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Home My WebLink AboutMinutes 02-07-1984l CITY COUNCIL. REGULAR MEETING FEBRUARY 7, '1984 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON FEBRUARY 7, 1984 AT CITYHALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR WAYNE RUTHERFORD AT 7:30 P.M. THE INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT WERE:. MAYOR W. RUTHERFORD, MAYOR PRO TSM J. CALVERT, COUNCIL MEMBERS J. FISCHETTI, L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT WERE CITY MANAGER F. NUTT AND CITY ATTORNEY J. SCOTT. MRS. CALVERT MOVED TO APPROVE ,THE MINUTES OF JANUARY 17, 1984. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. RESOLUTION NO 84-2 RE•AMENOMENT AND ANNUAL REVIEW, LAND USE ELEMENT OF COMPREHENSIVE PLAN (PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION, ADOPTING THE AMENDMENTS AND ANNUAL REVIEW OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CAPE CANAVERAL, FLORIDA;. PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MAYOR RUTHERFORD. EXPLAINED THAT THE PLANNING AND ZONING BOARD HELD A PUBLIC HEARING REGARDING THE ANNUAL REVIEW OF THE 'COMPREHENSIVE PLAN ON JANUARY 25, 1984. HE FURTHER EXPLAINED THAT THE RESOLUTION (1) CHANGED THE LAND USE MAP SO THAT IT COINCIDES WITH THE CURRENT ZONING MAP, (2) DELETED THE MIDDLE PARAGRAPH ON .PAGE 2-17, WHICH PROHIBITED PYRAMID ZONING BECAUSE THE CITY ALLOWS PYRAMID ZONING BY SPECIAL EXCEPTION, AND (3) ADDED THE. FOLLOWING VERBAGETO THE LAST SENTENCE UNDER GOALS - HOUSING SUPPLY, ON PAGE 3-9: "AND INCLUDING GROUP HOMES AND FOSTER CARE. FACILITIES." VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 84-2 ADOPTED. NEW BUSINESS ITEM 1J ORDINANCE NO. 2-84 AMENDING CODE CHAPTER 231 RE: ESTAIILI SIZING GENERAL ORGANIZATION OF. THEY FIRST READING AND PUOLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 231, "GENERAL ORGANIZATION,", OF THE CITY CODE OF THE CITY. OF CAPE, CANAVERAL, FLORIDA, BY ESTABLISHING THE GENERAL ORGANIZATION OF THE CITY OF CAPE CANAVERAL, FLORIDA; ESTABLISHING THE DUTIES AND RESPONSIBILITIES OF THE COUNCIL, MAYOR, MAYOR PRO TEM, CITY MANAGER, CITY CLERK, CITY ATTORNEY, CITY TREASURER, SUPERINTENDENT OF PUBLIC WORKS AND VARIOUS. VOLUNTARY BOARDS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.. MRS. CALVERT MOVED TO APPROVE FIRST READING.. MAYOR RUTHERFORD SECONDED MOTION. DISCUSSION FOLLOWED. MRS. CALVERT MOVED TO, AMEND BY CHANGING THE WORD "SHALL" TO "MAY" IN THE FOLLOWING SECTIONS:, SEC: 231.13, DEPUTY CITY MANAGER; SEC. 231.23, DEPUTY CITY CLERK; SEC. 231.33, DEPUTY CITY CITY COuNCIL MINUTES PAGE 1 OF 3 PLUS ATTACIZom -2-7-84 ATTORNEY; SEC. 231.43, DEPUTY CITY TREASURER; AND, SEC. 231.61, SUPERINTENDENT OF PUBLIC WORKS. MAYOR RUTHERFORD SECONDED MOTION.. VOTE ON THE MOTION TO AMEND WAS UNANIMOUS. VOTE ON THE MAIN MOTION, TO APPROVE FIRST READING OF ORDINANCE NO. 2-84, AS AMENDED, CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. MOTION RE: 1982-83 AUDIT REPORT MAYOR RUTHERFORD MOVED TO