HomeMy WebLinkAboutMinutes 06-21-1983CITY COUNCIL
REGULAR MEETTING,
JUNE 21, 1983
A REGULAR MEETING OF THE CITY COUNCIL
OFAT`THE
CITY
TY HALL C105
CANAVERAL, FLORIDA WAS HELD ON JUNE 21,
1983 POLK AVENUE, CAPE CANAVERAL, FLORIDA -
THE MEETING WAS CALLED TO ORDER BY MAYOR RUTHERFORD AT
7:30 P.M -
INVOCATION AND PLEDGE OF ALLEGIANCE WAS LED BY MAYOR
RUTHERFORD,
THE ROLL WAS CALLED BY THE CITY CLERK-
WERE
LERK . OFFICIALS PRESENT
WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. HARRIS,
L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT. WERE CITY ATTORNEY/
tfANAGER J. SCOTT, CITY CLERK P. 13EAULIEU AND SERGEANT -AT -ARMS,
DEPUTY LEWIS.
MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
.JUNE 7, 1983. MRS. HARRIS SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
NEW BUSINESS
ITEM 1• REGARDING CITY 6-83 t4ANAGER• SPLACING FUNCTIONSAONE T{EMENDMENTS
88 198TFIRST READING 6
CITY ATTORNEY SCOTT EXPLAINED THAT CHANGES SUCH AS CHANGE
ERNMENT WOULD REQUIRE A REFERENDUM VOTE.
IN THE CITY'S FORM OF GOV
TITLE. MAYOR RUTHERFORD
COUNCIL HAD BEFORE THEM AN ORDINANCE
READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
CAN ANAVERALNC FLORZDATTING TO THE F CAPE
A PROPOSED AMENDMENT ToRS OF ARTICLE HE CITY p11I,
SECTION 2, ARTICLE VIII, ARTICLE XI, ARTICLE XIII, ARTICLE,
CHARTEI
G VERNMENTLFROM AF STRICTLY THE YCOUNCIL/MAYORGFORM ING T OF GOHE VERN-
MENT TO A CITY
MANAGER -OM1' OF CpVERY"�•1E` I ESTABLISHING
THE LANGUAGE FOR THE PPOPOSED APfENDMENT, IN THE REFERENDUM;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT 11EREWITf1;
PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED TO APPROVE FIRST READING. MRS. HARRIS
SECONDED MOTION.
DISCUSSION FOLLOWED REGARDING THE FACT THAT AT PRESENT COUNCIL
APPOINTS CITY OFFICIALS AND DEPARTMENT HEADS AND AS �RPED APPROVES
'THEIR SALARY INCREASES. THIS PROPOSED ORDINANCE,, -
TITLE ONLY, WOULD PLACE THIS REFERENDUM QUESTION ON THE BALLOT
IN NOVEMBER AND IF APPROVED BY THE ELECTORS, THE HIRING AND DIS-
MISSAL OF DEPARTMENT HEADS AND CITY OFFICIALS WOULD BE THE FUNCTION
R. FURTHER DISCUSSION FOLLOWED AND IT WAS
OF THE CITY t•UINAGE
LD BEDISCUSSED IN DETAIL AT
DROUGHT OUT THAT THIS ORDINANCE WOU.
THE NEXT WORKSHOP AND PERHAPS SOME FUNCTIONS WOULD DE CHANGED
PRIOR TO ADOPTION OF THE ORDINANCE, ON SECOND READING.
CITY COUNCIL MEETING
JUNE 21, 1983
PAGE 1 OF 4 AND
ATTACHMENT
VOTE ON THE MOTION ON THE FLOOR TO APPROVE FIRST READING
WAS AS FOLLOWS:. IN FAVOR, MRS. CALVERT, MRS. HARRIS AND MAYOR
RUTHERFORD; OPPOSED, MR. NICHOLAS AND MR. WINCHESTER. FIRST
READING APPROVED.,
ITEM 2. RESOLUTION NO. 83-37 RE: APPOINTMENT OP LIBRARY.
IIOARD MEMBER
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
HE LIBRARY
BOARDOOF THE CITYIOFICAPE , CANAVERAL, FLORIDAGULAR MEMBER TO ; PROVIDING
AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MR. NICHOLAS SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. WITH THE ADOPTION OF THIS
RESOLUTION, MR. CHARLES KRATZENBERG WAS REAPPOINTED TO THE
LIBRARY BOARD.
