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HomeMy WebLinkAboutMinutes 12-06-1983CITY COUNCIL REGULAR MEETING DECEMBER 6, 1983 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON DECEMBER 6, 1983 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.' THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR RUTHERFORD. INVOCATION AND PLEDGE OF ALLEGIANCE. WERE LED BY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT WERE: MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, J. FISCHETTI, L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT WERE CITY MANAGER F. NUTT AND CITY ATTORNEY J- SCOTT. MRS. CALVERT MOVED TO WAIVE THE READING ION. MOTION MINUTES OP NOVEMBER 15, 1983. MR. FISCHETTI' SECONDED MOTION. UNANIMOUSLY. AT THIS TIME, MAYOR RUTHERFORD PRESENTED THE DECEMBER "VOLUNTEER OF. THE MONTH AWARD" TO JOHN NEVE FOR THE MANY HOURS HE HAS CONTRIBUTED TO THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT. UNFINISHED BUSINESS ITEM 1. NRODIZA83E AS•MIENDED25-83 IiEBY AAfENDINGS TO SECTION ,_83ODIN 637E51 (11), 64 .O1 A) (FIRST READING AND PUDLIC lit P THE ORDINANCE AS FOLLOWS: MAYOR RUTHERFORD READ THE TITLE O AN ORDINANCE AMENDING ORDINANCE NO. 2-83, CODE CHAP TER 11 ZONING REGULATIONS OP THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING SECTION 632.01 BY RE -DEFINING HEIGHT OP BUILDING; AENING101) BY LIISHPDIENTSSWHICH SELL SDISPENSE, SERVE NORCOMMERCIAL ECTION STORE ALCOHOLIC BEVERAGES AND ON WHICH PREMISES ALCOHOLIC BEVERAGES ARE CONSUMED; AMENDING SECTION 641.01(A) By REQUIRING A SPECIAL EXCEPTION FOR ESTABLISHMENTS, WHETHER OR NOT LICENSED BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATIONS, DIVISION OF STORE OR PERMITAGES AND CONSUMPTIONf,ONOTHEI1 PREMISESICH EOFDALCOHOLIC ERVE, BEVERAGES: REPEALING A : EPEALIN ALL EFFECTIONSDOF THE CODE IN CONFLICT ERE MR. NICHOLAS MOVED FOR ADOPTION. MRS., CALVERT. SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS ORDINANCE RE -DEFINES BUILDING HEIGHT AND BRINGS THE ZONING BOOK IN AGREEMENT WITH OTHER CITY ORDINANCES REGARDING ESTABLISHMENTS WHICH SELL, DISPENSE, SERVE OR STORE ALCOHOLIC BEVERAGES. MOTION ON THE FLOOR FOR APPROVAL OF FIRST READING CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 83-84 RE: COUNCIL AREAS OF INTEREST (POSTPONED NOVEMBER 151 MAYOR RUTHERFORD READ THE TITLE OF THEORDINANCE AS FOLLOWS: A RESOLUTION DESIGNATING 'AREAS OF PRIMARY INTEREST OF INDIVIDUAL COUNCILMEN; PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MEETING DFLFMER 6, 1983 PAGE 1 OF 5 TRE COUNCIL MEMBERS VOLUNTEERED .FOR THE VARIOUS SECTIONS. MAYOR RUTHERFORD READ THE RESOLUTION WITH THE NAI -IES INSERTED. MR. NICHOLAS MOVED FOR ADOPTION OF RESOLUTION NO. 83-84. