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HomeMy WebLinkAbout02-01-1994 Regular MeetingI CITY COUNCIL REGULAR MEETING February 1, 1994 A Regular Meeting of the Cape Canaveral City Council was held on February 1, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present (Late) Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present Deputy City Clerk Susan Chapman Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of January 18. 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of January 18, 1994 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC HEARINGS: 1. Ordinance No. 01 -94, Amending City's Code of Ordinances. Chapter 685, Parking Regulations, to allow the designation of fire lanes. for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 685, PARKING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO AMEND SECTION 685.02, ESTABLISHING NO PARKING ZONES, RENUMBERING PRESENT SECTION 685.06, PENALTIES, AND CREATING NEW SECTION 685.06, DESIGNATION OF FIRE LANES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 01 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 02 -94, Amending City's Code of Ordinances, Section 645.05, Site Plan Submittal and Review Procedures. for second and final reading. Mayor Salamone read the title of the Ordinance. I City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 2 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING SECTION 645.05 "SITE PLAN SUBMITTAL AND REVIEW PROCEDURES" BY ADDING NEW SECTION 645.05(B)(8) PROVIDING THAT THE PLANNING AND ZONING BOARD SHALL ONLY CONSIDER COMPLETED SITE PLAN APPLICATIONS; ADDING NEW SECTION 645.05(B)(9) PROVIDING TIME LIMITATIONS FOR REVIEW OF SITE PLANS PREVIOUSLY DENIED BY THE PLANNING AND ZONING BOARD; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Ordinance No. 02 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No. 03 -94 Amendin Ci i 's Code of Ordinances Section 645.35 Zonin Ordinance Interpretation and Enforcement. by deleting official to interpret zoning regulations, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 645.35, ZONING ORDINANCE INTERPRETATION AND ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL BY AMENDING THE TITLE TO READ, ZONING ORDINANCE ENFORCEMENT; BY DELETING OFFICIAL TO INTERPRET ZONING REGULATIONS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 03 -94 at second and final reading. Mayor Salamone explained that Council did not want the Building Official to be the individual responsible for interpreting the codes and that the codes were to be enforced in the way that they were written. Mr. Nicholas believed that the Building Official needed to be the sole interpreter of the ordinances and by amending the ordinance, Council was subjecting the Building Official to outside influence and pressure to interpret the ordinance the way someone else perceived. Mr. Kancilia advised that the City should not have one individual in the position to potentially bind the City by that persons' decision/interpretation. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Nicholas Against Councilmember Randels For I J City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 3 4. Ordinance No. 05 -94, Amending City's Code of Ordinances. Section 645.31. Reconsideration of Administrative Review. Special Exception or Variance. to clarify the exception of the time period for petitions for reconsideration filed by the City Council, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 645.31, RECONSIDERATION OF ADMINISTRATIVE REVIEW, SPECIAL EXCEPTION OR VARIANCE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO CLARIFY THE EXCEPTION OF THE TIME PERIOD FOR PETITIONS FOR RECONSIDERATION FILED BY THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Ordinance No. 05 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Ordinance No. 06 -94. Amending City's Code of Ordinances, Subsection (J) of Section 624.26. General Standards. to eliminate replacement of structures which do not conform to requirements for Flood Damage Prevention. for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION J. OF SECTION 624.26, GENERAL STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO ELIMINATE REPLACEMENT OF STRUCTURES WHICH DO NOT CONFORM TO REQUIREMENTS FOR FLOOD DAMAGE PREVENTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 06 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Ordinance No. 07 -94. Amending City's Code of Ordinances, By repealing Section 737.11. Signage. for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, I City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 4 FLORIDA, REPEALING SECTION 737.11, SIGNAGE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Ordinance No. 07 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Ordinance No. 08 -94, Amending City's Code of Ordinances, Paragraph (8) of Subsection (B) of Section 729.03 Issuance of Permit to extend the time of conclusion of an outdoor entertainment event, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING PARAGRAPH (8) OF SUBSECTION (B) OF SECTION 729.03, ISSUANCE OF PERMIT, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO EXTEND THE TIME OF CONCLUSION OF AN OUTDOOR