ACCEPT THE 1982-83 AUDIT REPORT. MRS.. CALVERT. SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THE COUNCIL HAD RECENTLY RECEIVED THE 1982-83 AUDIT REPORT AND WAS REQUIRED TO APPROVE THE AUDIT. VOTE ON THE MOTION CARRIED UNANIMOUSLY. ITEM 2. t4OTION RE: APPROVAL OF PLAT MAP FOR BBMI INC. GARDEN EACH MAYOR RUTHERFORD MOVED TO APPROVE THE PLAT MAP FOR DBM, INC. MRS. CALVERT SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS PLAT HAD BEEN APPROVED BY THE PLANNING AND ZONING BOARD. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 84-1 RE: APPOINTMENT OF BEAUTIFICATION BOARD MEMBER MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED. FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNeANIMOUSLY. MS. HELEN MILLIKAN WAS APPOINTED TO THE BEAUTIFICATION BOARD FOR A TERM TO EXPIRE NOVEMBER 5, 1985. ITEM 4. MOTION RE: BUDGET TRANSFERS. COUNCIL HAD BEFORE THEM A.LIST OF SUGGESTED BUDGET TRANSFERS, WHICH IS ATTACHED TO THESE MINUTES. idAYOR RUTHERFORD MOVED TO APPROVE THE TRANSFERS. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION RE: DONATIO14 TO LITTLE LEAGUE MAYOR RUTHERFORD. EXPLAINED THAT RONNIE FARMER HAD DONATED HIS EXCESS CN4PAIGN FUNDS TO THE CITY AND HAD ASKED THE CITY COUNCIL TO TURN THE FUNDS OVER TO THE CAPE CANAVERAL LITTLE LEAGUE. ,MAYOR RUTHERFORD MOVED TO DONATE $63.90 TO THE CAPE CANAVERAL LITTLE LEAGUE. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. DISCUSSION RE: BEACH EROSION. MR. FISCHETTI EXPLAINED THAT HE HAD REQUESTED THIS .ITEM BE PLACED ON THE AGENDA BECAUSE OF HIS CONCERN ABOUT THE PROBLEM OF BEACH EROSION. DISCUSSION FOLLOWED. MR. NICHOLAS AND FOR14ER MAYOR 6tURPHY SUGGESTED CITY MANAGER F. NUTT CONTACT MR. BOB MURKSHE OF THE BREVARD COUNTY EROSION CONTROL BOARD. CITY COUNCIL MEETING PAGE 2 OF 3 PLUS AITAOL,o P -2-7-84 ,, fviICRCFUviED 4-i:,►-85 DISCUSSION MAYOR RUTHERFORD REMINDED COUNCIL OF THE BREVARD LEAGUE OF CITIES MEETING MONDAY, FEBRUARY 13 , AT THE RAMADA INN IN MELBOURNE. MR. NUTT TOLD COUNCIL HE HAD APPOINTED MR. DANIEL SALVUCCI OF COCONUT CREEK, FLORIDA, AS BUILDING OFFICIAL. MR. SALVUCCI IS SCHEDULED TO BEGIN WORK FOR THE CITY ON FEBRUARY 27 . MR. FISCHETTI QUESTIONED THE STATUS OF THE CANAVERAL BEACH GARDENS RESURFACING PROJECT. MR. NUTT EXPLAINED THAT THE CITY STAFF IS IN THE PROCESS OF DOING THE PROPERTY SEARCH IN THAT AREA. MR. FISCHETTI ALSO QUESTIONED IF THERE WAS A TIME LIMIT A BUILDING MUST BE COMPLETED ONCE A BUILDING PERMIT WAS ISSUED. IT WAS EXPLAINED TO HIM THAT CONSTRUCTION MUST BE STARTED IN SIX MONTHS OF THE ISSUANCE OF THE PERMIT AND "SUBSTANTIAL" PROGRESS • MUST BE MADE EVERY SIX MONTHS THEREAFTER. IT WAS FURTHER EXPLAINED THAT IT IS UP TO THE BUILDING OFFICIAL TO INTERPRET IF THE "SUBSTANTIAL PROGRESS" IS MADE. MR. NICHOLAS QUESTIONED MR. NUTT ABOUT THE GENTLEMAN SELLING FURNITURE OUT OF THE TRUCK AT OCEAN CARPETS. MR. NUTT EXPLAINED THAT IT IS A UNIQUE SITUATION BECAUSE HE IS OPERATING THROUGH OCEAN CARPETS AND IS ALLOWED TO SELL FROM THE TRUCK AS LONG AS HE IS NOT TAKING UP PARKING SPACES OR SELLING ON THE RIGHT OF WAY. MEMBERS OF THE COUNCIL CITED A SECTION IN THE OLD ZONING ORDINANCE PROHIBITING OUTDOOR DISPLAY OF MERCHANDISE. THE MAYOR SUGGESTED THIS ITEM BE REFERRED TO THE PLANNING AND ZONING BOARD. