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HomeMy WebLinkAboutMinutes 12-20-1983CITY COUNCIL REGULAR MEETING DECEMBER 20, 1983 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON DECEMBER 20, 1983 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR RUTHERFORD AT 7:30 P.M. MAYOR RUTHERFORD EXPLAINED THAT MRS. .CALVERT WAS ABSENT DUE TO REPRESENTING THE CITY AT THE MEMORIAL SERVICE FOR FORMER BOARD OF ADJUSTMENT MEMBER, JACK MCNEELY. AT THIS TIME, MAYOR RUTHERFORD ASKED EVERYONE TO STAND AND OBSERVE A FEW MINUTES OF SILENCE IN MR. McNEELY'S MEMORY. PLEDGE OF ALLEGIANCE WAS .THEN LED BY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. rISCHETTI, MR. NICHOLAS AND MR. WINCHESTER. ALSO PRESENT WERE CITY MANAGER F. NUTT AND CITY ATTORNEY J. SCOTT. MRS. CALVERT WAS ABSENT AS EXPLAINED ABOVE. MR. FISCHETTI MOVED TO WAIVE THE READING OF. THE MINUTES OF DECEMBER 6, 1983. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 25-83 RE: AMENDMENTS TO IONIN32.01,ORDINANCE 'N0. 2-83, AS AMIENDED BY .AMENDING SECTION 632.01, 637.51 (}i) 641.01 (A) SECOND READING 6 PUBLIC I}EARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 2-83, CODE CHAPTER 631, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL,FLORIDA; AMENDING SECTION 632.01 BY RE—DEFINING HEIGHT Or BUILDING; AMENDING SECTION 637.51(H) BY INCLUDING COMMERCIAL ESTABLISH— MENTS WHICH SELL, DISPENSE,. SERVE OR STORE ALCOHOLIC BEVERAGES AND ON WHICH PREAISES. ALCOHOLIC BEVERAGES ARE CONSUMED; AMENDING SECTION 641.01(A) BY REQUIRING A SPECIAL EXCEPTION FOR ESTABLISH— MENTS, WHETHER OR NOT LICENSED BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATIONS, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, WHICH DISPENSE, SELL, SERVE, STORE OR PERMIT CON— SUMPTION ON THE PREMISES Or ALCOHOLIC BEVERAGES; REPEALING ALL PORTIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDI14G AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION'. MR. WINCHESTER SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS ORDINANCE RE—DEFINED HEIGHT OF BUILDINGS. IT WAS NOTED THAT IT ALSO PLACED ALL ESTABLISHMENTS. WHICH DISPENSE, SELL, SERVE, STORE OR PERMIT CONSUMPTION ON THE PREMISES OF ALCOHOLIC BEVERAGES IN THE SAME CATEGORY, WHETHER OR NOT LICENSED BY THE FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 25-83 ADOPTED. ITEM 2.ORDINANCE NO. 26-83 RE: 'PROVIDING REGULATIONS FOR LOT CLEARING ESTABLISHING CODE CHAPTER 703 FIRST READING AND PURLZC HEeIRLIdG I•AYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING CODE CHAPTER 703 "LOT CLEARING"; DECLARING CERTAIN CONDITIONS OF PROPERTY TO EE A PUBLIC [IUISANCE; PROVIDING NOTICE TO THE PROPERTY OWNER; CITY COUNCIL MII;t7PES DEMSER 20, 1983 PAGE 1 or 4 PROVIDING FOR AN ADMINISTRATIVE HEARING 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. MR. NICHOLAS MOVED TO APPROVE. FIRST READING. MR. FISCHETTI SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS WOULD ESTABLISH PROCEDURES FOR CLEARING THE OVERGROWN LOTS IN THE CITY. THERE BEING NO DISCUSSION FROM CITIZENS IN THE AUDIENCE, MAYOR RUTHERFORD REQUESTED THATTHE QUESTION BE CALLED. MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 26-83 APPROVED FIRST READING. ITEM 3. ORDINANCE NO. 27-83 RE: SPECIAL INSPECTOR—THRESHOLD BUIDLINGS. ESTABLISHING CODE CHAPTER 623 [FIRST READING AND PUBLIC HEARING[ 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 623, SPECIAL INSPECTOR FOR THRESHOLD BUILDINGS"; BY DEFINING THRESHOLD BUILDINGS AND PROVIDING GUIDELINES FOR THE QUALIFICATIONS OF THE SPECIAL INSPECTOR; ADOPTING FLORIDA CHAPTER 83-160 OF THE LAWS OF .FLORIDA;. REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO. APPROVE. FIRST READING. MR. WINCHESTER SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT TRIS ORDINANCE SETS UP A.SPECIAL INSPECTOR FOR THRESHOLD BUILDINGS AS DEFINED IN STATE STATUTES. MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 27-83 APPROVED FIRST READING. ITEM 4. RESOLUTION NO. 83-89 RE: ACCEPTANCE OF HARBOR HEIGHTS RESURFACING. PROJECT. MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION ACCEPTING THE HARBOR HEIGHTS PAVING PROJECT AND AUTHORIZING THE MAYOR AND CITY CLERK TO NOTIFY W.W.G. ASPHALT COMPANY, INC. OF PROJECT'S