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HomeMy WebLinkAboutMinutes 10-18-1988CAPE CANAVERAL CITY COUNCIL REGULAR MEETING OCTOBER 18, 1988 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida, was held on October 18, 19881 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7130 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 Hoog, Council Members Jeff Kidd, Steve Miller and Rocky Randels. Also present were City Manager, Leo ' Nicholas; City Attorney, Jim Theriac and City Clerk, Jan Lesser. Mr. Miller moved to forego the reading of the minutes of the Regular Meeting of October 4, 1988 and approve them as written. Mr. Hoog seconded motion. Motion carried unanimously.. At this time, Alicia Brittain, Chairman of the Beautification Board, presented the fall Beautification Awards. She explained that two commercial awards were being presented because of a tie. Mr. Borders, Vice -President of Pan Am World Services, accepted the award on their behalf. Mr. Bud Burns, owner of Cape Storage located on East Central Avenue, accepted his award. The home award was presented to Mrs. Gene Muse Reed of 221 Washington Avenue. Mrs. Brittain thanked the Sandpiper Florist for donating the plants that were presented to the recipients. The "Volunteer of the Month" award was presented to Terese Gallagher for her services on the Beautification Board.. Mrs. Gallagher was ill and not in attendance to receive her award, UNFINISHED BUSINESS 1. Ordinance No. 12-88 Adopting Revised Com rehensive Plan (Second Rea ng and Public Hearing; Postpone 9-12-88) AN ORDINANCE AMENDING CHAPTER 630 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE AMENDED COMPREHENSIVE PLAN; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Ordinance. Mr. Randels moved for adoption of the final draft of the Comprehensive Plan. Mr. Miller seconded motion. Discussion followed. Mr, John Schock, Planner, clarified some issues for the Council. Mr. Lamar Russell, Chairman of the Local Planning Agency noted that his review of the plan in- dicated the changes that were recommended at the combined workshop of the Local Planning Agency and City Council were in place and it was his recommendation that the plan be adopted. ' Vote on the motion was unanimous and Ordinance No. 12-88 was adopted. The members of the City Coucil praised Mr. Russell and the members of the Local Planning Agency for their efforts in revising the Com- prehensive Plan. , 2. Resolution No. 88-53 Plat A raTo8wnhomea Phase vIII, Units, Lot C.06, Tuetesl660-8666 N. Atlantic Ave) - William Benn x (Postpone 10-4-88 A RESOULUTION APPROVING THE PLAT OF "GIZELLA TOWNHOMES, PHASE III"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. CITY COUNCIL RFXUTAR MEETING OMOBER 18, 1988 PAGE 1 OF 3 Mayor Lee read the title of the Resolution. Mr. Randels moved for adoption. Mr. Miller seconded the motion. Vote on the motion was unanimous with Mr. Hoog and Mr. Kidd abstaining because of con- tracting work on the project. NEW BUSINESS 1. Resolution No. 88-55 Plat A royal Canaveral Sunrise Town omea Canaveral Beac Gar ens Lot 8 B co 5 f526 Canaveral Beacn Boulevard) - Michael and Becky Marc ett A RESOLUTION APPROVING THE PLAT OF "CANAVERAL SUNRISE TOWNHOMES", o AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT, PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. Mr. Kidd moved for adoption. Mr. Hoog seconded motion. Motion carried unanimously. 2. Resolution No. 88-56 Plat A royal San Tomas Villas Lots 5 and 6 B oc 7 on -t a -Sea f115-121 Adams Ave) - 0 6 W Construct on, Inc. A RESOLUTION APPROVING THE PLAT OF "SAN TOMAS VILLAS", 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. Miller seconded motion. Motion carried unanimously, with Mr. Hoog abstaining. 3. Resolution No. 88-oard57 A ointin Alternate Members to the P ann ng and zoning B A RESOLUTION APPOINTING ALTERNATE MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA) PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. He advised that Mrs. Laurie Lewis had withdrawn her application. Mr. Kidd moved to postpone this item until the next meeting. Mr. Miller seconded motion. Motion carried unanimously. 