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8 :17 P.M. APPROVED THIS 21st DAY OF February , 1984 . MA OR ATTEST: ✓ J a CI Y CLERK )) CITY COUNCIL MEETING PAGE 3 OF 3 PLUS ATTACHMENT - 2-7-84 a DISCUSSION MAYOR RUTHERFORD REMINDED COUNCIL. OF THE BREVAP.D LEAGUE OF CITIES MEETING MONDAY, FEBRUARY 13, AT THE RAMADA. INN IN .MELBOURNE. MR. NUTT TOLD COUNCIL HE HAD APPOINTED 'MR. DANIEL SALVUCCI OF COCONUT CREEK, FLORIDA, AS BUILDING OFFICIAL. MR. SALVUCCI IS SCHEDULED TO BEGIN WORK FOR THE CITY ON FEBRUARY 27. MR. FISCHETTI. QUESTIONED THE STATUS OF THE CANAVERAL BEACH GARDENS RESURFACING PROJECT. MR. NUTT EXPLAINED, THAT THE CITY STAFF IS IN THE PROCESS OP DOING THE PROPERTY SEARCH IN THAT AREA. MR. FISCHETTI ALSO QUESTIONED IF THERE WAS A TIME LIMIT A BUILDING MUST BE COMPLETED ONCE A BUILDING PERMIT 14AS'ISSUED.. IT WAS EXPLAINED TO HIM THAT CONSTRUCTION MUSTBE STARTED IN SIX MONTHS OF THE ISSUANCE OF THE PERMIT AND "SUBSTANTIAL" PROGRESS, MUST BE MADE EVERY SIX MONTHS THEREAFTER. IT WAS FURTHER EXPLAINED THAT IT IS UP TO THE BUILDING OFFICIAL TO INTERPRET IF THE "SUBSTANTIAL PROGRESS" IS MADE. MR. NICHOLAS QUESTIONED MR. NUTT ABOUT THE GENTLEMAN SELLING FURNITURE OUT OF THE TRUCK AT OCEAN CARPETS. MR. NUTT EXPLAINED THAT IT IS A UNIQUE SITUATION BECAUSE HE IS OPERATING THROUGH OCEAN CARPETS AND IS ALLOWED TO SELL FROM THE TRUCK AS LONG AS HE IS NOT TAKING UP PARKING SPACES OR ,SELLING ON THE RIGHT OF WAY. MEMBERS OF THE COUNCIL CITED A SECTION IN THE OLD ZONING ORDINANCE. PROHIBITING OUTDOOR DISPLAY OP MERCHANDISE. THE MAYOR SUGGESTED THIS ITEM BE REFERRED, TO THE PLANNING AND ZONING BOARD. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:17 P.M. APPROVED THIS 21st DAY OF Febciary , 1984. ntA oR � J ATTEST: CITY CLERK CITY COUNCIL MEETING PAGE 3 OF 3 PLUS ATTACFDorr - 2-7-84 M F. 610 DATE: FEBRUARY 2, 1904 TO:. DUIYOR AND CITY COUNCIL FROM: ACTING CITY TREASURER SUBJECT: BUDGET TRANSFERS FROM OFFICE SUPPLIES 001-511-511 TO GENERAL INSURANCE 001-511-45 $ 100.00 FROM SUBSCRIPTIONS & MEMBERSHIP DUES 001-511-54 TO TRAVEL, SCHOOLS, XIL£AGE 001-511-55 100.00 FROid OFFICE SUPPLIES 001-514-511 TO GIiNERAL INSURANCE O01-514-45 20.00. FROM UNLEADED MOTOR FUEL 001-521-524 2,000.00 TO POLICE TRAINING ESCROW 001-521-351 1,900.00 TO uNIFORMS FOR CROSSING GUARDS 001-521-23 100.UU FROM SALARIES 001-524-12 TO PROFESSIONAL SERVICES 001-524-31 9,000.00 FROM CONTING>:NCY 001-504-99 400.00 TO GENERAL INSURANCE 001-524-45 100.00 TO MISCELLANEOUS 001-524-495 200.00 TO SUPPLIES O01-524-511 100.00 TO ADJUST FEDERAL RLVENUE SHARING IN THE AMOUNT OF $ 16,310.00 ESTI[•I:+TED INCOME FROM 16,954.00 to. 33,264.00 INCREASE CONTINGENCY 001-584-99 IN, THE AMOUNT OF $. 16, 310.00 ATTACHMENT TO MINUTES OF 2- 7-84