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Home My WebLink AboutMinutes 01-04-1983CITY COUNCIL REGULAR M-2TING JANUARY 4, 1983 A REGULAR MEETING Or THI: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON JANUARY 4, 1983 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR WAYNE RUTHERFORD AT 7:30PH. INVOCATION AND PLEDGE OF ALLEGIANCE WAS LED BY MAYOR RUTHERFORD. THE ROLL. WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, COUNCIL MEhIBERS J. CALVERT, L. HARRIS, L. NIC:OLA3 AND J. 111ITC117,STEP.; CITY ATTORNEY/MANAGER J. SCOTT AND CITY CLERK P. 7ElULI:�U. tIRS. CALVERT t10VED TO :1AIVE THE READIOT O, THE MINUTES OF DECEMBER 21, 1983. ,MRS. IIAP.RI3 SECONDED :10TION. MOTION CARRIED UNANIMOUSLY. UNFINISHED_.BUSI14FSS NCE ITEM 1. CODC11C lAPTER•725-8SECOND READING A"1DIPUBLIC ,HCA RING) MAYOR RUTHERFORD READ. THE TITLE OF THE ORDINANCE AS FOLLOWS: i V ORDI NAt10E AMENDINGCHAPTER 725, "TAXI REG;ILATION", DF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, IIY AMENDING TIIE AMOUNT OF INSURANCE REQUIRED BY TAXICABS IN ORDER FUR TA:iICF.D9 TO OPERATE IALLNPORTIONSCITY OF•F'PIIE CAPE CANAVERAL, FLORIDA; PEPEALING CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. t1AYOR RUTHERFORD EXPLAINED THAT THIS AMENDMENT RELATED TO THE A111OUNT OF PUDLIC LIABILITY It13URANCE REQUIRED F0^r, TAXICABS. THE 3PECIFIC CHANGE WAS FROM $100/30C TO S50/100- MRS. CALVERT MOVED .FOR ADOPTION. MR. l'iINCIIESTER SECONDED :LOTION. NOTION, CARRIED. uNANIaOUSLY. ORDINANCE NO. 22-82 ADOPTED. ITEM 2 RESOLUTION `ON NO- - 1ING lUT�jORI7.ATION ITOGADVERTDATE OISEFIRST ADOPTION OF20:iE IING ORDINANCE CITY COUNCIL MINUTES JANUARY 4, 1983 PAGE 1 OF 5 MAYOR RUTHERFORD READ TIIE TITLE OF THE RESOLUTION AS FOLLOWS: A REGOLUTIOII ESTABLISHING THE DATE FOR THE FIRST AND SECOND PUBLIC HEARINGS REGARDING TIIE ADOPTION OF THE AMEi1DED ZONING ORDINANCE; AUTHORIZING THE CITY CLERK TO ADVERTISE SAID PUBLIC HEARINGS;, PROVIDING AN EFFECTIVE DATE. DISCUSSION FOLLOWED. CITY ATTORNEY SCOTT EXPLAINED THAT TIIIS ZONING CHANGE WAS OF SUCH A MAGNITUDE THAT IT WAS NOT NECESSARY TO MAIL OUT INDIVIDUAL NOTICES SINCE A QUARTER—PAGE 'AD IN THE NEWSPAPER WOULD SERVE. AS NOTIFICATION A WEEK PRIOR TO TIIE MEETINGS. MR.. NICHOLAS PROPOSED JANUARY 18, 1983 AS THE FIRST PUBLIC HEARING AND FEBRUARY 1, 1983 FOR THE SECOND PUBLIC HEARING. MR. NICHOLAS THEN 'IOVED FOR ADOPTION OF RESOLUTION 83-1 WITH THOSE DATES INSERTED IN THE RESOLUTION. MR. WINCHESTER SECONDED NOTION. IT WAS NOTED THAT WORR,SHOPSON. THIS ' SUBJECT WOULD BE HELD ON TIIE THURSDAY PRECEEDING THE PUBLIC HEARINGS. VOTE ON Tilt MOTIOI: ON THE FLOOR CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ORDIPIAIICE NO. 1-83 R PROHIBITING COMMERCIAL FISIf ACK S9ITfI NETS WITHI:1 CANALS III THF. CITY LIMITS (FIRST READING AND PUBLIC HEARING) MYOR RUTHERFORD READ THE TITLE OF TIIE ORDINANCE AS FOLLOWS: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROHIBITING THE TAKING OF FISH FR011 CERTAIN SALT WATER RESIDENTIAL CANALS BY MEANS DTII^R THAN HOOK AND LINE OR CAST NET THRO:IN BY NAND; PROVIDING FOR PENALTIES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HERMITT11; PROVIDING