING ALTERNATES 91 AND $2, OF
$370,167.00.
MR. KIDD MOVED TO AWARD THE BID TO SOUTHERN. COMFORT BUILDERS
IN THE ABOVE AMOUNT, LESS THE $7,300.00 SALES TAX ON SERVICES,
EFFECTIVE JANUARY 1, 1988. MR. HOOG SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 7. MOTION RE:AUTHORIZING EMERGENCY REPAIRS TO LIFT
STATION N0. 2
MR. NICHOLAS ADVISED THAT THE ESTIMATED COST FOR THE
NECESSARY REPAIRS IN 1985 WAS $126,000. HE FURTHER NOTED THAT
THE CITY'S ENGINEERS, BRILEY, WILD AND ASSOCIATES, WOULD PREPARE
THE BID PACKAGE FOR THE EMERGENCY REPAIR.
MR. RANDELS MOVED TO AUTHORIZE THE CITY MANAGER TO GO OUT
FOR BID FOR THE REPAIRS, WHEN THE BID PACKAGE HAS BEEN COMPLETED
BY THE CITY ENGINEERS. MR. KIDD SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 8. MOTION RE: FORWARDING THELOCAL PLANNING AGENCY'S
RECOMMENDATION TO AMEND THE COMPREHENSIVE PLAN TO
THE STATE OF FLORIDA FOR REVIEW - CHANGING THE LAND
USE FROM COMMERCIAL TO INDUSTRIALr PARCEL 56,
PARCEL 804 AND THE NORTH-EAST 75 OF PARCEL 755,
SEC 15;7WP24S, RGE 37E
MR. HOOG SO MOVED. MR. RANDELS SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
DISCUSSION
MR. NICHOLAS NOTED THAT HE HAS RECEIVED THE RESIGNATIONS OF
MR. LYLE WALTERMIRE AND MR. STEVE JACKSON, SUPERINTENDENT AND
ASSISTANT SUPERINTENDENT. RESPECTIVELY, OF THE WASTEWATER TREAT-
MENT PLANT, EFFECTIVE THE END OF THE YEAR.
MAYOR LEE EXPLAINED THE CITY IN ITALY WAS STILL PURSUING US
TO BE THEIR SISTER CITY.
AT THIS TIME, MR. JOE SCOTT, REPRESENTING JEFF RICH,
ADDRESSED THE COUNCIL REGARDING THEIR REFUSAL TO FINANCE MR.
RICH'S IMPACT FEES. IN RESPONSE TO A QUESTION FROM MR. SCOTT,
CITY COUNCIL REQAAR MEETING
DECEMBER 15, 1987
PAGE 4 OF 5
MR. THERIAC ADVISED THAT THERE WAS NO AVENUE OF RELIEF AVAILABLE
TO MR. RICH EXCEPT THROUGH THE COURTS.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 8:42 P.M.
APPROVED THIS 5th DAY OF Ja uary , 1988.
MAYOR
' ATTEST:
TY CLERK
CITY OoUNCM REGUTAR MEETING
DECEMBER 15, 1987
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