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HomeMy WebLinkAboutMinutes 07-05-1983CITY COUNCIL REGULAR MEETING JULY 5, 1983 A REGULAR MEETING, OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON JULY 5, 1983 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR WAYNE RUTHERFORD AT 7;31PM. 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 MEMBERS J. CALVERT, L. HARRIS, L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT WERE CITY ATTORNEY/. MANAGZR J. SCOTT, CITY CLERK P. BEAULIEU AND 'SERGEANT -AT -ARMS DEPUTY LEWIS. MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1983 AND SPECIAL MEETING OF JUNE 28, 1983. MRS. HARRIS SECONDED MOTION. BY ONANIMOUS VOTE, THE MINUTES WERE APPROVED AS SUBMITTED. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO 16-83 SUBMITTING TO ELECTORS IN NOVE:•iBER A PROPOSED AMENDPTNT TO CHARTE`t P- :rTICLE IIZ, PLTICLE VIIL, ARTICLE XI AR'CICLE XX ARTICLE XIV, ARTICLE VX, CIIANGING FORMA OF GOVCRNI.I6NT, DELETING ARTICLESIX, Y.� AND XII SECOND READING AND PUBLIC HEARING MAYOR RUTHERFORD MOVED TO APPROVE SECOND READING. MR. WINCHESTER SECONDED, MOTION., MAYOR RUTHERFORD EXPLAINED THAT IF THE ORDINANCE WAS ADOPTED AT THIS MEETING IT MOULD PLACE THE ISSUE ON TIIE BALLOT IN NOVEMBER AND THE VOTERS WOULD DECIDE WHETHER OR NOT THEY WANTED THE CHANGE DISCUSSION FOLLOWED ON THE PROPOSED CHARTER AMENDMENTS IN ORDINANCE NO. 16-83 AND THE DESIRABILITY, OF MAKING THE BALLOT LANGUAGE CONCISE AND UNDERSTANDABLE. DISCUSSION .ALSO COVERED THE NECESSITY TO REVISE THE CITY'S CHARTER AND A SUGGESTION WAS MADE TO CONSIDER REVISING THE ENTIRE CHARTER RATHER THAN AMEND IT IN A PIECEMEAL MANNER. CITY COUNCIL MEETING MINUTES. JULY 5, 1983 PAGE 1 OF 7 MR. NICHOLAS MOVED TO TABLE ITEM 1, ORDINANCE N0. 16-83. MOTION FAILED FOR LACK OF A SECOND. FURTHER DISCUSSION FOLLOWED BETWEEN MAKE THECIL REFAND MEMBERS IN THE AUDIENCE REGARDING THE. NECESSITY TO -0IAKE TIIE REFERENDUM QUESTION CLEAR TO THE ELECTORS ON THE BALLOT. MR. WINCHESTER MOVED TO AMEND TILE ORDINANCE BY ELIMINATING SECTIO3, CITY TAX ASSESSOR, CITY TAX COLLECTOR AND MUNICIPAL D SECT20N 6, FIRE DEPARTMENT. COURT SECTION 5, POLICE DEPARTMENT AN N MR. NICHOLAS SECONDED MOTION. VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON TIIE PLAN MOTION WAS AS FOLLOWS: IN FAVOR -'MRS. CALVERT, MRS- HA, MAYOR RUTHERFORD AND MR. WINCHESTER. OPPOSED - MR. NICHOLAS. ORDINANCE. NO. 16-83 ADOPTED AS AMENDED ON SECOND READING. IT WAS NOTED THAT THE SECTIONS DELETED IN THIS ORDINANCE COULD BE CHANGED DY ORDINANCE AND IT WAS NOT NECESSARY TO PLACE THEM ON A REFERENDUM.. NEW BUSINESS ION ITEM 1• CODENCIIAPTER•231 AMENDINGESECTIONNEL R231I14T(FI RST READI G A D PUBLIC HEARING COUNCIL HAD BEFORE THEM TWO ORDINANCES WHICH HAD BEEN PREPARED BY THE CITY ATTORNEY. MR. SCOTT EXPLAINED THAT ONE OF THE ORDINANCES DEALT STRICTLY WITH THE CHANGE MR. NICHOLAS HAD DISCUSSED AT WORKSHOP, (SECTION 231.14) HE INFORMED COUNCIL THAT TIIE OTHER. PROPOSED ORDINANCE,. IN ADDITION TO AMENDING SECTION 231.14, WAS MORE COMPREHENSIVE AND MENTIONED THE CITY CLERK AND CITY TREASURER. IT WAS SUGGESTED THE TITLE OF THE MORE COMPREHENSIVE ORDINANCE DE READ. E OF ORDINANCE NO- 17-83 A3 