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HomeMy WebLinkAboutMinutes 11-09-1989 CITY COUNCIL REGULAR MEETING NOVEMBER 9, 1989 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on October 17, 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 Deputy City Clerk. Officials present tir were Mayor Joy Salamone, Mayor Pro Tem Robert Hoog and Council Member Rocky Randels. Also present were City Attorney, Jim Theriac; City Clerk, Jan Leeser; and Deputy City Clerk, Angel Taylor. Mr . Kidd and Mrs. Thurm were out of town. Mr. Hoog moved to approve the minutes of the Regular Meeting of October 17, 1989 . Mr. Randels seconded motion. Motion carried unanimously. Mayor Salamone read proclamations for DAV Forget-me-not-Week and National Women Veterans of World War II Day. At this time, Mrs. Leeser presented Mrs. Evelyn Hutcherson, Code Enforcement Officer, with the Special City Employee Award for October, 1989. Mrs . Hutcherson addressed the Council and thanked the City for her award. NEW BUSINESS 1 . Resolution No. 89-66 Plat Approval, Sea Monica I , Lots 1 & 2, Block 30, Avon-by-the Sea - Clifford Ray A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA APPROV- ING THE PLAT OF "SEA MONICA I" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Hoog seconded motion. Vote on the motion was unanimous. 2 . Resolution No. 89-67 Plat Approval, Sea Monica III , Lots 1 & 2, Block 30, Avon-by-the-Sea - Clifford Ray A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA APPROV- ING THE PLAT OF "SEA MONICA III" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Resolution. Mr. Hoog moved for adoption. Mr. Randels seconded the motion. Vote on the motion was unanimous. 3. Resolution No. 89-68 Plat Approval, San Tomas Villas, Phase III , Lots 9 , 10 & 11 (Replat of Lots 7 & 8) , Block 7, Avon- by-the-Sea - Thomas Quinn A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA APPROV- ING THE PLAT OF "SAN TOMAS VILLAS, PHASE III" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr . Hoog noted he would have to abstain CITY COUNCIL REGULAR MEETING NOVEMBER 9 , 1989 PAGE 1 OF 3 from voting on this item. Mayor Salamone advised the vote could not carry in that event. Motion died for lack of a second. 4. Resolution No. 89-69 Adopting New Garbage and Trash Col- lection Rate Schedule. A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GAR- BAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Hoog seconded the motion. Mr. Randels ior explained that the Resolution would establish the rates set forth in the City' s contract with Western Waste Industries. He further noted that the City was mandated by the state to parti- cipate in the recycling program. It was noted that the recycling fee was established at $1 . 75 per dwelling unit. Dis- cussion was held on whether the fee should be charged to only those residents currently on the recycling program or to all residences in the City. Mr . Randels spoke in favor of imposing the fee on everyone. Mr . Hoog stated that he did not feel those citizens who were not participating in the program at this time should be assessed the $ 1 . 75 fee . Discussion followed, with several members of the audience voicing their opinions on the recycling fees. Mayor Salamone clarified the issue that the recycling fee was $ 1 .75 for all dwelling units in the City; the trailer parks and the condominiums would be paying the same amount as the single family residents. Discussion continued. Mayor Salamone requested the question be called. Mr . Randels asked for a clarification as to how the recycling fee would be assessed if the Resolution was adopted. Mayor Salamone explain- ed that only the residents receiving the service would pay the $ 1 .75 per month. Vote on the motion for adoption of Resolution No. 89-69 was as follows: In favor; Mr. Hoog and Mayor Salamone; against; Mr. Randels. Motion carried. 5. Resolution No. 89-70 Certifying Results of General Election. A RESOLUTION CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 7, 1989 ; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Resolution. Mr. Randels moved to adopt the Resolution accepting the results of the General Election provided by the Supervisor of Elections of Brevard County. Mr. Hoog seconded the motion. There being no discussion, the Mayor called the question. Vote on the motion was unanimous. 6 . Resolution No. 89-71 Lease Agreement with CCVFD for Fire Equipment and Fire Vehicles A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN EQUIPMENT LEASE AGREEMENT WITH THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Resolution. Mr. Hoog moved for adoption. Mr. Randels seconded the motion. Motion carried unanimously. DISCUSSION Mr. Randels reported on the Drug Forum, Animal Control and the Library and CCVFD activity reports. CITY COUNCIL REGULAR MEETING NOVEMBER 9 , 1989 PAGE 2 OF 3 Mrs. Leeser reported that the Employee Assistance Program was in place and the necessary training of supervisors and orientation of employees was accomplished. Mr. John Murphy questioned the validity of the adoption of Resol- ution No. 89-69 because it was his opinion a majority vote would require three affirmative votes. Mayor Salamone called a recess so City Attorney Theriac could research the City Charter and Roberts Rules of Order. The meeting was reconvened at 8: 51 P.M. Mr. Theriac reported that all that was required was a simple majority of the members voting. Mayor Salamone requested further research on the matter and noted if it was determined . that the vote was invalid, a Special Meeting would be called to reconsider the Resolution. lir There being no further business, the meeting was adjourned at 8: 54 P.M. Approved this 21st day of November , 1989 _ M 1 or r4 0 &t,a9-14).-A.J2 _ s A .i. 4 / `' A, i I s CITY COUNCIL REGULAR MEETING NOVEMBER 9 , 1989 PAGE 3 OF 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ' COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAN :-FIRST N E-MIDDLE NAME NAME OF BOA.gD, COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE 00( � -4- E . 'A✓c I MAILING ADDRESS + 0,-P..4,,y1si) k THE BOARD,COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE ON / 1 7 / ,fWHIC1 Y I SER CNTYNFrOOTHER LOCAL AGENCY CIT (/�Lfl COUNTY NAME OF POLITICAL.SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: // _6) ELECTIVE_ 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 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 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. PAGE I C( I oN\I KH 10-R6 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE 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 STATE OFFICER'S INTEREST 1, JG t 1 , hereby disclose that on //� 19 � / (a) A measure came or will come before my agency which (check one) \7.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: Sow o,•: 8S- sA 7M RS V /14s �La r A ppr v4 )11 Y ' 6 . :"s ;&to1i-y r Date Filed Signature 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