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HomeMy WebLinkAboutMinutes 12-06-1988CAPE CANAVERAL CITY COUNCIL REGULAR MEETING DECEMBER 6, 1988 A Regula wa eheldgonfDecemberCity 6Council 1988,oatthe the Ci yfHalleA nex,, Ill Florida,called to we Polk Avenue, Cape CanaSThe meeting order at 7:30 P.M. by MayorJoy Salamone. pledgeofAllegiance was led by Mayor Salamone. roll was called the City Clerk. present were Ki,The Council Members Jeff dd Joy Salamone, mayor Tem Robertoog, y Manage Steve ler nd Nicholasi)1CityaAttorney,RJimeTheriacsandrCitytClerk,were CJan Leeserrl Leo Mr.Randels moved to forego the reading of the minutes of the Regular Meeting of November 15, 1988 and the Special Meetings of Miller seconded10 and mNovember M22 motioncarriedunanimousl88, and approve y, as written. Mc. UNFINISHED BUSINESS 1. Ordinance No. 17-88 Amendin Cit Charter Article XVII Section n Com ­­­ AN t t ve B n Is u rements (Second Read 10 Re and n and Publ c Hear ng) AN ORDINANCE AMENDING SECTION 10, ARTICLE XVII OF THE CHARTER OF THE CITY OF CAPETHE COMPETITIVE BIDp VERALPROCEDUREEVARD REPEALINGY ALLL PORTIONSM OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Kidd moved for adoption. Mr. Randels seconded motion. The Mayor restated the motion. It wasexplained that adoption of this Ordinance would change the dollar amount required for formal bid solicitation from $2,000.00 to $3,000.00 and would allow purchases from other govern- mental agencies. Mr. Randels spoke in favor of the proposed Ordinance. Vote on the motion was unanimous. Ordinance No. 17-88 was adopted on second reading. Ordinance No. 18 -BB Amendin Cha ter 205 b Ado tin Revised 2, Porches no Procedure Manual (Second Read n4 and Publ c Hearing) AN ORDINANCE AMENDING CHAPTER 205, PURCHASING PROCEDURES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, IN ITSAND RE- PLACING WITH IAAII NEWEPEALING CHAPTERITHE ADOPTINGETY A PURCHASING EPROCEDURE MANUALI REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title Of the Ordinance. Mr. Randels moved ' for adoption. Mr. Miller seconded motion. The Mayor restated the motion. It was pointed out that this Ordinance would implement the Charter changes adopted by Ordinance No. 17-88 into the Code of Ordi- nances. Vote on the motion was unanimous. Ordinance No. 18-88 was adopted on second reading. NEW BUSINESS ulai- 1, o Ore inn n Planned U11— Bt Deven oiment hRe tab- u atnons e(F rsti Rea b n Esand pu c Hear ng) CITY COUNCIL REGULAR MEETING DECFDam 6, 1988 PAGE 1 OF 5 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING PLANNED UNIT DEVELOPMENT REGULATIONS AS ESTABLISHING RULES AND REGULA- SECTION 640 OF THE ZONING CODE; TIONS; PROVIDING GUIDELINES; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS. OF THE CODE IN CONFLICT HEREWITH; PRO- VIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. City Attorney Theriac advised that first reading of Ordinance No. 19-88 would have to be pos tppermittedmonhe Januause pursuan3rdt eting 166 in order to advertise the Mr. Kidd moved to postpone fir at reading of Ordinance No. 19-88 until January 31 1989. Mr. Hoog seconded motion. Motion carried unanimously. 2. Ordinance No. 20-88 Amendin the Zonin Regulations b Renum- ber n Certs n Sect ons (F ret Read ng and Publ c Hear ngl AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, SECTIONS OF THE ZONING C PEAL NGj ALLUMBERIING PORTIONS OFRTHE NCODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Theriac suggested postponement of this Ordinance since it would only be re- quired if Ordinance No. 19-88 were adopted. Mr. Kidd moved to postpone this item until January 31 1989. Mr. Miller seconded motion. Motion carried unanimously. 3. Resolution No. 88-65 A ointin a Regular Member to the Planning an Zon ng Hoar AR MEMBER O THE NNING AND ZONING BOARD RESOLUTION OF THE CITY APPOINTING OF CAPE CANAVERAL, T CANAVERAL,FLORIDA;APROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. .Mayor Salamone moved to appoint the first alternate member of the Board, Sharon Lard, as a regular member of the Board. Mr. Randels seconded motion. The Mayor restated the motion. Mr. Kidd noted that it was his opinion that Mr. Gene Powell was more qualified to fill the position. Mayor Salamone questioned if it were not specified that the first alternate member be moved into the regular position, if a vacancy d that even done in t et past thereawereTheric v no r quirementstin the Code to do sothis had f. Mr. Hong explained that he would not vote