ENTERTAINMENT EVENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Ordinance No. 08 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 8. Ordinance No. 09 -94, Amending City's Code of Ordinances, Section 604.02. Prohibiting Consumption or Possession of Alcoholic Beverage. to provide that the City Council may waive the prohibitions of said section. for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 604.02, PROHIBITING CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE THAT THE CITY COUNCIL MAY WAIVE THE PROHIBITIONS OF SAID SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Salamone to adopt Ordinance No. 09 -94 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. I City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 5 NEW BUSINESS: 1. Motion Re: Authorization for City Manager to pursue proposed public access reuse. Motion by Mr. Randels, seconded by Mr. Porter to authorize the City Manager and staff to pursue the design, plan and permitting of the public access reuse system and any associated interlocal agreements that would be required to implement and permit the system. Mr. Boucher advised that he had obtained a copy of a reuse survey that had been proposed earlier which would be sent to all City residents via utility billing lists. Discussion ensued regarding the proposed reuse system. Mr. Nicholas suggested that the reuse proposal with Cocoa Beach include "up to one million gallons of reuse" rather than a set figure of one million gallons and that the reuse contract be short-term. He also wanted the City to pursue the feasibility of Cocoa Beach paying for the pump station connections. Mr. Randels spoke in favor of the reuse program. There was extensive discussion regarding the items which should be discussed during the negotiations with Cocoa Beach and the Port for the proposed public access reuse program. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Motion Re: Proposal for Agreement for Design and Construction Services for the Replacement of Pump Station No. 1. Motion by Mr. Randels, seconded by Mr. Porter to authorize the City Manager to pursue the plan, design and construction of the replacement of Pump Station No. 1 at a cost of $33,047. Mr. Randels addressed questions regarding the Compensation Summary provided by Dyer, Riddle, Mills & Precourt. Mr. Ron Ferland, Vice President of Dyer, Riddle, Mills & Precourt, stated that he would reduce the contract price by 10% ($3,000). He explained that each individual lift station had specific hydraulic, sighting and electrical considerations. Mr. Ferland further explained the main components of the design activity for the pump station. Mr. Berger arrived at the meeting at this time. Mr. Ferland stated that the estimated cost of construction of the pump station was $188,000. Mayor Salamone stated that the motion was for the design and construction services for the replacement of Pump Station No. 1 at a cost not to exceed $30,046. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Motion Re: Request by Lillian Joyce Dulworth to waive storage fee imposed on impounded vehicle. Mr. Kancilia advised that the ordinance which regulated seizing of private property that became effective in April 1993 no longer required an automatic storage fee of $10.00 per day. In the Dulworth case, the City had not incurred storage charges, but it had incurred towing charges of $20.00. Mr. Nicholas questioned if the item should have been handled administratively since no provision existed for Council to waive fees. After an ensuing discussion, Council concluded City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 6 that it was in the City Manager's jurisdiction to handle the matter administratively. Motion by Mayor Salamone, seconded by Mr. Porter to instruct the City Manager to take care of the matter. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Motion Re: Reimbursement of expenditures incurred by Mayor Pro Tem John Porter in defense of ethics complaint. Motion by Mayor Salamone, seconded by Mr. Berger to authorize the reimbursement of expenditures incurred by Mayor Pro Tem Porter in defense of ethics complaint in the amount $2,507.55. Mayor Salamone read the outcome of the complaints: "Accordingly, these complaints are dismissed with the issuance of this public report". Mr. Kancilia stated that one of the considerations in the reimbursement of travel expenses was the City's travel policy which limited the amount of travel expenses that a Councilmember or a member of City staff may incur. There was discussion regarding the travel expense limitations and whether or not the limitations should apply to the reimbursement of expenditures incurred by Councilmembers in defense of ethics complaints. Motion by Mayor Salamone, seconded by Mr. Berger to amend the motion to reimburse the expenditures of Mayor Pro Tem Porter in compliance with the City's travel policy. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Abstained Councilmember Berger For Councilmember Nicholas For Councilmember Randels For Motion carried on the main motion with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Abstained Councilmember Berger For Councilmember Nicholas For Councilmember Randels For Mayor Pro Tem Porter expressed his opinion that people who file charges against public officials should be somewhat responsible for the outcome. He stated that if he had been found guilty under Florida law then he would have borne the total costs, but when people made false accusations and placed others under this type of expense then the responsibility for the expenses should be on the accusers and not on the City. Mayor Salamone stated that Mr. Kancilia would I City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 7 be instructed to retrieve the funds from the individuals who had initially made the charges. She also felt that since the case was totally dismissed without issuance, that Mr. Kancilia needed to pursue legal action against the individuals quickly to reimburse the City for the expenses. Mr. Bob Hoog questioned why the City had removed spouses and family members from City Boards. Mayor Salamone stated that the City had not removed any members from City Boards and she explained the events that had led up to the referendum issue on the nepotism question being placed on the election ballot. She explained that the referendum totally forbid married volunteer Board members from serving on two different City Boards. She stated that she had asked Mr. Kancilia to determine whether or not the City could present a referendum issue to the voters in November to ask that the City follow the State nepotism provisions which were less stringent than the City's current charter provision regarding nepotism. 5. Motion Re: Reimbursement of expenditures incurred by Councilmember Rocky Randels in defense of ethics complaint. Motion by Mayor Salamone, seconded by Mr. Nicholas to authorize the reimbursement in accordance with the City's travel policy of expenditures incurred by Councilmember Rocky Randels in defense of ethics complaint in the amount of $1,957.25 which was dismissed with the issuance of the Ethics Commission public report. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels Abstained Mayor Salamone asked the City Attorney to aggressively pursue legal action aimed at reimbursing the City for its expenses. 6. Resolution No. 94 -03, Approving the final pl t of Cape Gardens. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "CAPE GARDENS "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to approve Resolution No. 94 -03. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. I City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 8 7. City Manager's Report. Mr. Boucher referenced his memo regarding the status of the sewage franchise agreement negotiations with Canaveral Port Authority. The City had requested that the Port pay a reserve capacity fee in the amount of $1,859,966 to reserve 250,000 gallons per day of sewage capacity. Mr. Boucher stated that he had come to an impasse with the Port staff. He stated that the Port's Director of Engineering had advised that he would recommend to his Board that the Port pursue the permit and design of its own wastewater treatment facility. He stated that if the Port was taking that stand that the Council should tell Mr. Ferland to design the City's facility without the Port's participation in the system. Mayor Salamone stated that she had met with Mr. Joe Lapolla, Canaveral Port Authority, and that he had stated that the City's financing of the $1.8 million over a 30 year period would not affect the sewer base rate charged to City residents /businesses. She asked the Port to show that scenario to the Council and explained that the City had also been looking at a wholesale sewage agreement. She stated the City had not completely stopped negotiations with the Port. Mr. Nicholas commented that he felt the City should put the Port on notice that the City intended to terminate its contract with the Port prior to the year 2000. There was further discussion regarding the continuing negotiations with the Port, the up -front funds required by the City, the quality of the Port's sewage being discharged into the City's treatment system, and the possibility of the Port constructing its own treatment system. After a ten - minute break, the meeting was reconvened. Mr. Boucher advised that the recodification of the City's Code of Ordinances would be delayed by one month; but all of the ordinances adopted through Ordinance No. 09 -94 (since the proofs were returned to Municipal Code) would be included in the new Code free of charge. Mr. Boucher stated that City department heads traveled to Orlando to receive the 1993 Excellence in Safety Award presented to the City for outstanding performance and dedication to job safety by the Central Florida Chapter of the National Safety Council. Mayor Salamone stated that Council sincerely appreciated the employees' safety efforts. DISCUSSION: 1. Mr. Kancilia addressed the issue of regulating the landing and flying of helicopters within the City. The Federal Aviation Act effectively prohibited the City from attempting to regulate the flying of aircraft over and about the City including regulating the height at which aircraft may fly. State statutes did provide that the City could regulate the location of heliports within the City through its zoning powers. Mr. Nicholas questioned if the City could control through its zoning where the helicopters could land and Mr. Kancilia would research the matter further. I City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 9 2. Mrs. Chapman advised that Council needed to schedule a special Council meeting to continue review of the Personnel Rules & Regulations. Council concurred to schedule the special workshop meeting for Tuesday, February 22, 1994, from 6:00 p.m. to 8:00 p.m. 3. Mr. Nicholas commented that the Mayor and Councilmember Randels should be given replacement Council packet folders. Mayor Salamone asked that new folders be ordered. 