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HomeMy WebLinkAboutMinutes 08-02-1988CAPE CANAVERAL CITY COUNCIL REGULAR MEETING AUGUST 2, 1988 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida, was held on August 2, 1988, 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. Pledge of Allegiance was led by Mayor Lee. The roll was called by the City Clerk. Officials present were Mayor Patrick Lee, Mayor Pro Tem Robert Hong, Council Members Jeff Kidd, Steve Miller and Rocky Randels. Also present were City Manager, Leo I Nicholas; City Attorney, Jim Theriac; and City Clerk, Jan Lesser. Mr. Hong moved to forego the reading of the minutes of the Regular Meeting of July 19, 1988 and approve them as written. Mr. Miller seconded motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Resolution No. 88-33 Aonroving Plat of Gizella Town homes Phase II Lots 5 - 8 (8652 - 8658 N Atlant c Avenue) - James Murphy (Postponed July 19) A RESOLUTION APPROVING THE PLAT OF "GIZELLA TOWNHOMES, PHASE II"T AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. Mr. Randels moved for adoption. Mr. Millerseconded motion. Vote on the motion was as follows: In favor, Mayor Lee, Mr. Miller and Mr. Randels. Mr. Kidd abstained because his firm will be installing the floorcovering in the units. Mr. Hong abstained because his firm is doing the electrical work on the project. Motion carried. NEW BUSINESS 1. Resolution No. 88-34 Ado tin the Assessment Plat Plans and Spec cat ons * r lum a Drive Street Repa r Pro ect A RESOLUTION DETERMINING TO MAKE CERTAIN LOCAL STREET IMPROVE- MENTS IN THE COLUMBIA DRIVE STREET REPAIR PROJECT IN THE CITY OF CAPE CANAVERAL, FLORIDA: ADOPTING THE ASSESSMENT PLAT, PLANS AND SPECIFICATIONS; DETERMINING TO DEFRAY THE EXPENSE THEREOF BY SPECIAL ASSESSMENTS AGAINST THE PROPERTIES BENEFITED THEREBY; DIRECTING CITY ADMINISTRATION TO MAKE AND FILE WITH THE CITY COUNCIL AN ASSESSMENT ROLL COVERING SUCH LOCAL STREET IMPROVE- MENTS; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. Mr. Randels moved for adoption. Mr. Miller seconded motion. Mr. Hoog advocated doing the ' project without levying a special assessment against the affected property owners, and paying for the repair with monies received from the local option gas tax. In response from a question by Mayor Lee, Mr. Nicholas explained that the City should receive enough revenue from the gas tax to resurface all the streets in the City over the next three years. Discussion followed. Mr. Hong moved to amend the Resolution by striking the words "Special Assessment".. Mr. Kidd seconded motion. The City Clerk pointed out that if the Council's intent was to do away with the special assessment, the Resolution should not be adopted. Vote on the motion to amend was unanimously opposed. Vote on the main motion, to adopt Resolution No. 88-34, was unanimously opposed. Mr. Randels moved to proceed with the Columbia Drive Street Repair Project, approve the submitted plans and specifications, authorize CITY COUNCIL RDGRAR MEETING AUGUST 2, 1988 PAGE 1 OF 4 I and to nce the s on fundsi eceiveddfrom thed.06 1 cal option gasatax.thMrprKiddt seconded motion. Motion carried unanimously. City Manager, Mr. Nicholas, reviewed the plans for the street resurfacing and storm drainage for the benefit of the citizens in attendance. Several residents spoke against the City's proposal to eliminehe numberatofoparking paces9would create arhardship on Columbia Dive, tiMr. ing tlimited scott who is the owner of a vacant lot on Columbia Drive, suggested that a coossible solution nstr ct a parkingmlotbone fit.thDiscussion continuedchase his lot and imous. The plans and atons for Col umbiatDrive tRoad wRepair nProject, which call foc Vote on rnoiconistreet parking, were approved and the City will solicit bids for the Project. At this time, Mayor Lee called for a five-minute recess. The meeting was reconvened at 8:17 p.m. 2. FerelDeiartment8for5F re eProec ti on and EmerCanaveral Volunteer oe Services A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE CAPE CANAVERAL VOLUNTEER FIRE DEPART- MENT TO PROVIDE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Maor Lee read the title andels moved adof ption. Mr. Kidd econdedmotion. the eBMotion nR carried unanimously. for 3. Motion Res Award of Bid No 88-8 Tree 6 Brush Chipper Mr. Kidd moved to award the bid to the low bidder, Monroe Tree and Lawn Tender, for the amount of $9,987.00. Mr. Hoog seconded motion. Motion carried unanimously. 