for Sharon Lard for the had made when position of regular member because of statements she being addressed :viewed y tDisplanning and n followed.Zoning Board. Lard Mrs. he cussi Vote on the motion to appoint Mrs. Lard to the regular member In favor, Mayor Salam Mot and Rocky position was as follower Randels; opposed, Mr. Hong, Mr. Kidd and Mr. Miller. Motion failed. Mr. Kidd moved to appoint Gene Powell as a regular, member of the Board. Mr. Miller seconded motion. The Mayor restatd the motion. it was verified by the City Clerk that Mr. Powell was a registered voter. Some membersof the audience questioned Mr. Powell': quali- fications. Discussion followed. Vote on the motion was as follows% In favor, Mr. Hong, Mr. Kidd, Mr. Miller and Mr. Randels; opposed, Mayor Salrmone. Momemboftthe carried. Mr. Powell was appointed as Planning and Zoning Board. CITY cOlII4cIL REGULAR MEETING DECEMBER 6, 1988 PAGE 2 OF 5 4. Resolution No. 88-66 Amendin A reement with Brevard Count for community Development Block Grant Program (HUD) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO AMEND THE AGREE- MENT WITH BREVARD COUNTY, FLORIDA, FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 1989, 1990 AND 1991( PROVIDING AN EFFECTIVE DATE. Mr. Hoag moved for adoption. Mr. Miller seconded motion. The Mayor restated the motion. It was pointed out that this Resolution would amend a Resolution previously adopted by the City which allowed the County to count the City's population in applying for a federal grant. Vote on the motion was unanimous. Resolution No. 88-66 was adopted. 5. Resolution No. 88-67 Re gestin Assistance from Legislative Delegation Regar ng San Source Study Funds Mr. Nicholas advised that the funds for the sand source study had been allocated and there was no need for this Resolution. Mr. Kidd moved to table Resolution No. 88-67. Mr. Miller seconded motion. Motion carried unanimously. 6. Resolution No. 88-68 Cans ceolliMn Re uolarDMeetin of December 20t h and Com n t or eet n ecm r1St Cance I n t te-w— WorkshopMen Re u ar meeting at January 3rd A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA CANCELLING THE REGULAR COUNCIL MEETING SCHEDULED FOR DECEMBER 20, 1988 AND COMBINING WITH THE WORKSHOP MEETING OF DECEMBER 15, 1988; CANCELLING THE WORKSHOP MEETING SCHEDULED FOR DECEMBER 29, 1988 AND COMBINING WITH THE REGULAR COUNCIL MEETING OF JANUARY 3, 1989; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Hoag moved for adoption. Mr. Miller seconded motion. The Mayor restated the motion. There being no discussion, the Mayor requested that the question be called. Vote on the motion was unanimous. 7. Motion Re: Authorizing the CCVFD to Proceed with Implementing Advanced Life Support Mr. Randels so moved. Mr. Kidd seconded motion. Mayor Salamone restated the motion. It was pointed out that the cost to the City to implement the advanced life support would be approximately $18,000.00, which was a budgeted item. Chief Dave Sergeant advised that the Canaveral Port Authority would also be contributing the same amount. He further explained that the department's plan was to equip one pumper for use in advanced life support. Discussion followed on the liability insurance for the Volunteer Fire Department. Mr. Theriac advised that the Florida League of Cities had stated that they could not insure the Department because they do not come under the State of Florida Soverign Immunity Act. Mr. Theriac further noted that the League had provided this in- surance since 1986 and had just recently informed the City of this decision. Mr. Nicholas noted the City was in the process of securing the liability insurance through a private insurance company. Vote on the motion to implement the Advanced Life Support was unanimous. CITY COUNCIL R33HAR MEETING DECOIB R 6, 1988 PAGE 3 OF 5 B. Motion Re: Acquisition of Land for Expansion of Lift Station X3 Mr. Nicholas pointed out that the City needed to acquire the parcel of land, 25' x 45' in size, located on the north side of Central Boulevard, east of the drainage canal, for the purpose of con- structing a new lift station, which is part of upgrading the entire sewerage system in that area. He noted that at the request of the property owners, Mr.a Mrs. Howard Gould, asecond appraisal was done in November which showed an appraised value of $6,187.00. He further noted that the property owners were asking $7,000.00 for the property. Mr. Theriac advised that the City purchase the property for the asking price, since it would not be cost effective to go to court over the $800 difference. Mr. Randels moved to purchase the land for $7,000.00 Mr. Kidd seconded motion. The Mayor restated the motion. Vote on the motion was unanimous. 