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3• pYSTHET SEA NO 83-90 BLOCK 35 RPETITIONERG �SHARONY DOGANN (PUBLIC TITLE OF THE RESOLUTION AS FOLLOWS: MAYOR RUTHERFORD READ THE A RESOLUTION VACATING THE 12 -FOOT ALLEYWAY IN BLOCK 35, WITHIN THE CITY OF CAPE CANAVERAL,FLORIDA; AVON-BY-TRE-SEA, WVERAL, FLORIDA, A DEDICATION TO THE CITY OF CAPE CANA UTILITY EASEMENT IN THE VACATED STREET; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS VACATION WAS APPROVED AT BY THE PLANNING AND ZONLOTSNG BOARD IN QUESTION HADkiCONTINGENCIES GONETHROUGH, AND2)AN 1).THE SALE OF THE L ADEQUATE EASEMENT IS PROVIDED TO THE OWNER OF LOT 14. MR. WALTER POENISCIi, REPRESENTING PETITIONER SHARON BOGAN, SPOKE TO COUNCIL AND EXPLAINED THAT MS. BOGAN WAS THE OWNER OF ALL THE LOTS IN THE ORIGINAL PETITION WITH THE EXCEPTION OF LOTS 14 AND 15. HE NOTED THAT SHE HAS A CONTRACT WITH CLARE ARMSTRONG FOR THE PURCHASE OF LOT 14. HE THEREFORE REQUESTED THAT THE PETITION BE AMENDED TO READ "SUBJECT TO THE CONSUMMATION OF THE PURCHASE OF LOT 14 FROM CLARE ARMSTONG, PRIOR TO THE VACATION OF THE ALLEYWAY." MR. POENISCH FURTHER NOTED THAT MR. TOM BEASLEY, OWNER OF LOT 15, CONCURS WITH THE ALLEYWAY BEING VACATED UPON THE PURCHASE OF LOT 14 BY THE PETITIONER. IN THIS EVENT, MR. BEASLEY WILL BE GRANTED A PERPETUAL EASEMENT FROM HARRISON STREET NORTH-EASTERLY FOR APPROX- IMATELY.50 FEET. MR. BEASLEY ADDRESSED COUNCIL AND NOTED HE WAS IN AGREEMENT WITH THIS. ATTORNEY STEVE JACOVIT2, REPRESENTING CLARE ARMSTRONG (OWNER OF LOT 14) SPOKE TO COUNCIL AND REQUESTED A CONTINGENCY CLAUSE IN THE RESOLUTION NOT VACATING THE ALLEY UNTIL THE DEED OF LOT 14 IS TRANSFERRED TO MS. BOGAN. MRS. ARMSTRONG REITERATED HER POSITION OF NOT WANTING THE ALLEYWAY VACATED WHILE SHE IS OWNER OF THE PROPERTY. THEREFORE, MAYOR RUTHERFORD MOVED TO AMEND THE RESOLUTION BY ADDING A NEW SECTION 4 AS FOLLOWS: "THIS VACATION IS EXPRESSLY CONTINGENT UPON SHARON BOGAN BECOMING THE RECORD OWNER OF IN BLOCK AND GRANTING A PERPETUAL EASEMENT TO THE OWNER OF LOT 15, 35, AVON -BY -THE -SEA." MR. WINCHESTER SECONDED MOTION. VOTE ON THE MOTION TO AMEND WAS UNANIMOUS. VOTE ON THE MAIN MOTION, TO ADOPT RESOLUTION NO. 83-90, AS AMENDED, CARRIED UNANIMOUSLY. NEW B MSIR. NICHOLASSUGGESTED THAT SINCE MANY PEOPLE WERE IN ATTENDANCE TO DISCUSS ITEM 8 IT BE ADDRESSED BY COUNCIL AT THIS TIME. CITY COUNCIL MINUTES DECE.IBER G, 1983 