HomeMy WebLinkAboutMinutes 11-01-1983CITY COUNCIL
REGULAR MEETING.
NOVEMBER 1, 1983
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA WAS HELD ON NOVEMBER 1, 1983 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY. MAYOR WAYNE RUTHERFORD
AT 7:30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY MAY0R
RUTHERFORD.
THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT
WERE MAYOR 11.. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. NICHOLAS
AND J. WINCHESTER. ALSO PRESENT WERE CITY MANAGER F. NUTT, CITY
ATTORNEY J. SCOTT AND SERGEANT -AT -ARMS W. O'CONNELL. MRS. HARRIS
WAS OUT-OF-TOWN ON BUSINESS.
MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
OCTOBER 18, 1983. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
AT THIS TIME, MAYOR RUTHERFORD PRESENTED THE OCTOBER
"VOLUNTEER OF THE MONTH" AWARD TO SANDY BUTLER, CHAIRMAN OF THE
RECREATION BOARD.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 22-83 RE: ESTABLISHING CODE
ENFORCEMENT BOARD CITY CODE CHAPTER 265
(SECOND READING AND PUBLIC IIEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE CITY CODE BY ADDING THERETO A NEW CHAPTER
TO BE NUMBERED CHAPTER 265 ENTITLED "CODE ENFORCEMENT
'BOARD": PROVIDING FOR THE CREATION, COMPOSITION, ORGANIZATION,
JURISDICTION,. AND PROCEDURES, OF A CODE ENFORCEMENT BOARD
FOR THE CITY OF CAPE CANAVERAL, FLORIDA PURSUANT TO CHAPTER
162 FLORIDA STATUTES 1982; PROVIDING FOR THE APPOINTMENT,
SUSPENSION, REMOVAL, AND TERMS OF OFFICE OF MEMBERS OF
SAID CODE ENFORCEMENT BOARD, PROVIDING FOR MEETINGS OF
SAID .CODE ENFORCEMENT BOARD AND FOR THE APPOINTMENT or
LEGAL COUNSEL FOR SAID BOARD; DESCRIBING ENFORCEMENT
PROCEDURES, RULES GOVERNING THE CONDUCT OF HEARINGS,
AND THE POWERS OF THE CODE ENFORCEMENT BOARD; AUTHORIZING
THE IMPOSITION OF ADMINISTRATIVE FINES AND FOR THE
CREATION OF LIENS UPON REAL AND PERSONAL PROPERTY OF
CITY COUNCIL MINUTES
11-1-83
PAGE 1 OF 4'
VIOLATORS AND PROVIDING FOR THE FORECLOSURE AND ENFORCE-
MENT OF SAID LIENS; PROVIDING FOR THE APPEAL OF ORDERS
OF THE CODE ENFORCEMENT BOARD; PROVIDING THAT INVALIDITY
OF ANY PORTION HEREOF SHALL NOT AFFECT THE REMAINING
PORTIONS OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE
DATE HEREOF AND FOR OTHER PURPOSES.
MR. NICHOLAS MOVED FOR ADOPTION.. MR. WINCHESTER SECONDED
MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS ORDINANCE WILL
ESTABLISH A CODE ENFORCEMENT BOARD. TO ENFORCE THE CITY'S
ORDINANCES.
MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 22-83 ADOPTED.
ITEM 2. ORDINANCE NO. 23-83 RE: AMENDING CHAPTER 733,
ALCOHOLIC BEVERAGE SALE REGULATIONS,. REPEALING
CHAPTER 735, REGULATIONS OF ALCOHOLIC CONSUMPTION
IN A COMMERCIAL ESTABLISHMENT (SECOND READING
AND PUBLIC HEARING)
THE MAYOR READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE DELETING CHAPTER 735"REGULATIONS OF.
ALCOHOLIC CONSUMPTION IN A COMMERCIAL ESTABLISHMENT"
OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL,' FLORIDA;
AMENDING CHAPTER '733 "ALCOHOLIC BEVERAGE SALE REGULATIONS"
BY DELETING SECTION 733.01 IN ITS ENTIRETY AND REPLACING
IT WITH SECTION 733.01 BY INCREASING THE TYPE OF ESTABLISH-
MENTS WHOSE HOURS ARE REGULATED; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH;PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS.. CALVERT SECONDED
MOTION.. ATTORNEY STEVE JACOVITZ, REPRESENTING MR. HERSING,, OWNER
OF THE BEACH BOTTLE CLUB, SPOKE TO COUNCIL. HE REQUESTED MR.
NICHOLAS RECUSE HIMSELF FROM THE DISCUSSION AND VOTE ON THIS
ISSUE BECAUSE OF HIS CONFLICT RESULTING FROM BEING PRESIDENT
OF THE V.F.W. CITY ATTORNEY SCOTT ADVISED. MR. NICHOLAS THAT
HE SHOULD VOTE ON THIS ITEM AND, SINCE THE QUESTION HAD BEEN
RAISED, HE SHOULD CONSIDER FILING A VOTING CONFLICT.