4. Resolution No. 88-58 Appointing Regular and Alternate Members to tKe'-11brary Board A RESOLUTION APPOINTING REGULAR AND ALTERNATE MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. Mr. Randels moved for adoption. Mr. Kidd seconded motion. Mr. Randels pointed out that the wrong name was inserted in Section 3 and moved to amend the Resolution by inserting the name Robert Hines as second alternate member. Mr. Miller seconded motion. Motion carried unanimously. The main motion, for adoption of Resolution No. 88-58, carried unanimously. The following members were appointed to the Library Boards Mrs. Dianna Dolan, regular member; Mrs. Patricia Stenglein, first alternate; and Mr. Robert Hines, second alternate. 5. Resolution No. 88-59 Removing an Alternate Member from the Recreat on Board A RESOLUTION REMOVING A MEMBER FROM THE RECREATION BOARD; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. Mr. Randels moved for adoption. Mr. Kidd seconded motion. Mr. Randels noted that Mr. David Downing had never attended a meeting since his appointment to the Board. Vote on the motion was unanimous. CITY COUNCIL REGULAR =TING OCTOBER 18, 1988 PAGE 2 OF 3 6. Motion study on s nage Canaln Brile Wild and Associates to Conduct motion. it was upsetacostsfoso movd. Mr. r thee drainage icanal studyller would noted would be $8,800 ODrs He- Hoag for Proposaliprocessfto obtain or bid. Mservices r. lfrom as xanaengineering quest other than the City's consulting engineers. Discuin at ssion leastw14 years andor eitnwasdthe canal hissopinionhad not been the City shouldemove forward with the study as soon as possible since sewer line improvements would be done in the north canal area in the near future. Vote on the motMr. ion was as follows IHoag . r,MMr. Kidd, carriedor Lee, sed, ' Mr. Miller and Mr. Randelsj OPPO 7. Motion Res Schedulin a S ecial Clitr Council Meetin on 11-10-88 to cert E ect on Resu is motion. it s noted Mr. Hoaso meeting wouldmbeeheld at 7M301P M 8e prior dto the workshop meeting. the meeting, DISCUSSION Mayor Lee advised that he had invited representatives of the iposition League to athe^concession stand locatedat thy tCity'she in order t eLittleLeaue Park. regarding He explained how the City came to lease out the concession sten last year and noted that the income received from It the leasee plainedex- Oby Mayor�Leesthatathe leasedonted to e hadtbe n cancelled andwthat it was the intent of the Council to allow the Little League e resident to operate the the concession stand. Mr. Jim Carbanough, a tet theeconcessionistandhat the du ingLittle League would like Little League games only. tcouncil concurred with this arrangement. that he had he and d the in phRobert Hines is possession someessed Indiantartifactslthat were efoundm on the to the of the present Pan Am buildiinWBthat would encouraged to like dotso oandeito was new library for esentdisplay. th suggested he present the idea to the Library Board. Mr. Hines also noted he was interested in forming a Community Theater in the City. Madi.d a forfst etheere-installationloFkaost eetolight at thaebeeach endeof Madison. Mr. Randels gave a verbal report on the Florida League of Cities meeting. Mayor Lee noted he was going to Washington, D.C. on Friday, October eacheroaionprobleme. 21st to request funding to solve the b There being no further business, the meeting was adjourned at 8:37 P.M. da of ovember _r. 1988- Approved this jg�._ Y j - N / ayor ty Clerk CTTy ODUNCIL AEaRAA MEETING OMUM 18, 1988 PAGE 3 OF 3 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NA F-110.51 NAML-,MU' 1 NAAIk NA1.IL Oi WARR COUNCIL COMMISMON, AUIIIORITY. OR COMMITTEE COUNCIL COMMISSION, AU r110RITY, OR [OMMIITEE ON RIAIIINI: ADDRESS N'llll'll l Sr 'L IS A UNII OT: �fIV .