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HomeMy WebLinkAbout06-03-1997 Regular Meeting1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 03, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski Recreation Director, Nancy Hanson PRESENTATIONS: Mayor Porter and Mayor Pro Tem Randels presented a Mayor's Award plaque to Wallace C. "Wally" Homer, for his long tenure and dedicated service as an employee of the city, Mayor Porter and City Clerk, Sandra Sims presented a Mayor's Award plaque to Hilda Braley, for her endless hours of volunteer service in the Clerk's office. Ms. Braley has entered thousands of documents into the new optical imaging system that provides information retrieval in seconds. Mr. Jim Hale, Beautification Board member, presented the Spring/Summer Beautification Awards as follows: Residential Multi-Family Commercial Gerald Toner Jefferson Arms Sheldon Cove 104 Washington Avenue 610 Jefferson Avenue 8810 Astronaut Boulevard Ms. Judy Hale accepted the award for Mr. Toner who was unable to attend. She reported that Mr. Toner is legally blind and still maintains his property beautifully. aA«cy ,nes i9mos- 03.97.doc 1 1 City Council Regular Meeting Agenda June 3, 1997 Page 2 Don and 11/lillie Wright accepted the award for the 35 -year old Jefferson Arms building. They commended the Council for the continual beautification strides the city has made over the past three years. Mr. Bill Mays, owner of Sheldon Cove, accepted the award for improvements made on his property. CONSIDERATIONS: 1. (Tape 1, 436) A motion was made by Mr. Randels and seconded by Mr. Bruns to accept and implement the Long Point Park design as recommended by the Recreation Board, in an amount not to exceed $25,000. Council concurred that the design is a good compromise to provide a playground area and equipment to children while providing a park area for adults. The motion passed 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 2. (rape 1, 723) A motion was made by Mr. Randels and seconded by Mr. Hernandez to approve the sole source purchase from Communications Concepts, Inc. to produce a marketing video for the City. The purchase is considered sole source according to the following fact: the business retains video footage already available for the city's video that also decreases the cost. An amending motion was made by Mr. Randels and seconded by Mayor Porter to fund the marketing video with Commercial Development Board budgeted funds. Another amending motion was made by Mr. Randels and seconded by Mayor Porter to fund 100 copies of the video and share the video footage with Roger Wolfe and the Economic Development Council to promote Cape Canaveral. The second amending motion passed 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. The first amending motion passed 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion passed 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. 13. (Tape 1, 1295) A motion was made by Mr. Randels and seconded by Mr. Petsos to approve the Interim Agreement and Master Agreement for Intergovernmental Radio System Penalties with Brevard County. City Manager, Bennett Boucher, explained that the county will receive 20 percent of the funds collected and the Sheriff will collect 80 percent to fund and support the 800 MHz communications system. The motion passed 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 14. (rape 1, 1378) A motion was made by Mr. Randels and seconded by Mr. Bruns to appropriate $3,500 for the purchase of a 1994 Toyota Pickup Truck for the Building Department, a Sheriffs Department forfeiture vehicle with the payoff due Nations Bank. Mr. Hernandez stated that he will abstain from the vote and file a Conflict of Interest Form because the person 1 1 1 City Council Regular Meeting Agenda June 3, 1997 Page 3 from whom the vehicle was confiscated is his client. The form is attached and made part of the minutes. City Manager, Bennett Boucher, stated that the retail price for the truck is $11,075 and the Blue Book price is $8,000. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, Abstained; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCES - SECOND READING: 15. (Tape 1, 1411) Mayor Porter read a faxed letter from the applicant requesting that Ordinance No. 02 -97 and Ordinance No. 03 -97 be postponed until June 17, 1997. AN ORDINANCE OF [HE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M -1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"'; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Petsos to postpone Ordinance Nos. 02 -97 and 03 -97 until June 17, 1997 as requested by Time Warner Cable. The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Ordinance No. 03 -97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97 -1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. REPORTS: City Manager - Bennett Boucher (Tape 1,1492) • Mr. Boucher suggested that Council schedule a workshop to discuss the Sheriffs contract and budget requirements. Council concurred to schedule an early meeting at 6:00 p.m. to establish a consensus for the level of service and invite the Sheriffs Department to join at 7:00 to discuss the cost requirements for the city's outline for level of police service. June 24 and June 26 were suggested to submit to the Sheriffs Department for workshop dates. The City Manager will notify Council of the confirmed date. 1 1 1 City Council Regular Meeting Agenda June 3, 1997 Page 4 Audience (Tape 1, 2141) Mr. Jim Hale reported that lifeguards did not have a stand last year, they were required to sit on crossover rails. He queried if Council could intervene with the county to get proper stands for them while they are on duty. Council concurred that Mr. Boucher and Mr. Randels should contact the county to urge provision for lifeguard stands. City Clerk - Sandra Sims No Report. City Attorney - Kohn Bennett No Report. Mayor Pro Tem - Rocky Randels (Tape 1, 1412) • Mr. Randels reported that he represented the city at a statewide meeting with Water Management Districts, Department of Commerce, Department of Environmental Protection and Regional Planning Council representatives to discuss growth in Florida affecting land and water. • Mr. Randels submitted a tree whip device to place around trees to protect them from weed eating wires. • Mr. Randels reported that Cocoa Beach representatives are asking other Brevard cities to join the county ordinance regarding sexually oriented businesses. City Attorney, Kohn Bennett, stated that research should be done to be certain the city does not limit itself to abide only by the county's decision. He will report back to Council on the matter. Council Member - Buzz Petsos (Tape 1,1776) • Mr. Petsos queried if the Annex would be painted before the July 2 Wednesday Friendsday event? Mr. Boucher replied that it will be done. Council Member - Tony Hernandez (Tape 1,1832) • Mr. Hernandez reported that the Little League closing ceremony was fantastic and that the Senior Boys will play Indian River County in the first game of the playoffs. Council Member - Burt Bruns No report. Mayor - John Porter (rape 1, 1970) • Mayor Porter reported that Nancy Houston, of the Florida Department of Transportation has approved the reimbursement request for funding the Canaveral Creek Pedway Bridge. • Mayor Porter requested that the Resolution urging funds from the Canaveral Port Authority and the Tourist Development Council to fund Beach Renourishment. 1 1 City Council Regular Meeting Agenda June 3, 1997 Page 5 There was no further discussion and the meeting adjourned at 8:20 p.m. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME f:.P r' 1- its , _,, MAILING ADDRESS crrC ,_ '111 d1 r DATE ON WJ1CH VOTE OCCURRED COUNTY 77: NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY,,OR COMMITTEE r1 THE BOARD, COUNCIL, COMMISSION, AUTHORFFY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: crrcrry O COUNTY D OTHER LOCAL AGENCY 7 NAME OF POLITICAL SUBDIVISION: MY POSITION IS: 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 voting on 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 or her 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 or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she 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 corpo- ration 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 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. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict n the measure before participating. • You must complete the form and file it within 15 da, = after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the f rm 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, /: ° ) A /,-.? "J 1L _- • , % he - by disclose that on ±/ ,) — .19 : / , (a) A measure came or will come before my agency w • (check one) inured to my special private gain; _ inured to the special gain of my business associ te, _ 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 pri cipal which has retained me. (b) The measure before my agency and the nature of y conflicting interest in the measure is as follows: �' -( Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA .TATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR • • MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSIO FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY OT TO EXCEED $5,000. CE FORM 8B - REV. 1/94 PAGE 2