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HomeMy WebLinkAboutMinutes 05-16-1989 CITY COUNCIL REGULAR MEETING MAY 16 , 1989 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on May 16 , 1989 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 30 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. The roll was called by the City Clerk. Officials present were Mayor Joy Salamone, Mayor Pro Tem Robert Hoog , Council Members Jeff Kidd and Rocky Randels . Also present were City Manager , Leo Nicholas; City Attorney, Jim Theriac, and City Clerk Jan Leeser. Council Member Steve Miller was absent. Mr . Kidd moved to forego the reading of the minutes of the Regular Meeting of May 2 , 1989 . Mr. Hoog seconded motion. Motion carried unanimously. At this time , Beautification Board Chairman, Marlene Woodside and Mayor Joy Salamone presented the Beautification Board' s Spring Awards: Mr. & Mrs. Willard Marlette of 205 Long Point Road received the Home Award; Mr . Anthony Woodell accepted the Multi-Family Award on behalf of Casa Canaveral Condominium; and Mrs. Jean Porter-Gabler and her son John Porter received the Commercial Award for The Galaxy Station. NEW BUSINESS 1 . Ordinance No. 5-89 Amending Zoning Regulations Section 632.01 by Providing for Compact Car Parking in the Definition of Off Street Parking Space (First Reading and Public Hearing ) AN ORDINANCE AMENDING SECTION 632 .01 OF THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE DEFINITION OF "OFF STREET PARKING SPACE" TO PRO- VIDE FOR COMPACT CAR PARKING; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve first reading. Mr. Kidd seconded motion. Mayor Salamone explained that the proposed ordinance would allow for compact car parking in C-1 and M-1 zones, under certain circumstances. Vote on the motion was unanimous . Ordinance No . 5-89 was approved on first reading . 2 . Resolution No. 89-23 Requesting Florida Legislature Continue Funding the Florida Institute of Government A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, RE- QUESTING THE FLORIDA LEGISLATURE TO CONTINUE FUNDING THE (1, FLORIDA INSTITUTE OF GOVERNMENT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr . Hoog moved for adoption. Mr . Randels seconded motion. Vote on the motion was unan- imous. 3 . Resolution No. 89-24 Supporting Brevard County in their Efforts to Locate the Veterans Administration Hospital at the Central Brevard Location A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA ENDORSING AND SUPPORTING BREVARD COUNTY' S EFFORTS IN LOCATING THE VETERANS ADMINISTRATION HOSPITAL IN THE COUNTY. Mayor Salamone read the title of the Resolution. Mr . Kidd moved for adoption. Mr. Hoog seconded motion. Discussion followed. Vote on the motion was unanimous . Resolution No. 89-24 was adopted. CITY COUNCIL REGULAR MEETING MAY 16, 1989 PAGE 1 OF 3 4 . . Resolution No. 89-25 Plat Approval , Banyan Cove, Phases Four & Five; Parcel 279 , Sections 22 & 23 , Township 24S, Range 37E - William Bennix A RESOLUTION APPROVING THE PLAT OF PHASE FOUR AND FIVE, "BANYON COVE" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr . Kidd moved for adoption. Mr. Randels seconded motion. Mr. Hoog declared a con- flict and announced he would abstain from voting on the item. Vote on the motion was unanimous, with Mr . Hoog abstaining . 5 . Motion Re: Inspection Services for Sewerage System Improve- ments, Phase II Mr . Nicholas advised that Briley, Wild and Associates had prepared a revised proposal with the City staff doing the daily inspections, at an upset cost of $12 ,700 .00 . Mr . Kidd moved to accept the revised proposal, dated May 15 , 1989 . Mr. Randels seconded motion. Mr. Scott Spooner, Project Manager for Briley, Wild was in attendance and reviewed the scope of work for the Council. He further explained that the method of installing the sewer line had been changed (with a savings to the City of $25,000 on the original contract) which necessitated daily inspections . Discussion continued on the cost of the inspection services . Mr. Randels requested an itemized statement at the completion of the project. Vote on the motion was unanimous. Mr . Nicholas suggested Council