ITEM 3. VRE
ONO. 83
LUNTEERN FIRE DEPARTMENTPENSION PLAN FOR
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT MEMBERSHIP IN THE CITY OF CAPE CANAVERAL PENSION
O EXECUTE
NECESSARYIIORIZING HMAYOR NI TY CLERK T
DOCUMENTS EFFECT THE ELECTION;PROVIDING 'ANL
EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION. DISCUSSION FOLLOWED. IT. WAS NOTED THAT THE CITY WAS
REQUIRED BY STATE LAW TO PROVIDE A PENSION PLAN FOR VOLUNTEER
FIREFIGHTERS. THIS PLAN WOULD BE ADMINISTERED BY THE PRESENT
.PLAN ADMINISTRATOR. THE COST FIGURE ESTIMATED BY MR. SCOTT FOR
THE NEXT YEAR FOR THIS PLAN WOULD BE APPROXIMATELY $1,500.
VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF THE RESOLUTION
CARRIED UNANIMOUSLY.. COUNCILWOMAN CALVERT HAS FILED A FORM 4,.
CONFLICT OF INTEREST, REGARDING HER VOTE ON THIS RESOLUTION. FORM
4 IS ATTACHED TO THESE MINUTES.
ITEM 4•. FIEMBERTTONPLANNING3ANDEZONINGIBOARDT OF ALTERNATE
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING AFIRST ALTERNATE MEMBER TO THE
PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
MOTION. IT WAS NOTED THAT THE PLANNING AND .ZONING BOARD HAD,
RECOMMENDED MR. KEARNS FOR THIS APPOINTMENT. MOTION CARRIED
UNANIMOUSLY.. WITH THE ADOPTION OF THIS RESOLUTION, MR. THOMAS.
KEARNS WAS APPOINTED AS ALTERNATE MEMBER TO THE PLANNING AND
ZONING BOARD.
ITEM S.. RESOLUTION N0. 83-40RE: REQUESTING BREVARD COUNTY
LIBRARY BOARD INCREASE CAPE CANAVERAL'S BOOK
ALLOCATION MONIES IN 1983-84.BUDGET
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION REQUESTING THE BREVARD COUNTY BOARD OF
COMMISSIONERS AND BREVARD COUNTY LIBRARY BOARD TO RE-EVALUATE
THE PROPOSED
YEAR 83/84, AND RINf1 PARTICULARE CAPE , THE ERAL LIBRARY FOR E
THE BOOK ALLOCATION
FISCAL
MONIES; PROVIDING AN EFFECTIVE DATE.
CITY COUNCIL MEETING
JUNE 21, 1983
PAGE 2 OF 4 ;,ND
ATTACHMENT
MRS. CALVERT MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
NOTION.
DISCUSSION FOLLOWED REGARDING THE WORDING OF THE RESOLUTION.
IT WAS DECIDED TO, ADOPT THE RESOLUTION AS WORDED. MOTION ON THE
FLOOR FOR ADOPTION OF THE RESOLUTION CARRIED UNANIMOUSLY.
ITEM 6. MOTION RE: AUTHORIZING CITY ATTORNEY TO PROCEED
WITH THE DECLARATORY JUDGMENT RE: MOSHER VS.
CITY OF CAPE CANAVERAL
CITY ATTORNEY SCOTT NOTED THAT SOMETIME AGO THE CITY WAS
CONTACTED BY MS. MOSHER'S ATTORNEY, LEWIS PEARCE, REGARDING THE
RE -ZONING OF HER. LOT ON LONGPOINT ROAD TO R-1. MR. PEARCE WAS
IN THE PROCESS OF SUING THE CITY ALLEDGING THAT MS. MOSHER'S LOT
WAS IMPROPERLY RE -ZONED TO R-1 FROM R-3. AT A RECENT MEETING
BETWEEN ATTORNEY SCOTT AND ATTORNEY PEARCE, THE POSSIBILITY
OF PROCEEDING WITH DECLARATORY JUDGMENT HAD BEEN DISCUSSED.
THE CITY WOULD BE STIPULATING TO THE FACTS AND PRESENTING THEM
TO THE JUDGE, ALLOWING HIM TO MAKE THE DECISION. MR. .SCOTT
EXPLAINED ,THAT BASICALLY THIS MATTER WAS REVOLVING AROUND THE
EFFECT OF THE ATTORNEY GENERAL'S OPINION STATING THAT THE ZONING.
ORDINANCE MUST COMPLY WITH THE COMPHREHENSIVE LAND USE PLAN AND
AT THE TIME THAT THIS WAS GOING ON,THAT'AREA IN THE COMPHREHENSIVE
PLAN WAS COLORED DEPICTING MULTI -FAMILY. MR. SCOTT'S CONCERN WAS
TO ATTEMPT TO KEEP THE AREA INVOLVED IN THIS SUIT CONFINED, TO JUST
MS. MOSHER'S LOT AS OPPOSED TO. ALL OF LONGPOINT, ROAD OR. THE ENTIRE
ZONING ORDINANCE. MR. SCOTT REQUESTED THAT COUNCIL AUTHORIZE HIM
TO ENTER INTO A DECLARATORY JUDGMENT AND LET AJUDGE DETERMINE
WHAT THE LOT SHOULD BE ZONED. MAYOR RUTHERFORD SO MOVED. MRS.