DISCUSSION FOLLOWED. ATTORNEY JACOVITZ REQUESTED THAT MR.,
DONT] AND MR. PAGE, EMPLOYEES OF THE BEACH BOTTLE CLUB, ADDRESS
COUNCIL.. THEY SPOKE AGAINST THE ORDINANCE, SAYING THAT IF IT
IS ADOPTED, THE BOTTLE CLUB WOULD HAVE TO CLOSE DOWN BECAUSE
THEY DO 95 PER CENT OF THEIR BUSINESS BETWEEN THE HOURS OF 4:00
AND 7:00 A.M.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 23-83
ADOPTED.
CITY COUNCIL M NUITS
11-1-83
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ITEM 3. ORDINANCE NO. 24-83 RE: AMENDMENTS TO ZONING
ORDINANCE NO 2-83 RE: SECTION 637.51, SPECIAL
EXCEPTION PERMISSIBLE BY BOARD OF ADJUSTMENT IN
C-1• SECTION 639.57 DEDICATED PUBLIC LAND _ FIRST
READING AND PUBLIC HEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN .ORDINANCE AMENDING ORDINANCE NO 2-83, CODE CHAPTER
631, ZONING REGULATION OF THE CITY OF CAPE CANAVERAL,
FLORIDA; AMENDING SECTION 637.51, "SPECIAL EXCEPTIONS
PERMISSIBLE BY BOARD OF ADJUSTMENT", BY ALLOWING TOWN-
HOUSES IN C-1 ZONING BY A SPECIAL EXCEPTION; AMENDING
SECTION 639.57, "DEDICATED PUBLIC LAND", BY RESTRICTING
DENSITY CALCULATIONS ON VACATED PUBLIC LAND; REPEALING
ALL PORTIONS OF THE CITY CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MRS. CALVERT
SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS ITEM WAS,
RECOMMENDED BY THE PLANNING AND ZONING DOARD AND IT CLEARS THE
LANGUAGE BY ALLOWING TOWNHOUSES IN C-1 BY SPECIAL EXCEPTION.,
ALSO, IT CLARIFIES THAT VACATED LAND CANNOT BE USED IN DENSITY
CALCULATIONS.
VOTE ON THE MOTION WAS UNANIMOUS., ORDINANCE NO. 24-83
PASSED FIRST READING.
NEW BUSINESS
ITEM 1. RESOLUTION NO. 83-81 DESIGNATING OFFICIAL
DEPOSITORIES
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ESTABLISHING OFFICIAL DEPOSITORIES FOR CITY
FUNDS; PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD EXPLAINED THAT THIS RESOLUTION REAUTHORIZES
OUR PRESENT DEPOSITORIES FOR CITY FUNDS.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS. SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. MOTION RE: MOTHER'S MARCH OF DIMES
IT WAS EXPLAINED THAT IN THE PAST THE CITY HAS RECOGNIZED
THE MOTHER'S MARCH OF DIMES BY MAKING A DONATION IN AN AMOUNT
EQUAL TO THE OCCUPATIONAL LICENSE FEE.. THEREFORE, MAYOR RUTHERFORD
MOVED TO MAKE A DONATION TO THE MOTHER'S MARCH, OF DIMES IN THE
AMOUNT OF $31.25. ,MRS. CALVERT SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
CITY COUNCIL MIMRTS
11-1-83
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DISCUSSION
CITY MANAGER F. NUTT REPORTED TO COUNCIL THAT, THE BREVARD
COUNTY LIBRARY BOARD HAD RECOMMENDED THAT THE CAPE CANAVERAL
LIBRARY BUDGET BE REDUCED FROM $70,437 TO $50,000. LIBRARIAN
IRENE SANDERS ADDRESSED COUNCIL AND SAID SHE WOULD LIKE THE
COUNTY TO CONSIDER TAKING OUT CAPE CANAVERAL LIBRARY'S COMPUTER
SYSTEM AND GOING. BACK' TO. THE FORMER WAY TO SAVE MONEY. LIBRARY
BOARD MEMBERS FRANK CARUSO AND BILL REGAR SAID THEY GOT THE
IMPRESSION THAT THE COUNTY WOULD LIKE, TO CLOSE UP THE SMALLER
LIBRARIES. CITY MANAGER NUTT IS TO ATTEND THE COUNTY COMMISSION
MEETING ON THURSDAY, NOVEMBER 3RD.,
JOAN CALVERT QUESTIONED WHEN THE RINGS TO HOLD THE FLAGS
WOULD BE PURCHASED FOR THE BEAUTIFICATION BOARD., MR. NUTT SAID
THE ,CITY IS IN THE PROCESS OF GETTING QUOTES ON THEM.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 8:37 P.M.
APPROVED THIS 15th DAY OFF November'. , 1983.
vV
Yo
ATTEST:
CITY CLERK
(THESE MINUTES WERE TRANSCRIBED BY. SECRETARY,, JAN LESSER)
CITY COUNCIL MINUTES
11-1-83
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