AN EFFECTIVE DANE. MRS. CALVERT MOVED TO APPROVE FIRST REeADING. MRS. HARRIS SECONDED MOTION. ENFORCEMENT OF TIIE PROPOSED ORDINANCE WAS DISCUSSED. CITY ATTORNEY SCOTT INFORMED COUNCIL THAT THIS ORDINANCE. WOULD GIVE TIIE MARINE PATROL A MEANS TO LIMIT CANAL "FISHING BY COMMERCIAL FISI(ERNEN. DISCUSSION FOLLOWED. MRS. CALVERT MOVED TO AMEND' THE TITLE OF TIIE ORDI9ANCE 3Y CHANGING THE TITLE TO READ, "ALL SALT STATER CANALS", INSTEAD OF "CERTAIN SALT WATER RESIDENTIAL CANALS".. MRS. HARRIS SECONDED MOTION. VOTE ON TIIE IMENDMENT CARRIED UNANIMOUSLY, VOTE ON TILS MOTION FOR ,APPROVAL OF FIRST READP:G CARRIED UNi,III2:0USLY. ORDINA!:CE. NO. 1-83 APPROVED FOR FIRST READING WITH AI•IENDED TITLE. CITY COUNCIL MINUTES JANUARY 4, 1983 PAGE 2 OF 5 ITEM 2. h10TION RE: AUTHORIZATION TO ADVERTISE FOR BIDS FOR NBi7 ROOF AT N7rlSTEWATER TAEATTiENT PLeINT MAYOR RUTHERFORD EXPLAINED THAT THE ROOF REFERRED TO IN THIS ITEM WAS THE OLD WASTEWATER TREATMENT PLANT OFFICE AND WAS IPI NEED OF REPAIR. MAYOR RUTHERFORD MOVED TO AUTHORIZE ADVERTISING FOR BIDS. MR. NICHOLAS SECONDED MOTION. DISCUSSION FOLLOWED. IT WAS SUGGESTED THAT A TEN YEAR WARRANTY BE SPECIFIED IN THE DID SPECS. NOTION ON THE FLOOR CARRIED UN.4*IIMOUSLY. ITEM 3. DISCUSSION RE: DUMPSTERS AND SIDEWALKS (PER BEAllTIFICATION DOARD) COUNCIL :IAD A LETTER BEFORE THEN FROM THE BEAUTIFICATION BOARD WHICH ADDRESSED TIIE SUBJECT OF LUhIPSTERS AND SIDEWALKS. MAYOR RUTHERFORD READ THE LETTER ALOUD, W:IICH REQUESTED THAT COUNCIL CONSIDER ADOPTING AN ORDINANCE REQUIRING REMOVAL, BURYING OR SCREENING OF ALL DUMPSTERS. ON THE SUBJECT OF SIDEFIALKS, THE BOARD REQUESTED COUNCIL CONSIDER REQUIRING SIDEIIALKS ALL OVER THE CITY SINCE, AT PRESENT, SIDEWALKS FOR NEW CONSTRUCTION WAS ILINDATORY. CHAIRMAN NCGRAW WAS IN ATTENDANCE AND SPOKE TO COUNCIL REGARDING TIIE REQUESTS IN THE LETTER. C!IF+IW.I,,N MCGRAW SUGGESTED THAT COUNCIL CONSIDER. DELETING THE SIDEWALK REQUIREMENT FOR NEW CONSTRUCTION SINCE SIDEWALKS WrRE NOT CITY—Y7IDE. DISCUSSIONFOLLOWED. .FIRS. CALVERT REQUESTED THAT AN ORDINANCE REQUIRING ENCLOSURE OF DUNPSTERS FOR NEI] CONSTRUCTION BE. PLACED ON THE NEXT WORKSHOP' AGENDA. ITEM 4.. DISCUSSION RE: BREVARD LEAGUE OF tdUNICIPALITICS. RESOLUTION RE: _T:IE AR—cA OF 6CILDIPIG CONSTRUCTION PAYOR RUTIIERFCRD READ THE TITLE: AND EXCERPTS OF A RESOLUTION THAT TIIE BREVARD COUNTY LEAGUE OF h1UNICIPALITIES I':OULD BE CONSIDERING. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION OP THE BREVARD COUNTY, FLORIDA, LEAGUE OF MUNICIPALITIES CONCERNING THE ROLE, RESPONSIBILITIES, AND LIABILITIES OF LOCAL GOVERNMENTS IN THE AREA OF BUILDING CO::STRUCTION. MAYOR RUTHERFORD READ ALOUD THE PARAGRAPHS IN THE RESOLUTION 470GLD Nl ICR MADE RECO:•1!