CALVERT SECONDED MOTION.
AT THIS TIME, MR. BECKER.SPOKE TO COUNCIL. AND EXPRESSED HIS WOV-ERNS
FOR THE LONGPOINT ROAD AREA AND VOICED HIS DESIRE TO KEEP THAT AREA
AS R-1.
FURTHER DISCUSSION FOLLOWED BETWEEN OTHER RESIDENTS FROM
LONGPOINT ROAD AND THE COUNCIL. ALL LONGPOINT ROAD RESIDENTS IN
THE AUDIENCE VOICED THEIR OPINIONS ON THIS SUBJECT AND WERE IN
FAVOR OF R-1 FOR LONGPOINT ROAD AND REQUESTED THAT COUNCIL NOT
CONSIDER A DECLARATORY JUDGMENT, FOR THIS ONE PARCEL BUT INSTEAD,
CONSIDER A RULING ON THE ENTIRE ZONING ORDINANCE.
THE LONGPOINT ROAD RESIDENTS FURTHER REQUESTED THAT COUNCIL
PURSUE AN APPEAL TOA HIGHER COURT IF THE DECLARATORY JUDGMENT
DID NOT RULE IN FAVOR OF R-1 FOR MS. MOSHER'S LOT. DISCUSSION
FOLLOWED REGARDING THIS POINT..
VOTE ON THE MOTION ON THE FLOOR TO AUTHORIZE CITY ATTORNEY
SCOTT TO PROCEED WITH 'A DECLARATORY JUDGMENT WAS AS FOLLOWS:
IN FAVOR, MRS. CALVERT, MRS. HARRIS AND MAYOR RUTHERFORD; OPPOSED,
MR. NICHOLAS AND MR. WINCHESTER. MOTION CARRIED.
CITY COUNCIL MEETING
JUNE 21, 1983
PAGE 3 O 4 AND
ATTACHMENT
ITEM 7. MOTION RE: ARMY CORPS OF ENGINEERS - CITY'S
PROPERTY ON LONGPOINT ROAD
MAYOR RUTHERFORD EXPLAINED THAT THE CORPS OF ENGINEERS
CONSIDERS THE END OF LONGPOINT ROAD AS WETLANDS. HOWEVER, IT
WAS POINTED OUT THAT THE AREA HAD PLATTED LOTS AT THE END AND
MOSQUITO CONTROL DITCHES HAD BEEN, DUG RESULTING IN MANGROVES
FOLLOWING THE DITCH AREA. A MOTION WOULD DIRECT THE CITY ATTORNEY
TO TALK TO THE ARMY CORPS OF ENGINEERS REGARDING THE CITY'S
POSITION THAT THIS AREA WAS NOT WETLANDS.
DISCUSSION FOLLOWED ON THE FACT THAT THE CITY HAD ALLOWED
NON-PUTRESCIBLE MATERIALS TO DE DUMPED IN THE AREA IN THE HOPES
THAT A PASSIVE PARK WOULD EVENTUALLY BE ESTABLISHED ON THE SITE.
HOWEVER, THE CORPS HAD ORDERED THE CITY TO CEASE AND DESIST
DUMPING AND ALSO ORDERED THE CITY TO REMOVE THOSE MATERIALS.
CITY ATTORNEY SCOTT EXPLAINED THAT HIS POSITION WAS THAT THE
ARMY CORPS OF ENGINEERS HAD SAID THAT THESE ARE TIDAL WETLANDS;
HOWEVER, AERIAL PHOTOS SHOW THEY WERE NOT ORIGINALLY TIDAL WETLANDS.'
IT WAS MADE A WETLAND AREA AFTER MOSQUITO CONTROL CAME IN AND DUG
DITCHES WHEREBY THE MANGROVES GREW UP ALONG SIDE OF THE, DITCHES.
MR. NICHOLAS MOVED THAT THE CITY INSTRUCT THE CITY MANAGER
TO TALK TO THE CORPS OF ENGINEERS IN JACKSONVILLE REGARDING THE
CITY'S PROPERTY ON LONGPOINT ROAD AND INDICATE THAT THE CITY IS
NOT DESIROUS OF CONTINUING TO FILL BUT ASK THAT THE FILL THAT IS
ALREADY THERE BE ALLOWED TO REMAIN. MR. WINCHESTER SECONDED
MOTION. DISCUSSION FOLLOWED.