FOLLOItiS: MAYOR RUTHERFORD READ THE TITL AN ORDINANCE At•1ENDING CHAPTER 231 "GENERAL ORGA`1 FLORIDA OF THE CITY CODE OF TIIE CITY OF CAPE CANAVERAL,31.41 By AMENDING SECTIONS 231.45; REPEALING ALL2 PORTIONS31.0r THE2CODE3IN?COaFLICT0 HEREWITH ;..PROVIDING All EFFECTIVE DATE. DUE To THE LACK OF A MOTION PLACING THE ORDINANCE Oil THE FLOOR FOR CONSIDERATION OF FIRST READING, THE ORDINANCE FAILED. CITY. COUNCIL MEETING PIINUTES JULY 5, 1983 PAGE 2 OF 7 ITEM 2. RESOLUTION NO. 83-46 RE: COMMUNICABLE RATE INCREASE MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR T.V. CABLE SERVICE AND INSTALLATION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD, MOVED FOR ADOPTION. MRS.. CALVERT SECONDED. MAYOR RUTHERFORD EXPLAINED THAT THIS RESOLUTION ADDRESSED A RATE INCREASE FOR .THE BASIC CABLE SERVICE. DISCUSSION FOLLOWED BETWEEN COUNCIL MEMBERS REGARDING THE FOLLOWING: COMMUNICABLE'S NET PROFITS WERE UP 27-1/29 OVER LAST YEAR'S; LACK OF NEW SERVICES FOR THE BASIC SERVICE SUBSCRIBER; PROBLEMS WITH THE PRESENT SERVICE. MR.. PAUL WHYTE, VICE PRESIDENT OF COMMUNICABLE, WAS PRESENT AND SPOKE TO COUNCIL AND THE AUDIENCE INFORMING THEM THAT COMMUNICABLE FELT THEY WERE JUSTIFIED IN ASKING FOR THE NOMINAL RATE INCREASE IN THE BASIC .RATE FOR THE CHANNELS THAT ARE AVAILABLE. IN THAT TYPE OF SERVICE. HE FURTHER STATED THAT THEY WOULD BE EXPENDING $350,000 JUST FOR BASIC SERVICES THIS YEAR IN RETAINING THE PLANT AND REBUILDING PARTS CORRODED BY SALT. DISCUSSION FOLLOWED BETWEEN COUNCIL MEMBERS AND CITIZENS IN THE AUDIENCE REGARDING THE FOLLOWING: QUALITY OF SERVICE BEING PROVIDED, TO BASIC SERVICE, CUSTOMERS: POSSIBILITY OF CHANGING CHANNELS BEING CARRIED AT THE PRESENT TIME TO CHANNELS WITH IMPROVED QUALITY; PROBLEMS WITH V.C.R. EQUIPMENT. MR. WHYTE WAS ASKED WHETHER OR NOT HE COULD REPLACE A PRESENT CHANNEL WITH AN IMPROVED CHANNELIN ORDER TO JUSTIFY THE DOLLAR INCREASE. DISCUSSION FOLLOWED. MRS. CALVERT MOVED TO TABLE THIS ITEM FOR TWO WEEKS TO ALLOW MR. WHYTE TO. COME UP WITH AN ALTERNATE CHANNEL IN THE ADVERTISING CIIANNEL. MRS. HARRIS SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT AND MRS. HARRIS. OPPOSED -'MR. NICHOLAS, MAYOR RUTHERFORD AND MR. WINCHESTER. MOTION TO TABLE FAILED. VOTE ON THE MAIN MOTION WAS AS, FOLLOWS:, IN FAVOR, MAYOR RUTHERFORD: OPPOSED - MRS. CALVERT, MRS. HARRIS, MR. NICHOLAS AND MR. WINCHESTER. 'MOTION TO ADOPT RESOLUTION NO. 83-46 FAILED. IT WAS SUGGESTED THAT COUNCIL CONSIDER ITEM 11 ON THE AGENDA. THERE BEING NO OBJECTIONS, ITEM 11 WAS CONSIDERED AT THIS TIME. CITY COUNCIL MEETING MINUTES JULY 5, 1983 PAGE 3 OF 7 ITEM 11. MOTION RE: ESTABLISHING PUBLIC HEARING DATE TO DECLARE LA PAZ BUILDING PUBLIC NUISANCE MRS. CALVERT MOVED TO ESTABLISH A PUBLIC HEARING DATE TO DECLARE LA PAZ BUILDING A PUBLIC NUISANCE. MR. WINCHESTER SECONDED MOTION. MR. NICHOLAS MOVED TO AMGND THE MOTIONBY, SETTING. JULY 19, 1983 AS THE PUBLIC HEARING DATE. MRS. CALVERT SECONDED MOTION. IT WAS NOTED THAT THE PUBLIC HEARING WOULD GIVE HOWARD WARREN A CHANCE TO SHOW CAUSE AS TO WHY HIS BUILDING IS NOT A NUISANCE. VOTE ON THE AMENDMENT AND MAIN MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 83-41 RE: REQUDETING REIMBURSEMENT FROM