•tENDATIONS. LIE, EXPLAINED THAT THE RESOLUTION CITY COUNCIL MINUTES J;'::UARY 4, 1963 PAGE 3 OF 5 BE COMING UP AT THE LEAGUE'S NEXT MEETING AND HE REQUESTED COUNCIL'S FEELINGS ON WHETHER OR NOT THE RESOLUTION SHOULD BE SUPPORTED. .DISCUSSION FOLLOWED ON THE CITY'S ROLE IN BUILDING. IT WAS DE- CIDED THAT THIS RESOLUTION WOULD NOT BE ENDORSED BY THE CITY. A SUGGESTION WAS MADE TO SEE, WHETHER, OR NOT THE OTHER LEAGUE CITIES SUPPORTED THE RESOLUTION. IF IT WAS SUPPORTED, PERHAPS THE CITY. WOULD REVIEW IT FURTHER. ITEM 5. MOTION RE: BUDGET TRANSFER IT WAS NOTED THAT THIS TRANSFER WAS IN THE AMOUNT OF $400 TO COVER PRINTING COSTS FOR THE NOVEMBER ELECTION AND UPCOMING ADVER- TISING COSTS IN JUNE. THE TRANSFER WOULD BE FROM TRAVEL, SCHOOLS, CONFERENCES AND MILEAGE, ACCOUNT #001-.511-55 TO ELECTIONS, ACCOUNT #001-511-491. MAYOR RUTHERFORD MOVED TO APPROVE THE TRANSFER. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION ATTORNEY SCOTT EXPLAINED TO COUNCIL THAT A SI(ORT TIME AGO THE CITY TERMINATED AN EMPLOYEE AT THE WASTEWATER TREATMENT PLANT. THE FORMER EMPLOYEE HAS HIRED AN ATTORNEY. THE ATTORNEY SPOKE TO ATTORNEY. SCOTT AND INFORMED HIM THAT HE WILL INSTITUTE A FEDERAL LAWSUIT AGAINST THE CITY. THE LAWSUIT WOULD BE IN THE FORM OF A 1983 CIVIL RIGHTS ACTION WITH TWO ELEMENTS. ONE, A SEXUAL HARRASSMENT CHARGE AND ONE A SEXUAL DISCRIMINATION CHARGE. THE FORMER EMPLOYEE'S ATTOR14EY.HAS OFFERED A $2,100 FLAT FEE SETTLEMENT. DESTROYING PAPERWORK THAT WENT INTO THE EMPLOYEE'S TERMINATION WOULD BE ART OF THE SETTLEMENT. MR., SCOTT RECOMMENDED COUNCIL EITHER ACCEPT THE TERNS OF THE SETTLEMENT OR AUTHORIZE HIM TO NEGOTIATE P TERMS. HE FURTHER OFFERED THAT, BASED ON THE MERITS OF THE CASE, THE CITY IS NOT IN ANY PROBLEM WITH THE LAWSUIT, HOWEVER, IT WOULD BE A FEDERAL SUIT AND COULD TAKE ANYWHERE, FROM FIVE TO TWELVE YEARS TO BE DECIDED. ATTORNEY SCOTT INFORMED COUNCIL THAT EXPENDITURES ON THE SUIT WOULD CONSIDERABLY EXCEED THE SETTLEMENT FIGURE., MAYOR. RUTHERFORD MOVED TO ADD AN ITEM TO THE AGENDA ENTITLED "LAWSUIT". MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR RUTHERFORD MOVED TO AUTHORIZE ATTORNEY SCOTT TO SETTLE THE PENDING LAWSUIT FOR THE $2,100 FIGURE. MR. NICHOLAS SECONDED MOTION. CITY COUNCIL MINUTES JANUARY 4, 1982 PAGE 4 O 5 DISCUSSION FOLLOWED AND COUNCIL OFFERED THEIR COMMENTS ON THE PENDING SUIT. MR. SCOTT INFORMED COUNCIL THAT ACI ADMINISTRATIVE REVIEW WOULD TAKE PLACE IF COUNCIL DECIDED NOT TO SETTLE. VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR - MRS. HARRIS AND MR. NICHOLAS; OPPOSED - MRS. CALVERT, MAYOR RUTHERFORD AND MR. WINCHESTER. MOTION FAILED. AT THIS TIME, CHARLES HARTLEY, A RESIDENT OF HOLMAN ROAD, SPOKE TO THE COUNCIL REGARDING THE FACT THAT THE CITIZENS IN THE AREA OF. COSTA DEL SOL WERE NOT NOTIFIED OF THE CITY,'S INTENTION TO CONSIDER THE RE-ZONING ACCOMPLISHED ON ORDINANCE 19-32 AT THE DECEM13ER 21„ 1982 MEETING. ATTORNEY SCOTT IMFORL.D COUNCIL THAT PORTER BALL HAD REQUESTED THAT THE CITY. ANNEX ITIS LOTS AT DECOR PLAZA. THIS ITEM TO BE ON THE NEXT AGENDA. COUNCILMAN WINCH ESTER, SUGGESTED THAT THE COUNCIL CONSIDER REPAVING CITY STREETS WHERE T:IE PAVING IS IN POOR CONDITION,. DISCUSSION FOLLOWED ON THE SUBJECT OF REPAVING. MRS. CALVERT REQUESTED A COUNT OF DUMPSTERS IN THE CITY AND AN ESTIMATE OF HOC•! MUCH IT WOULD COST TO ENCLOSE THEM ON THREE SIDES WITH WOOD. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:17PM. APPROVED THIS DAY OP 1983. l .MAYOR 1/ CITYCLERK li CITY COUNCIL MINUTES JANUARY 4, 1983 PAGE 5'OF 5