consider an add-on item to accept the stipulated settlement agreement with the State Department of Com- munity Affairs, regarding bringing the comprehensive plan into compliance. He advised that further research determined that the Local Planning Agency did not need to act on the changes at this time. He further noted that planner John Schock had reviewed the agreement and verified that it covered all the required items. Mr . Randels moved to add the following item to the agenda. Mr. Kidd seconded motion. Motion carried unanimously. Add-on Item: Motion Re: Authorizing the Mayor and City Clerk to execute the Stipulated Settlement Agreement from the State of Florida Department of Community Affairs Mr . Hoog so moved. Mr . Kidd seconded motion. Motion carried unanimously. Mr . Nicholas also suggested an add-on item to enter into an agree- ment with Briley, Wild and Associates to bring the Comprehensive [1, Plan into compliance, for a dollar amount of $2,200 . He noted that the State had allocated $2 ,640 .00 for the implementation of the changes. Mr. Randels moved to add the following item to the agenda. Mr . Kidd seconded motion. Motion carried unanimously. Add-on Item: Motion Re: Authorizing Briley, Wild and Associates to Make the Compliance Changes to the Comprehensive Plan for $2 ,200.00 Mr. Randels so moved. Mr . Hoog seconded motion. Discussion followed on Briley, Wild' s cost, noting that the City would have to expend at least $700 .00 for a quarter-page ad. Mr . John Schock noted he would see what he could do regarding reducing Briley, Wild' s cost of making the changes , to leave enough funds to cover the cost of the quarter-page ad. Vote on the motion was unanimous. CITY COUNCIL REGULAR MEETING MAY 16, 1989 PAGE 2 OF 3 DISCUSSION Mr . Theriac requested an item be placed on the next workshop agenda regarding concrete mailboxes on the rights-of-way and asked Mr . Randels to bring any postal regulations addressing the issue. Mr. Randels reported on the Storm Water Management Conference he and Mr. Nicholas attended . Discussion followed. Mr. Randels also asked Mr. Nicholas to extend his appreciation to the Street Department for the good work they have been doing in keeping the City streets clean. It was noted by Mr . Hoog that the easement had been granted to FPL to bring the power to the medians on Columbia Drive. to Mayor Salamone questioned whether or not the City needed to take any action, since receiving the written recommendation from the Com', mission on Ethics on Mr . Nicholas ' case. Mr . Theriac advised that Mr. Nicholas ' attorney was requesting a stay and if it was ndt granted, the Council would need to take action. There being no further business , the meeting was adjourned at 8: 33 P.M. Approved this 6th day of June , 1989 . - (I, lc4.1, 91-440,4c,12 /t til, O ti /t.442",,t____, ITY CLERK T., S;/1142Ptit ...,.•w• t t l 41 CITY COUNCIL REGULAR MEETING NAY 16, 1989 PAGE 3 OF 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC' OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUN�CIL,COMMISSION,IAUTHORITY,OR COMMITTEE /4/0°1‘. lakt 1E" "/ "/ o�/ LiUN`�` a�'(,,Q�(/'A(/.E"/J, L//1J . MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: /Q 7 4 ,i t'/- 4, FilCITY 0 COUNTY 0 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: ed DATE ON WHICH VOTE OCCURRED .POSITION IS: t9�ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B 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 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 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 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 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 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. ' 1 I-(112\! XIS Ill kf• Y J IF YOU MAKE NO -TTEMPT 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 1 etvie/ S ,7\i-e7 , hereby disclose that on 19 f (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: //tIV 44-/- dve //4.- c /S F.iV'/v€n, 4//i OR TA.< XL.E'C>i2/e.7-/ C70.2 S. 23 —F l- )2 4i/ Date Filed Si nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (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. CE FORM 8B- 10-86 PAGE 2