-tT1UN1Y �1 OIIILK IMAL A ENCY Cull ///1/ CIIUNTY NAsIL OP YULITIC'AI, SUBVIVISION: `u W1E OfOUl411 IOIk (%'`'y)1Rl.0 MY MITI. 11 ECTIVE �I APPmNTIYE WHO MUST FILE FORM SB This form is for use by any person serving at the county, city, or other local Incl of government on an appointed or elected board, council, commission, authority, or committee. Il applies equally to members of advisory and non -advisory bodies who arc presented with a voting conflict of interest wider Section 112.3143, 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 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 MUSf 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. In either casq )'on should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly siting 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 recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive 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 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 she nature or the connict 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: e You should complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minuses of the meeting, who will incorporate the form in the minutes. R A copy of the form should be provided immediately to the other members of the agency. 6 The form should be read publicly at the meeting Prior to consideration or 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 IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. / /K ,I ' DISCLOSURE OF LOCAL OFFICER'S %INTEREST ` 1, / 7 / "U (� , hereby disclose that on IJG� L/ , 1 (a) A sure came or will come before my agency which (check one) ,v\ hh rcd to my special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure Is as follows: s ui// ✓`�� �% �a✓k cd����✓r 1rr Qe vNfl Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112317 (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 $5,000. PAGE 3 n\I IM In Y6 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS I.A51 NA51L-11X51 NAML-MIUUI.L/N/AML /- }_ NASIL OI IR,AR COUNCIL,CO-115SION. AUTHORITY, OR IX,MNI—sh MAILI- ADURCSS / IIIL RIMRO L'UI1M1'CII. (bMLI1S510N. M1r11OR11 Y, OR COLIMIIILE ON w'IIIC'll I SLRVL 15 A UNIT OF: Ali. VCIIV .I COUN1Y 110111LRIIX'AL MENCY <'ITY Ct1UNTY NAML OL 1'ULITIC'AI. SUBDIVISION: W1L OM1 MIIICII ""L. '(' RLU MY 1'USITION IS' /0 / c,, G ELECTIVE .1 APPOINTIVE WHO MUST FILE FORM SB 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 uudcr 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 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 slating 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 whom he Is retained. A person holding an appointive local office otherwise may participate Ina matter In which he has a connict 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 of the meeting, who will incorporate the form In the minutes. • A copy of the form should be provided Immediately to she 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. (I II.—.. BIN, —EI 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 IS days after the voteoccurs 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 1, ✓r, �."� /G . �0 Q ,hereby disclose that on �l' ` A (a) A measure came or will come before my agency which (check one) ✓nured so my special private gain; or _ inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature or my interest in the measure is as follows: Date Filed f Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.717 (1985), A FAILURE TD 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 $5,000. I PAGE 2 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAML-I ILIST NASIL-M IOI)IL NAML NAM[ <II WIARO COUNCIL, <OSIMISYIDN. AUIIIORITY, UR COAIMITtLE AIAILINI: ADUMLSS, ) �l CC•`"-• ���/��1! //�(1 IIIL aI I SL VL IS AIU COMMISSION, AU (IIORITY, OR COSIAIITTEE ON II w111 L'1115LRYE IS A UNIT OF: f7,i:.-1•�/ :1 (try .�000NIT - I OFILR 10CAL MENCY CITY ) [ / / «lUN1Y NAMLO WLLITIL'AI. SUBDIVISION: � �� �/1lT -111. it �'C�L'f 7l• DAIS ON NIIICII \IIIL rI('l'URRLD AIY IVSITION IS' I✓ELLCl IVE 1 AYPr11NT1VE WHO MUST FILE FORM 88 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 seting conflict of Imerest 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 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, )OIL 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 the minuses 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 IS 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 1, hereby disclose that on L �'Cy I9r=� (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 , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: pe Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.717 (1981), 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 13,000. PAGE 2