PAGE 2 OF 5 ITEM 8. MOTION RE: AUTHORIZATION FOR EXPENDITURE OF FUNDS TO SUBSIDIZE CAPE CANAVERAL LIBRARY'S SALARIES MR. NICHOLAS GAVE SOME BACKGROUND ON THIS ITEM AND EXPLAINED THAT THE COUNTY LIBRARY SYSTEM CAME UP SHORT OF FUNDS THIS YEAR AND DRASTICALLY CUT FUNDS TO. THE CAPE CANAVERAL LIBRARY RESULTING IN THE LIBRARY OPERATING VERY LIMITED HOURS. MR. NICHOLAS, THERE- FORE, RECOMMENDED A PROPOSAL TO SUBSIDIZE THE LIBRARY SALARIES THROUGH MAY, 1984. DISCUSSION FOLLOWED. IT WAS SUGGESTED THE CITY COORDINATE OUR LIBRARY HOURS WITH THE NEIGHBORING LIBRARIES SO AS TO COMPLIMENT EACH OTHER. CITY MANAGER NUTT EXPLAINED TO COUNCIL THAT HE HAD TALKED TO LIBRARY SERVICES COORDINATOR, KATHRYN STEWART, AND SHE WOULD POSSIBLY BE WILLING TO RELAX HER POLICY OF HAVING TWO PEOPLE WORKING AT ALL TIMES. DISCUSSION CONTINUED BETWEEN CHARLES KRATZENBERG, CHAIRMAN OF THE LIBRARY BOARD, AND COUNCIL. IT WAS SUGGESTED THAT THE LIBRARY BOARD HOLD A SPECIAL MEETING ,AND COME BACK TO COUNCIL WITH SPECIFIC RECOMMENDATIONS. MR. NICHOLAS MOVED TO POSTPONE THIS ITEM UNTIL THE MEETING OF DECEMBER 20TH. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, MAYOR RUTHERFORD CALLED A FIVE-MINUTE RECESS. THE MEETING WAS RECONVENED AT 8:40 P.M. ITEM 1. ,ORDINANCE NO. 26-83 RE: PROVIDING REGULATIONS FOR LOT CLEARING ESTABLISHING CODE Cf1APTER 703 (PEMIISSION TO ADVERTISE) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING CODE CHAPTER 703 "LOT CLEARING"; DECLARING CERTAIN CONDITIONS OF PROPERTY TO BE A PUBLIC NUISANCE; PROVIDING NOTICE TO THE PROPERTY OWNER; PROVIDING FOR AN ADMINISTRATIVE }TEARING AND REVIEW PROCEDURE; ESTABLISHING LIENS; PROVIDING FOR THE ENFORCEMENT OF SAID LIENS; PROVIDING FOR RECORDS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED TO ADVERTISE THIS ORDINANCE. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 27-83 RE: SPECIAL INSPECTOR THRESHOLD BUILDINGS (PERMISSION To ADVERTISE) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY CODE BY ESTABLISHING A NEW. CHAPTER TO BE ENTITLED "CHAPTER 620 SPECIAL INSPECTOR FOR THRESHOLD BUILDINGS"; BY DEFINING THRESHOLD BUILDINGS AND PROVIDING GUIDELINES FOR THE QUALIFICATIONS OF THE SPECIAL INSPECTOR; ADOPTING ALLREPEALING RPIDA ORTIONSTOr THEE ICODE60 F IN iCONFLICTE LAWS FHEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD EXPLAINED THAT THIS ORDINANCE IS NECESSARY TO COMPLY WITH STATE STATUTES. MRS. CALVERT MOVED TO ADVERTISE THIS ORDINANCE. MR. WINCHESTER SECONDED MOTION. .MOTION CARRIED UNANIMOUSLY. CITY .COUNCIL MEL7I0G DECEZMER 6, 1983 PAGE 