4. Motion Re: Replace Copier at City Hall Mr. Nicholas explainedthat the copier at City Hall was fouryears old and needed to be rep laced. The pros and cons of lease/purchase vs, outright purchase were discussed. Mr. Hoog noted that the Volunteer Fire Department could utilize the old copier. Mr. Hoog moved to purchase the 4702 copier at acost of $8,390.00 with contingency funds. Mr. Kidd seconded motion. Motion carried unanimously. 5. Motion Re: Street Paving Mr. Nicholas explained that the entire Avon -by -the -Sea area could be ' resurfaced at a cost of approximately $200,000. He noted that the City still had local option gas tax funds that need to be appropriat- ed before the end of the fiscal. year. He suggested starting the resurfacing project this fiscal year, and completing it next fiscal year. Discussion followed. Mr. Randels moved to authorize the resurfacing of all Avon -by -the - Sea streets, starting in the south end of the City, paying for the project by using gas tax funds from this fiscal year and fiscal year 1988-89. Mr. Kidd seconded motion. Motion carried unanimously. 6. Motion Re: Radios for Sheriff's Department Mr. Nicholas explained that the Sheriff's Department had requested CITY COLWJL rWUTAR MEETING AUGUST 2, 1988 PAGE 2 OF 4 the purchase of twelve portable radios for the Cape Canaveral Deputies, using monies from the City's Fine and .Forfeiture Fund. Mr. Randels moved to approve the purchase of twelve radios, at a cost of $9,036.00. Mr. Kidd seconded motion. Motion carried unani- mously. 7. Motion Res Authorization for Reimbursement of Le al Fees for Eth cs Code complaint City Attorney Theriac advised that he had requested this item be placed on the agenda. He noted that he recommended reimbursement of fees for former Council Member John Murphy and the legal fees incurred by City Manager, Leo Nicholas, to date. Mr. Theriac explained he based this recommendation on the fact that the Ethics ' Commission had found no probable cause in a complaint filed by a citizen, Helen Filkins, against Mr. Murphy, Mr. Nicholas and Mayor Lee, and there was case law to allow reimbursement of the legal fees. Mr. Theriac advised that Mayor Lee was seeking restitution for his legal fees from Me. Filkins. He further noted that another hearing would be held on an additional complaint filed by Ms. Filkins against Mr. Nicholas. Mr. Theriac proceeded to read portions of a transcript of Mayor Lee's hearing before the Commission on Ethics into the record. A copy of said transcript is attached hereto and made a part hereof by reference. Mr. Kidd moved to reimburse Mr. Murphy for legal fees in the amount of $2,900.00 and hisairplane rental of $330.00 (to attend the hearing in Tallahassee); and to reimburse Mr. Nicholas his legal fees to date in the amount of $2,200.00. Mr. Randels seconded motion. Motion carried unanimously. DISCUSSION Chief Dave Sergeant of the Cape Canaveral Volunteer Fire Department addressed the Council and requested they approve the purchase of a hose tester for the department's usein the amount of $1,995.00. Mr. Nicholas noted that there were sufficient funds in their budget to cover the purchase. Mr. Kidd moved to add the following item to the agenda. Mr. Miller seconded motion. Motion carried unanimous- ly. Add -On Item: Motion Re: Authorization to Purchase Hose Teeter and Accessor es or t e Caoe Canaveral Vo unteer F re Department Mr. Kidd so moved. Mr. Miller seconded motion. Motion carried unanimously. Chief Sergeant also requested permission to park some of the their extra vehicles in the bay area at the City Hall Annex. Council members assured him that it would be noproblem and to contact the City Manager. A citizen who lives in Canaveral Sands complained about the City's followed. mowing Nicholathe srnotedass tth to henDiscussion workers were only cutting the bermuda grass) that they had been directed not to cut the protected species. Mr. Nicholas was instructed to contact the Enviromental Protection Agency to find out if there is any prohibit- ation against mowing the grass and to discontinue mowing until that time. Mr. Nicholas explained that the visitation to the Sister City was being proposed for September 11ththrough 20th, which included a guided tour of Venice, Florence and Rome. He noted the cost would be $2,100 a person, provided a minimum of twenty people attend. CTri OCUNCIL RE3ULAR MEETING AUGUST 2, 1988 PAGE 3 OF 4 Discussion followed. Mayor Lee and Mr. Randels noted that their schedules would not permit such an extended tour. Mr. Kidd, Mr. Hoog and Mr. Miller indicated that they would probably not be able to make the trip. There being no further business, the meeting was adjourned at 9:25 P.M. Approved this .16th 'day of .August ,` ,.1988. 