4. Mr. Porter advised that Nancy Hanson's youngest brother had recently passed away and he suggested that Council send flowers. Council concurred to send flowers. 5. Mayor Salamone asked that Mr. Bob Hoog's letter regarding his consideration for appointment to the Planning & Zoning Board be scheduled for the next workshop meeting agenda. She expressed Council's appreciation to Mr. Hoog for his willingness to serve on the Board. 6. Mayor Salamone questioned whether or not Robert Abbott had filed an appeal. Mr. Kancilia stated that the deadline was February 3, 1994, and to his knowledge no appeal had been filed as of that date. 7. Mr. Randels distributed handouts to Council relative to the allocation of the Local Option Tourist Development Tax. 8. Mr. Randels advised that Keep Brevard Beautiful had extended a challenge to all municipal entities within the County to see who could collect the most trash. Trash Bash Day was scheduled for April 16, 1994. 9. Motion by Mr. Randels, seconded by Mr. Nicholas to add an item to the agenda. Mr. Randels explained that City staff and the City Attorney had meet with Mr. Ali Tezel and his attorney regarding the Discovery Bay development. He stated that even after installing the road to the City's specifications, the developer could not market or sell the first lot because there was no public access to the land. Mr. Randels stated that the issue came about because previously the City had said or alleged to have said that it would extend Tower Boulevard. He explained that the add -on item would be for Council to consider furnishing or creating, designing and building a portion of Tower Boulevard to gain access to the Discovery Bay development. Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas For Councilmember Randels For le • City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 10 Motion by Mr. Randels, seconded by Mr. Porter that the City construct approximately 300' of the beginning of Tower Boulevard that picked up from where Tower Boulevard currently ended on the western end and proceeded to the first entrance of the Discovery Bay development. Mr. Randels further explained his proposal and stated that currently Tower Boulevard ran west from Astronaut Boulevard and stops just past the Cape Sierra property. He was proposing that the City extend the road going westerly to the easternmost entrance (approximately 300') to allow the developer access to the property. He stated that the City required a developer to pay for the roads within the development and that it was the City's responsibility to provide a road to the development. Mr. Randels stated that the funds for the road were available in the City's current budget for FY 95/96. He expressed his opinion that it was the City's responsibility to provide the road to allow access to and from the development. Mayor Salamone stated that the developer should pay for the road as part of his development. Mr. Ali Tezel, Discovery Bay developer, stated that it was his understanding when the property was purchased that there were certain conditions to be met and that once those conditions were met the City would be responsible for paving Tower Boulevard. Mr. Kancilia explained that Mr. Tezel alleged that there was an agreement between the City in 1989 when Mr. Luis Lorie owned the property that stated that the City would construct Tower Boulevard. He stated that Mr. Tezel obtained ownership of the property subject to the conditions that Mr. Lorie had at the time. He stated that one of the conditions had been that the City vacate one of the right -of -ways so that the developer could proceed with the development in exchange for the City's vacation of the right -of -way, Mr. Tezel had agreed to move utilities. Mr. Kancilia read a portion of a letter dated August 29, 1990, written by Mr. Boucher regarding the Discovery Bay project: "You voiced concern over the delay in the construction of Tower Boulevard and noted that there was 500 feet that needed to be constructed to provide ingress /egress to your project. It was pointed out that we could not give you a firm date for construction because of problems encountered with the City's attempt to bid the engineering design work. We also noted that until the project is designed and the construction bids received, there is no assurance that the City will have the necessary funds for construction. You requested that the City consider constructing the road in phases