3 OF 5 • ITEM 3. RESOLUTION NO. 83-89 RE: ACCEPTANCE OF HARBOR ❑EIGHTS RESURFACINGPROJECT MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION ACCEPTING THE HARBOR HEIGHTS PAVING PROJECT AND TO NOTIFY W-W-G- SPHALTIICOMPANY,T INC. OFRAND CITY PROJECT'S ACCEPTANCE; • TANCE; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. MR. NUTT TOLD COUNCIL HE HAD INSPECTED A SMALL PROBLEM AREA OF THE PAVING AND WAS SATISFIED IT WAS NOT THE FAULT OF THE CONTRACTOR; THAT APPARENTLY SOME GASOLINE OR OIL WAS ON THE SURFACE WHEN THE ASPHALT WAS POURED.' ACTING BUILDING OFFICIAL. HARRY KELLER, ADDRESSED COUNCIL AND. EXPRESSED ITIS CONCERN OVER THE AMOUNT OF GAP LEFT BETWEEN THE TWO LAPS. MR. WINCHESTER MOVED TO POSTPONE ACCEPTING THE PROJECT UNTIL THIS POTENTIAL PROBLEM IS CLARIFIED. MR., NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTIONNO. 83-91 RE: APPOINTMENT OF FIRSTALTERNATE MEMBER TO BOARD OF ADJUSTMENT MAYOR. RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION APPOINTING A FIRST ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED TO APPOINT JO S. BARB AS FIRST ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT WITf1 A TERM TO EXPIRE OCTOBER 1985. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNAN Ib1OUSLY. ITEM 5. 610TION RE: AUTHORIZATION FOR CHRISTMAS BONUSES FOR CITY EF_, 1PLOYEGS MAYOR RUTHERFORD EXPLAINED THAT THE CITY HAD TRADITIONALLY. GIVEN CHRISTMAS BONUSES TO THE EMPLOYEES WHEN FUNDS WERE AVAILABLE- GIVEN FORMULA THAT HAD BEEN USED WAS $25.00. FOR THE FIRST YEAR AND $15.00 FOR EACH ADDITIONAL YEAR FOR FULL—TIME EMPLOYEES AND $12.50 FOR THE FIRST YEAR AND $15.00 FOR EACH ADDITIONAL YEAR FOR PART—TIME EMPLOYEES. THE BONUS LIST IS ATTACHED TO THESE MINUTES. MAYOR RUTHERFORD MOVED TO AWARD CHRISTMAS BONUSES IN THE AMOUNT OF $2,500. MRS..CALVERT SECONDED MOTION., MOTION CARRIED UNANIMOUSLY.. ITEM G. MOTION. AUTHORIZATION FOR FIRE DEPARTMENT FOURTH QUARTER PAYROLL DISTRIBUTION FOR DECEMBER 1G MAYOR RUTHERFORD MOVED TO PAY THE FIREMEN FOR THE FOURTH QUARTER ON DECEMBER 16TH. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ZATION FOR ITEM 7• WOT12ll REANDUCOMDIN INE WORKS'UiIIOPNWITIIAREGULAR MEETINGTION OF , 29 ON JANUARY 3 MR. NICHOLAS MOVED TO CANCEL THE WORKSHOP MEETING ON. DECEMBER 29 AND COMBINE IT WITH THE REGULAR COUNCIL MEETING ON JANUARY 3. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CI'PY COUNCIL MINING DDMU3m G, 1983 PAGE 4 Or 5 I ITEM 9. .MOTION RE: APPOINTMENT OF SPECIAL COUNSEL FOR CAMPIONE PROBLEM CITY ATTORNEY SCOTT EXPLAINED THAT HE HAD BEEN HANDLING MR. CHRIS CAMPIONE'S LEGAL WORK AND FINDS HIMSELF IN A POTENTIAL. CONFLICT BECAUSE OF A PROPERTY DISPUTE INVOLVING MR. CAMPIONE'S PROPERTY AT THE ENTRANCE TO HARBOR HEIGHTS. MR. SCOTT TOLD COUNCIL HE HAD CONTACTED BOTH MR. JAMES THERIAC. AND MR. WILLIAM CLIFTON AND THEY BOTH WOULD BE WILLING TO ACT AS THE CITY'S COUNSEL. MR. CLIFTON'S FEE WOULD BE $75.00 PER HOUR AND MR. THERIAC'S WOULD BE $70.00 PER HOUR. MR. NICHOLAS 'MOVED TO APPOINT MR. THERIAC AS SPECIAL COUNSEL. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY., DISCUSSION CITY ATTORNEY SCOTT TOLD COUNCIL THAT THE UNEMPLOYEMNT COMPENSATION HEARING WAS HELD THAT DAY REGARDING FORMER WASTEWATER TREATMENT EMPLOYEE JOY MARCONI. HE NOTED THAT NOTHING FROM THE TESTIMONY INDICATED THAT THE CITY SHOULD RUSH INTO A SETTLEMENT. HOWEVER, MR. KIRSCHENBAUM INFORMED HIM A SUIT WILL BE FILED AGAINST THE CITY, IN MS. MARCONI'S BEHALF, REGARDLESS OF THE OUTCOME OF THE UNEMPLOYMENT HEARING. MR. FISCHETTI READ A LETTER HE. HAD DRAFTED TO SEND TO SIX LARGE CORPORATIONS ASKING THEM TO CONSIDER LOCATING IN CAPE CANAVERAL. HE WOULD LIKE TO MAIL THE LETTERS OUT WITH COUNCIL'S APPROVAL. THE MEMBERS. OF THE COUNCIL COMMENDED MR. FISCHETTI FOR HIS EFFORTS IN THIS MATTER. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:07 P.M. APPROVED THIS 20th DAY OF Dece 1983.. ' tLAYOR ATTEST: J CITY CLERK `J (THESE MINUTES WERE TRANSCRIBED BY SECRETARY, JAN 'LEESER) CITY Cm)CIL MEETING, DEMMEER 8, 1983 PAGE 5 OP 5 CITY OP CAPE Cl.NlVF RAI. - XMAS BONUS 19P DATF_Of EFIP1.�1'MFNT ADM"lI SI RAT It1N_ F_REIIERICK MUTT mm e—R CROSSING GUARDS BUILDING DEPT. JOANNE T. HINTON (PARF- STREET DEPT. PARKS E PLAYGROUNDS -J_711 DANIAL VORSINO POLLUTION CONTROL CONTROL -=2 1793 0_82 KEITH T. JORDAN •_6_32 h!UGH O'KEEFE -0- !-20-82 GARY SIP.MANS TOTAL -I 1_E3 DANNY NEELY 85.1 -18-83 ANTIMl 11-"ISB11 RECREATION COF!PI_EX - TIME) -21-78_Nr__NCY_ IIAN50N HO!AER CPAP. •-�5. L015 JOHh1 (PAR -r8--___-_ 1,29-73 JOH IIARf:Y R. JOHh150pi (PAR NARK T. ROLAI_iKl Cf_AR -'r0-S7 `- DAN I_FL H-. DECLUE CPAR — _n_ 2s.nn TOT TOT 4 GI;ACD 10YAL XMAS GONUS S 2, 5no.On iUL; -T !!dr-i`IIPLDYII;S $25.no FIRST YEAR, Sls.oO I:ACN r,OnI TIOI:AI_ YE;,R. r•A__f -rL-^P�.n•n_ES .. ;1'7.50 FIRST YEAR, 1,15.00 EACII ADD:TIomAL YEAR. . M NUrES•DDM.WER 6,01983IL -0- -0- -D- TOTAL 85.1 - TIME) 1�• 4 GI;ACD 10YAL XMAS GONUS S 2, 5no.On iUL; -T !!dr-i`IIPLDYII;S $25.no FIRST YEAR, Sls.oO I:ACN r,OnI TIOI:AI_ YE;,R. r•A__f -rL-^P�.n•n_ES .. ;1'7.50 FIRST YEAR, 1,15.00 EACII ADD:TIomAL YEAR. . M NUrES•DDM.WER 6,01983IL