DEPARTMENT OF NATURAL RESOURCES FOR DUNE PROJECT MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: 'A RESOLUTION REQUESTING STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES, TO REIMBURSE THE CITY OF CAPE CANAVERAL, FLORIDA FOR EXPENDITURES MADE FOR THE DUNE CROSSOVER PROJECT BY THE CITY; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4,. RESOLUTION NO. 83-42 RE: PORT FIRE AGREEMENT MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION APPROVING THE PRELIMINARY ELEVENTH RENEWAL OF THE FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, THE CAPE CANAVERAL VOLUNTEER FIRE' DEPARTMENT AND CANAVERAL PORT AUTHORITY; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED. MAYOR RUTHERFORD EXPLAINED THAT THIS AGREEMENT WOULD SET 'UPA FIRE PROTECTION AGREEMENT WITH THE PORT FOR 3 YEARS WITH THE PORT PAYING ONE-THIRD OF THE FIRE DEPARTMENT'S OPERATING BUDGET FOR THOSE 3 YEARS. MR. SCOTT EXPLAINED THAT MR. LEE WOULD BE PRESENTING THIS AGREEMENT TO THE PORT. AQUESTION AROSE REGARDING SECTION 3(a) OF THE PROPOSED AGREEMENT. MR. SCOTT INFORMED COUNCIL IT SHOULD READ "FIRE HYDRANT RENTALS FOR THE CITY." 'IT WAS NOTED THIS WAS A TYPO AND COULD BE CHANGED WITHOUT A MOTION. MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION 83-42 CARRIED UNANIMOUSLY. CITY COUNCIL MEETING MINUTES JULY 5, 1983 PAGE'4 OF 7 ITEM 5. RESOLUTION NO. 83-43 RE: ESTABLISIIING PUBLIC HEARING DATE AE: YELLOW TOP CAB CERTIFZCATE OF CONVENIENCE AND NECESSITY MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR CONSIDERATION OF A CERTIFICATE OF CONVENIENCE AND NECESSITY FOR THE YELLOW TOP TAXI SERVICE; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. MR. SCOTT EXPLAINED THAT THIS RESOLUTION WOULD ESTABLISH THE PUBLIC HEARING DATE AND AUTHORIZE THE CITY CLERK TO NOTIFY COMPETING COMPANIES IN CASE THEY WOULD LIKE TO BE HEARD ON THE ISSUE. OWNER, OF THE CAB COMPANY, MR. THOMPSON, SPOKE TO COUNCIL INFORMING THEM THAT HE HAD BEEN SERVING BREVARD COUNTY FOR OVER 40 YEARS. THEY, ARE ALLOWED TO PICK UP AT THE PORT AND IN ORDER TO PICKUP PASSENGERS IN THE CITY THEY WERE REQUESTING ALICENSE. MAYOR RUTHERFORD EXPLAINED THAT THE PUBLIC HEARING DATE WOULD BE ON JULY 19, 1983. VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. ITEM 6.RESOLUTION NO. 83-44 REQUEST FOR VACATING. N'S PORTION BOOTH COURT,- PETITIONER INNOVATIVE ^` DEVELOPMENT CORPORATION MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING FOR THE VACATION OF THE NORTH -SOUTH PORTION OF BOOTH COURT BETWEEN TRACT 12 AND TRACTS 11 6 14; AUTHORIZING CITY CLERK T0. ADVERTISE SUCH PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. IT WAS NOTED THAT THIS WAS APPROVED BY THE PLANNING AND ZONING BOARD.' MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION NO. 83-44 CARRIED UNANIMOUSLY. MR. SCOTT INFORMED COUNCIL THAT THE INDIVIDUAL REQUESTING VACATING THIS PORTION OF BOOTH COURT HAD AGREED TO PAY COSTS FOR ADVERTISING. CITY COUNCIL MEETING MINUTES JULY 5, 1983 PAGE 5 OF 7 ITEM 7. .RESOLUTION NO. 83-45 RE- SUPPORTING COUNTY COMMISSIONER THEO YORK'S REQUEST TO REMOVE EXISTING TOLL BOOTHS ON S.R. 528 MAYOR, RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION SUPPORTING