with Phase I being the construction from A1A to the Sewer Plant." Mr. Kancilia stated that allegedly there was another document that created a firm undertaking on the part of the City which he had not seen. He stated that the City had entered into agreements with other developers concerning construction of roads. Mr. Porter questioned the total value of the project. Mr. Tezel stated that he had a conditional permit which clearly stated the City's intent and he had met all the conditions imposed by the City. Mr. Jim Peeples, Attorney for Mr. Tezel, stated that the building permit for the project referenced the conditions listed in the August 1990 letter. Mr. Kancilia stated that he did not interpret the letter as making a firm commitment on the City's behalf to build the road. There was further discussion regarding the conditions imposed on the development. Mr. Peeples stated the homes to be constructed on the dry lots would be valued at $200,000 - $225,000 and the homes on the riverfront lots would be valued at $400,000 (25 homes total). City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 11 Discussion followed regarding whether or not it was the City's responsibility to provide access to the development. Mr. Nicholas commented on the local option gas tax, its value and use to the City. Mr. Randels explained that his intent was to present the problem to Council and to attempt to come up with a consensus /method for the developer to continue on with his development. He read a Quit Claim Deed which deeded the Tower Boulevard property to the City from Shuford Mills and which stated that no special assessments would be made against the property for the cost of road installation, paving and maintenance. Mayor Salamone stated that the Deed referred to only Shuford Mills, not homeowners within the development. There was additional discussion regarding the basic history of the proposed Tower Boulevard improvements. Mayor Salamone stated that funds had been budgeted for improvements to the portion of Tower Boulevard that ran to the sewer plant for the FY 95/96. Mr. Porter stated that the City should be encouraging these type of developments. Mr. Randels explained his purpose for bringing the issue to Council. Mayor Salamone commented that infrastructure needs should be a partnership between what developers wanted and the needs of the City. Mr. Tezel commented that it was his understanding that once all the contingencies had been met the City would construct the road to his development. He stated that he had proposed that a cul -de -sac be placed at the end of Tower Boulevard to allow access at a cost not to exceed $10,000 and then when funds were available the complete construction of Tower Boulevard could be accomplished. Mr. Kancilia stated that the project design included entries on the eastern and western portion of the development, both of which access Tower Boulevard and that allowed a through street to the development and Mr. Tezel stated with the through street he would have to have all of Tower Boulevard constructed from A1A to the road bend. He stated that Mr. Tezel's proposal was that if the City agreed to put in a road to the easternmost entrance, he would place a cul -de -sac on the western part so that there would be only one entry in and out. Mayor Salamone stated that Council could not make a decision that evening due to a lack of information regarding the proposed cul -de -sac, costs involved, etc. and she asked that the City Manager submit additional information for Council's consideration. Mr. William Bennix encouraged Council's support of the Discovery Bay project and cooperation with the project's developers. Mr. Tezel questioned if the Council would approve of his construction of 300' of roadway to the eastern entrance of the development. Mr. Kancilia stated that the 300' of roadway was contingent upon the cul -de -sac. Mayor Salamone asked the City Attorney, City Manager and Building Official to meet with Mr. Tezel to explain exactly what else needed to be done in order to get his project underway. Mr. Tezel explained that he had done everything that was required as contingencies of the site plan. Mr. Kancilia stated that it was not the City Attorney's nor the City staff's job to point out step -by -step each task that must be accomplished by Mr. Tezel in order to get his development constructed. Mayor Salamone commented that due to all the problems regarding the project it was only appropriate to ask the three (3) individuals to work out the details with Mr. Tezel. I City of Cape Canaveral, Florida Regular City Council Meeting February 1, 1994 Page 12 Mayor Salamone commented that she felt it was fair and equitable to ask developers to construct the infrastructure. Mr. Berger stated that he had served on City boards for seven (7) years and he remembered conversations regarding Discovery Bay in depth. He stated that he remembered giving the developer the impression that if the developer upgraded the sewer main, the City would work with the developer and the City would construct Tower Boulevard. Mr. Berger stated that it was in the best interests of the City to construct Tower