0�•-f- 0 Mayor Pro Tem ity Clerk CITY COUNM REGULAR MMrn G AUGUST 2, 1988 PAGE 4 OF 4 (� FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IIIU HIM, to fll..l'OMMIISION, AUr11OM7V. OR CONtMIITLE ON .1.1 1115ERVE UNIT OF. /-✓I%�/ /�}'r'IIY LYIUHIY -1 01 HEX I OVAL AENCV ELECIIVE it APPOINTIVE WHO MUST FILE FORM BB 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 It 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 or 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 counly, 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 or a principal (other than 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 to the assembly she nature or your Interest In the measure on which you are abstaining from voting; and WITHIN 15 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 as 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 at the meeting prior to consideration of the matter in which you hgve a conflict of interest. i J, - . 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 vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form In the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on 114 — 19 6� (a) A measure came or will come before my agency which (check one) Q<Inurcd to my special Private gain; or inured to the special gain of , by whom I am retained. (b) The treasure before my agency and the nature of my interest In the measure is as glows: 40 6-1'- y 7lc Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 4111.717 (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. PA(ir r BB MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL AND OTHER LOCAL PUBLIC -OFFICERS IIUULE NAAI[ NAAI UI uMN4y PUNCIL CUMA115110N, AU IIORITY, UR [UMAIITT tjERAI ,T N'llll'll I SENYE U' A UNI �CIIY . i ('nUN1Y I I OI IILN IIX'Al AGENCY WHO MUST FILE FORM 88 ELECTIVE .1 APMIWIVE 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 It applies equally to members of advisory and non -advisory bodies who arc presented with a voting conflict of Interest under Section 1123147, Florida Statutes. The requirements of this law arc 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 la. 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 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 15 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 whops 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 she 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 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 vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S HTEREST hereby disclose that on r Z , 19 8� (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 (b) The measure before my agency and the nature or my Interest In the measure Is as follows; ZI'//A td u i7M 2 5 / `fa'Cdi / Fo l ii AA l P(4 T �4PfK�UA Date Filed Signal re by whom 1 am retained. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 4112317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE 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. PAGE I 11 , I. 1 na.se 'Ilan AUGUST 2, 1988 PAGE 1 OF 6 -01 15:43 STR0MIRE E SISTLIIC P.3 2. HELEN FIL&INS: After Artie Gunn was removed there i was a Council Meeting that I attended, and I guess I can truly say that I filed this complaint because of Patrick Lee's animosity toward him. Actually, his personality Is fine as the Mayor of our City, and I have never seen him so angry. And he said, and I knew at this meeting that he knew that the chargee were invalid, and he said, "i believe that we have a strong case against Mr. Gunn, and I'm for taking him to court." And I raised my hand and said, "Moll, just what is this strong case?" And he didn't have any case. And I guess the entire j thing to me centers around why he and the rest of the people � I who eat on the Council did not reinstate Artie Gunn when they knew the charges were invalid and when they knew that the City Manager had acted illegally. At the time of this investigation, Artie Gunn remembered another situation besides the one when he was the volunteer fire chief, which as you know was discounted because they said that he, or the fire department, is not an agency of the City. I do somewhat disagree with that, but I'm not an attorney, so I cannot argue it. However, the City in responsible if the fire department does something, so that is an arguable case. But at any rate, that has been discounted and Artie Gunn remembered another