BREVARD COUNTY COMMISSIONER THEO YORK IN PIIS EFFORTS TO REMOVE THE EXISTING TOLL BOOTH FROM ,THE BENNETT CAUSEWAY; PROVIDING AN EFFECTIVE DATE. MRS.'CALVERT MOVED FOR ADOPTION., MR. WINCHESTER SECONDED. AFTER DISCUSSION ON THIS SUBJECT, THE MOTION CARRIED UNANIMOUSLY. ITEM 8. MOTION RE: REQUESTS FOR ADDITIONAL STREET LIGHTS IN CANAVERAL BOULEVARD AREA AND MADISON. AVENUE MR. WINCHESTER MOVED. TO APPROVE THE LIGHTS. MRS. HARRIS SECONDED MOTION. MR. SCOTT EXPLAINED THAT THIS ITEM COVERED TOTAL OF THREE STREET LIGHTS. VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. ITEM 9. MOTION RE: AUTHORIZING HARBOR HEIGHTS RESURFACING MR. NICHOLAS MOVED THAT THE CITY PROCEED WITH THE ACTIONS REQUIRED TO RESURFACE THE STREETS IN THE HARBOR HEIGHTS AREA. MRS. HARRIS SECONDED MOTION. DISCUSSION FOLLOWED REGARDING WHETHER OR NOT THE PROPERTY OWNERS SHOULD BE NOTIFIED IN ORDER TO GET THEIR REACTION. IT WAS SUGGESTED LETTERS GO OUT NOTIFYING THOSE OWNERS AFFECTED BY THIS PROJECT. VOTE ON THE MOTION ON TUE FLOOR CARRIED UNANIMOUSLY. ITEM 10. MOTION RE: AUTHORIZING CANAVERAL BEACH BOULEVARD, CHANDLER STREET, CAROLINE STREET AND ROSALIND AVENUE RESURFACING MAYOR RUTHERFORD MOVED TO .AUTHORIZE RESURFACING CANAVERAL BEACH BOULEVARD, CHANDLER STREET, CAROLINE STREET AND ROSALIND AVENUE. MRS. HARRIS SECONDED MOTION. DISCUSSION FOLLOWED REGARDING TUE FACT THAT THE SCHOOL BOARD HAD NOT PAID FOR TUE LAST RESURFACING ASSESSMENT IN FRONT OF CAPEVIEW SCHOOL. IT WAS SUGGESTED THAT AN EFFORT BE MADE TO COLLECT TUE ASSESSMENT FROM THE SCHOOL BOARD. CITY COUNCIL MEETING MINUTES JULY 5, 1983 PAGE 8 OF 7 VOTE ON. THE NOTION ON THE FLOOR CARRIED UNANIMOUSLY. MR. SCOTT INFORMED COUNCIL THAT TIIIS RESURFACING PROJECT WOULD BE A TIME CONSUMING PROCESS IN THE SEARCH FOR THE PROPERTY OWNERS AND WOULD REQUIRE ENGINEERING SERVICES. DISCUSSION MRS. HARRIS REQUESTED THAT SECTIONS 3, 5 6 6 IN ORDINANCE NO. 16-83 BE PLACED ON NEXT WORKSHOP. MRS. CALVERT REQUESTED THAT APROCLAMATION BE PREPARED COMMENDING MIKE LEE FOR 'HIS RESCUE EFFORTS IN THE RECENT. FIRE AT THE UNION HALL ON TAYLOR AVENUE. T MRS. CALVERT REQUESTED THAT THE Cl TY LOOK INTO THE EMERGENCY ROOM CHARGES FOR MR., LEE'S INJURIES,, AND THE CITY PERHAPS CONSIDER PAYING THE CHARGES. IT WAS SUGGESTED THAT THE EMERGENCY ROOM CHARGES BE LOOKED INTO AND DISCUSSED AT NEXT WORKSHOP - THE CITY CLERK REPORTED THAT INTERVIEWS HAD BEEN ARRANGED WITH CANDIDATES FOR THE CITY MANAGER'S POSITION FOR A SATURDAY MORNING WORKSHOP COMMENCING AT 9:00AM. IT WAS REPORTED THAT THE CANDIDATE FROM ALABAMA HAD REQUESTED THAT THE CITY PAY AIR FARE FOR HER INTERVIEW. COUNCIL DENIED THIS REQUEST. MR. FISCHETTI SUGGESTED COUNCIL WRITE A LETTER COMMENDING THE .FIRE DEPARTMENT FOR THE JULY 4th. FIREWORKS DISPLAY. MR. FISCHETTI ALSO COMPLAINED OF THE USE OF THE VACANT PROPERTY AT THE END OF CENTRAL AVENUE BY BEACHGOERS AND THEIR USE OF THE PROPERTY. MR. SCOTT REPORTED TIIAT HE WAS. LOOKING. INTO THIS PROBLEM AND HE WAS ATTEMPTING TO HAVE THE PROPERTY OWNER FENCE THE PROPERTY. THEIR BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:45PM. DAY OF ' 1983. APPROVED THIS �g_ / I4 YOR I TY CLERK CITY COUNCIL MEETING MINUTES JULY 5, 1983 PAGE 7 OF 7