9. Motion Re: Authorization to Purchase one -Ton Roller for Street Department Mr. Nicholas advised that the City could piggy -back on the City of Melbourne's bid. Mr. Kidd moved to purchase the roller from Hertz Equipment Rental for $4,825.00. Mr. Hoog seconded motion. The Mayor restated the motion. Vote on the motion was unanimous. 10. Motion Re: Authorization to Bid for 4,000 Gallon Fuel Tank Mr. Kidd so moved. Mr. Hoog seconded motion. The Mayor restated the motion. Mr. Nicholas explained that the City's 2,000 gallon fuel tank was used when purchased, had been repaired once, and needed repairs again. He advised that it was his opinion the tank should be replaced. He further noted that this was a budgeted item, and the estimated cost was $4,000.00. Discussion. followed. Vote on the motion was unanimous. 11. Motion Re: Acce tante of Donation from CCVFD for Purchase of F reworks for July 41 1989 Display Mr. Kidd so moved. Mr. Miller seconded motion. The Mayor restated the motion. Mr. Randels thanked the Volunteer Fire Department for this endeavor, noting that they collect money year long in order to put on the display. Discussion followed. Vote on the motion was unanimous. 12. Motion Re: Christmas Bonuses for City Employees Mr. Nicholas advised that the Christmas Bonuses were based on years of ' service. He further suggested consulting Attorney Joe Moss for advice on whether or not giving Christmas Bonuses to the members of the bargaining unit could be construed as an unfair labor practice. Mr. Kidd moved to postpone this item until December 15th. Mayor Salamone seconded motion. Vote on the motion was unanimous. 13. Motion Res Letter of Support for Port Canaveral Free Trade Zone Mayor Salamone requested that the reference to the payload processing plant be deleted from the proposed letter. Mr. Kidd moved to approve the letter; .with the deletion as requested by the Mayor. Mayor Salamone seconded the motion. Motion carried unanimously, Crry C=4CM RDaHAR MEETING DEMMER 6, 19BB PAGE 4 OF 5 DISCUSSION Mr. Nicholas noted that the State of Florida Department of Community Affairs had found the City's Comprehensive Plan not in compliance. He further noted he had not yet received the details on the non-compliance. Discussion followed. Mr. Nicholas invited the Mayor and Council Members to the City Employee Christmas Luncheon to be held an December 22nd. Discussion was held on the gift exchange for the Brevard League of Cities. Mayor Salamone noted that she had received several complaints about children playing in the roll -off dumpsters located at the ballpark. Discussion followed. Mr. Kidd suggested the dumpsters be relocated to the Public Works Complex. The other Council Members concurred. Mr. Theriac gave an overview of the Sunshine Law. He further noted a change of procedure in that the Mayor would restate the motion and prior to that time there can be no amendment without the approval of the person who made the motion. Mr. Theriac gave a brief synopsis of his role as City Attorney and recapped the City's pending lawsuits: Rich's Restaurant is challenging the City's sewer impact fee formula as being unfair. A determination will be made on this case in March 1989. 121 Corporationappealed the Code Enforcement Board ruling regarding relocating a trailer. It will be heard by a three-judge panel. The City did not fight the appeal; if the court over -rules the City's decision, the case will be brought back to the Code Enforcement Board. Starbeach Condominium owes the City close to $30,000 in utility fees. They are now in bankruptcy court and by working with the Bank that holds the first mortgage on the property, the City may recover the entire amount. Mr. Theriac mentioned a potential lawsuit by a natural gas company who had been paying City utility tax for a number of years for customers not locatedwithin the City. Mr. Theriac noted that the State Statute specifies that the City is under no obligation to re- fund this money. Discussion followed. Mrs. Helen Filkins spoke on the Comprehensive. Land Use Plan. There being no further business, the meeting was adjourned at 9:07 P.M. APPROVED THIS 15th DAY, OF December , 1988. .O O TY CLERK. CPM COUNCIL RBMMAR MEETING DEC34M 6, 1988 PAGE 5 OF 5