incident. we have a large y737 unit condominium development, new, in Cape Canaverall and i 4 Artie Gunn had a lot of problems with them and didn't want to AUGUST 2, 1988 PAGE 2 OF 6 I '33-03-I'IO0I'I.j1 15:43 STROI1IFE E BISTLIE P•4 3. issue certificates of occupancy on a number of occasions because of substandard building. This wasinvestigated by the Investigator. Unfortunately, she didn't tell me that I had to sign a complaint, so it cannot be considered. Also, I complain here about this particular thing because the remarks that were made and unrebutted by Mr. Gunn, remarks about Artie Gunn, I feel were slanderous and they made their way into the final report, the final memorandum, where he was described sometimes acting like a dictator and obnoxious and so forth. Now, I listed eleven people that could have been corroborating witnesses to my description of Artie Gunn, that he is a very find gentleman. If he were here, he would call you ma'am and air. He is not at all obnoxious. I can't imagine anyone saying it, but those j charges are in there anyway. And they stand and I feel as if that'a what he based it on. He believed what he said and had he called any of these witnesses, they would have said, Oh, I don't believe this. And anyone would describe Artie Gunn that j way. And I am very disappointed that you didn't tell me or someone didn't tell me that I had to swear out a complaint in order to use that particular incident which fits 1123.136 perfectly. The reason it does and it wasn't brought out in the report is that Artie Gunn had issued a notice to the builder, a quite long list of building code violations and said, I will not give you your certificates of occupancy until .. _ ATfACIMENf TO 1NE. MUMI'F5 OF AUQISr 2, 1988 PAGE 3 OF 6 '88-08-01 15 44 5TROt1IRE t 13ISTLIIC P'5 � 4. L— __. _ . .. ---. .. ---... you correct all of these. And this is what the meeting was about. He brought in -- Mr. Lee brought in an attorney or several attorneys and the top people of this condominium project and Artie Gunn felt very pressured concerning all of i these building codes violations. And as I said, this has not been considered at all. I think also the most important thing II that t cannot understand is why for two months these people u I eat at the Council Meetings and never did anything except talk M about how bad he was and try to change this other law, the building code, to change it so that the City Manager could � fire the Building Official. They talked about him constantly; and at one point Mr. Lee said he would never give him a recommendation to anyone, which I think is really what i y i made me do this, because there to no explanation for that. I i 4 can't Imagine anyone who known him saying that he was anything ! E but a diligent, hard working, competent, honest man. f I would ask you if you could possibly reexamino i those charges and see if you can do anything at this point, or contact witnesses about it, if you do reexamine it, find out �t what people really do think of him. On the list that I have, i I have former mayors, I have chairmen of boards of the City of Cape Canaveral. I have people that have known him many, many ' years. He's a native of our county and they would have told P you something quite a bit different from obnoxious and Y $ dictator. ATrAC11MQ7r TO THE. .MITES OF 6U AUSr 2. 1988 !;. PAGE 4 OF 6 II-oi 15:45 STROMIRE S B1b]Ul •- 5. ._..._ .. ....._ —� ._�....._ . .....----i--' Again, I say that the report neglected to bring out the fact that from the very beginning what was wrong was that they knew, the City Council knew, that they were acting r illegally when they did thial and they knew that chargee were j bogus, totally. There was no possibility ever that the City could be sued and yet they continued to say so publicly. And 1 I think you should consider that. It was not brought out. i ' I'm not sure why it wasn't. That's why I filed the charges. 1 r 8o, pledge, would you reexamine this, look into it. Thank you. 1 AITAO •II M 4O THE mnurm OF. AUGUST PAGE 5 OF 6 'BB -101 15:45 STROMIRE & BISTLIME P•7 6. CERTIFICATE OF REPORTER . STATE OF FLORIDA COUNTY OF BREVARD I, JILL A. DIXSON, Loring a Notary Public in and for the State of Florida at Large, do hereby certify that the foregoing is a true and accurate transcription of the statement of Helen FLlkins, taken from a tape recording of the Florida Commission on Ethics hearing held on June 8, 1988 regarding Patrick Lee. Dated this 29th day of July 1988. A TA HMERr To THE mn&nt:B OF AUGUST 2, 1988 PAGE 6 OF 6