Boulevard and to help the developer as much as possible. He expressed his support of the City paying for the road. Mr. Nicholas stated that it was his understanding that the relocation of the utilities was not for the City's benefit; that it was because the developer wanted the utilities moved to allow more development of the northeastern portion of the property. He did not feel that it was unreasonable to provide the access to the Discovery Bay property. Mr. Tezel reiterated his position regarding the project. Mr. Randels withdrew his motion. Mayor Salamone stated that the City did not have available funds to pave Tower Boulevard and she suggested that Mr. Tezel work with the City Manager and Building Official to determine the steps necessary to complete the project. ADJOURNMENT: There being no further business, the meeting adjourned at 9:50 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR _ &OUNTZ MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L. AME- FIRST NAME - MIDDLE NAME Porter, John K. MAILING ADDRESS 105 Polk Avenue NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE Cape Canaveral City Council CITY Cape Canaveral, FL 32920 COUNTY Brevard THE BOARD, COUNCIL COMMISSION. AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: XI CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY DATE ON WHICH VOTE OCCURRED February 1, 1994 NAME OF POLITICAL SUBDIVISION: City of Cape Canaveral MY POSITION IS: XI 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. 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 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed 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 (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father -in -law, mother -in- law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. .OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH VOTE WLL BE TAKEN: • You must 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 must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 88 -10-91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before pa'rticipating' • You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. •. , Jhr) ?or DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on s+ ,199J • (a) A measure came or will come before my agency which (check one) inured to my special private gain; - inured to the special gain of my business associate, - inured to the special gain of my relative, inured to the special gain of , by whom I am retained; or - inured to the special gain of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: m Ua (,xis `� �tte.r% on ev.,5 n CW r > —1 PAQ-- 0� ,( e-: nn opu ,��� \o Date Filed ignature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), 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 - 10-91 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR SIOUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS IE- FIRST NAME- MIDDLE NAME NANCE OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Randels, Rocky Cape Canaveral City Council MAILING ADDRESS 105 Polk Avenue CITY COUNTY Cape Canaveral, FL. 32920 Brevard THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X7 CITY O COUNTY 0 OTHER LOCAL AGENCY DATE ON WHICH VOTE OCCURRED February 1, 1994 NAME OF POLITICAL SUBDIVISION: City of Cape Canaveral MY POSITION IS: ti 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. 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 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed 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 (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wifc, father -in -law, mother -in- law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowncr of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the naturc of your interest in thc measure on which you arc 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: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the naturc of the conflict before making any attempt to influence thc decision, whether orally or in writing and whether made by you or at your direction. IF Allk INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T TE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the mecting,,who will incorporate the form, in the minutes. • A copy of thc form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. :E FORM 8B - 10-91 PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in,the'measure before participating: ' IP • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mtnjutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read ublicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, a ®ck\-1 QaA/s-gwed- , hereby disclose that on (a) A measure came or will come before my agency which (check one) X. inured to my special private gain; - inured to the special gain of my business associate, - inured to the special gain of my relative, - inured to the special gain of , by whom 1 am retained; or - inured to the special gain of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: (Ter. 0-,(1 cZ Vas k),1 of (G, � r Date Filed Signature: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIREb 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 - 10-91 PAGE 2