MR. WINCHESTER MOVED TO AMEND THE MOTION TO AUTHORIZE JOSEPH
SCOTT TO NEGOTIATE FILLING ONLY THOSE PORTIONS NECESSARY TO ELIMINATE
ANY UNSAFE. CONDITIONS. MRS. CALVERT SECONDED MOTION.AMENDMENT
CARRIED UNANIMOUSLY.
FURTHER DISCUSSIONS FOLLOWED. MAYOR RUTHERFORD MOVED TO FURTHER
.AMEND BY AUTHORIZING MR. SCOTT TO SEE WHETHER OR NOT HE COULD WORK
OUT POSSIBLE COMPENSATION FROM THE CORPS OF ENGINEERS FOR THE LOSS
OF THE LAND., MRS. CALVERT SECONDED MOTION. VOTE ON THE AMENDMENT
CARRIED UNANIMOUSLY.,
VOTE ON THE MAIN MOTION. AS .AMENDED, CARRIED UNANIMOUSLY.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:49 P.M.
APPROVED THIS 'S DAY OF U_0l.l , 1983.
A
t, ,
ATTEST:
7
CITY CLERK '_/- CITY COUNCIL MEETING
JUNE 21, 1983
PAGE 4 OF 4 AND
ATTACHMENT
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NA?IE—slM1r N.CSx-1111➢ULE ------ - — _
I�-I_' .J6/tll.�' 1-X17.,{�,t�.�-I\ AGENCYI.uNtal: DATE ON; ''``CIIVUTF.00L�ItnCO _
AI,\ICING AU➢HESS STATE A"Y yy L�j.Q
r NAME OP i•EIt3ON UECOHIrI,YU AIINUt"a
CITY 21P CUUN tY OCOUNTY
rI 1j 1 TITLEOP P£It50N IlECONUIN0 Al1.4UTE9
\`L{ �f�Lr /ItYri/IL_ �.%IJ-U fJ i�r'L�/}/L (C QfiR1NICIPALITY
NAME AAGENCY
SPECIFY
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION (Rcquircd by Florida Statutes§112.3143(1979) {
if you have voted in your official capacity upon any measure In which you had a personal, private, or professional interest which Inures to
your special private gain or the special private gain of any principal by whom you aro retained, please disclose the nature of your Interest
below.
1. Description of the matter upon which you v,led In your official capacity:
2. DYscriplion of the personal, private, or professional Interest you have in the above matter which Inures to your special private gain or
the special private gain of any principal by whom you are retained:
`,,tit" %,• /t'1 l u S Il rv�r� Lt. r �c. �rI 1 fav C /}-
PC (Sr.L%n R//
�/L)I /t5 At /S
ii, ,t: F,A
3. Person o, principal toolbars the special gain drscribrd abo ev will inure: --__- _------_---------
a.0 Yourself 6.❑ Principal by whom you are retained:__
FOH1I J. w',\3 i1LED Wlrll TIIE PEIt50N
HESYONSIa LE t'OR n£COR GING aIINL'TES Ot' TIM M-TINd AT
^I. w'111CHTHP, VOTE. OCCLmuE .
FILING INSTRUCTIONS
This nu•mor:mdum most be fled within fifteen (15) days fallowing the meeting during.g. Ivhich thv voting conflict occurred with the peann
rtapu,,,I - for recording the nlinules of the meeting; who shall incorporate IIIL memorandum in ill„ meeting minmes. This fo:mlived Hot he
flyd merely to iodicA, the ah..!n , of a voting conflict. t'lorid.l law permits but dors nn: require Yuu to ab,,j, from Ibling srhrn ' emlRiet
of n.t ;,liw•:; If you vote, bnwever, the conflict must L•, di lured pursuant to the requirement.+dvu'rih.d cbo'r.
L'1t OIC1:: UNnEII PILO VI.SIU.43 OY PI.➢Il1UA GTATUT£S E II_.a IT Iln]nl, A PAtLI: i{E TONIA= ANY It1:VU11O;O IIif CI.OSn I:C CfIN:1TITUTI'S
UNO:i 1'D)t A:all '-'AV n1: PUNI.SIIED IIY UNE Ill' 51UnE III Tui,1'(t LI.U'AI.'i O: I:IY£.\L'll\I
UII OYMFUT, Dt.M(1'I.—, 11E 11ITION 1.4;ALAIIY, It EFrll\IAND. Olt ACIV11. rElvALTY N(IT TO EXCrYD „ S,reo.
TO COUNCIL MINUTES