ACCEPTANCE; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. IT WAS NOTED THAT CITY MANAGER F. NUTT. HAD INSPECTED THE PROJECT AND RECOMMENDED COUNCIL APPROVAL. MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 83-89 ADOPTED. ITEM 5. MOTION RE: AUTHORIZATION FOR EXPENDITURE OF FUNDS TO SUBSIDIZE CAPE CANAVERAL LIBRARY'S SALARIES [POSTPONED DECEMBER 6 MAYOR RUTHERFORD MOVED TO ACCEPT THE CITY MANAGER'S RECObIF1ENDA— TION AND AUTHORIZE $1,000 FOR ADDITIONAL HOURS OF LIBRARY SERVICE, TO BE COORDINATED BETWEEN THE LIBRARIAN AND THE CITY MANAGER, FOR A 13—WEEK PERIOD. MR. NICHOLAS SECONDED MOTION. AT THIS TIME, MR. GEORGE FIRKINS, VICE—PRESIDENT OF SHUFORD MILLS, INC., ADDRESSED .COUNCIL AND INFORMED THEM THAT IN JANUARY THE CITY WOULD RECEIVE A $1,200 CHECK FROM SHUFORD MILLS TO BE USED FOR LIBRARY SERVICES. THE MAYOR AND THE COUNCIL THANKED FIR. FIRKINS FOR SHUFORD MILLS' GENEROSITY. VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. CITY COUNCIL MIll;UPFS DECEMBER 20, 1983 PACE 2 OF 4 NEW BUSINESS ITEM 1. ORDINANCE NO. 1-84 RE: AMENDING CODE CHAPTER 547, BUILDING PERMIT FEES, BY PROVIDING FOR BUILDING PERMIT FEES, SITE PLAN REVIEW FEES, AND SUBDIVISION OF LAND. FEES [PERMISSION TO ADVERTISEj. MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CODE CHAPTER 547, "BUILDING PERMIT FEES", BY PROVIDING FOR BUILDING PERMIT FEES, SITE PLAN REVIEW FEES, AND SUBDIVISION OF LAND FEES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO ADVERTISE ORDINANCE NO. 1-84. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. I ITEM 2. RESOLUTION NO. 83-92 RE: AMENDING HARBOR. HEIGHT'S ASSESSMENT ROLL MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AMENDING THE ASSESSMENT ROLL FOR THE HARBOR HEIGHTS RESURFACING PROJECT ADOPTED ON SEPTEMBER 6, 1983; AUTHORIZING THE CITY CLERK TO RECORD THE AMENDED ASSESSMENT ROLL; AUTHORIZING THE CITY TREASURER TO MAKE AMENDMENTS TO THE ASSESSMENT ROLL; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD EXPLAINED THAT THE COST OF THE HARBOR HEIGHTS RESURFACING HAD DECREASED FROM $2.60 A FRONT-FOOT TO $2.15 A FRONT- FOOT DUE TO THE ACTUAL PROJECT COST BEING LESS THAN ESTIMATED. MR. FISCHETTI MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 83-92 ADOPTED. ITEM 3. MOTION RE: ENGINEERING SERVICES - DUNE CROSSOVER PROJECT MAYOR RUTHERFORD MOVED TO ACCEPT THE REVISED PROPOSAL FROM BRILEY, WILD AND ASSOCIATES IN THE AMOUNT OF .$4,200. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION RE: REQUEST FOR STREET LIGHT ON WASHINGTON AVENUE MAYOR RUTHERFORD MOVED TO INSTALL A STREET LIGHT ON WASHINGTON AVENUE. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. DISCUSSION WITH BUILDING OFFICIAL MAYOR RUTHERFORD EXPLAINED THAT THIS ITEM WAS ON THE AGENDA BECAUSE THE QUESTION HAD BEEN RAISED WHY TWO LIL GENERAL STORES WERE NOT REQUIRED TO GET SPECIAL EXCEPTION TO SELL BEER AND WINE. CITY ATTORNEY J. SCOTT EXPLAINED TO COUNCIL THAT FLORIDA STATUTE 563 STATES. THAT PLACES WHICH ONLY HAVE TAKE-OUT BEER SALES CANNOT BE REGULATED BY 7,ONING BY LOCAL MUNICIPALITIES. IT WAS NOTED BY ACTING BUILDING OFFICIAL H. KELLER THAT MANY OF THE PLACES THAT ARE SELLING BEER FOR OFF-PREMISE CONSUMPTION ARE ALSO SELLING WINE AND WINE SALES ARE NOT ADDRESSED IN F.S. 563. MR. KELLER WILL RESEARCH THIS MATTER FURTHER. THIS ITEM TO BE PLACED ON NEXT WORKSHOP AGENDA. DISCUSSION CITY MANAGERF. NUTT REMINDED COUNCIL THAT THE CITY CHRISTMAS PARTY WOULD DE .HELD FRIDAY AFTERNOON, DECEMBER 23RD. CITY COUNCIL MU ZUITS DDMIDER 20, 1983 PAGE 3 OF 4 • M' ICROf1L VED 4-15-85 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 4 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 , Dec-N - _ , 1983 . 1.1.11 —,Af lOrAYOR ATTEST: • CITY CLERK - a • (THESE MINUTES WERE TRANSCRIBED BY SECRETARY, JAN LEESER) CITY COUNCIL MEETING DECEMBER 6, 1983 PAGE 5 OF 5 CITY ATTORNEY J. SCOTT INFORMED COUNCIL THAT THE INTERVIEWS HELD AT THE WASTEWATER TREATMENT PLANT REGARDING JOY MARCONI'S POTENTIAL LAWSUIT WERE INCONSEQUENTIAL, THERE BEING NO FURTHER. BUSINESS, THE MEETING WAS ADJOURNED AT 8:17 P.M. APPROVED THIS 3rd DAY OF JANUARY, 984. ATTEST: MArOR CITY CLERK [THESE MINUTES WERE TRASCRIBED BY SECRETARY, JAN LEESERI CITY COUNCIL MINUTES DWn4BER 20, 1983 PAGE 4 OF 4