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Home My WebLink AboutMinutes 03-20-1984CITY COUNCIL REGULAR MEETING MARCH 20, 1984 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY Or CAPE CANAVERAL, FLORIDA. WAS HELD ON MARCH 2O, 1984, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY .MAYOR RUTHERFORD. AT 7:30 P.M. 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 TCM J• CALVERT, COUNCIL .MEMBERS L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT WERE ECITY MANAGER F. NUTT AND CITY ATTORNEY J. SCOTT. MR. FISCHE TTI ABSENT DUE To A PRIOR COMMITMENT. AT THIS TIM£, MR. TOM BIXBY OF THE CAPE CANAVERAL LITTLE LEAGUE PRESENTED A CERTIFICATE OF APPRECIATION TO THE CITY. MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF MARCII 6, 1984. MR. WINCHESTER SECONDED MOTION. MOTION PASSED UNANIMOUSLY - UNFINISHED BUSINESS OD ITEM 1.6261 ADOPTING 19884EDITIONESTABLISHING II C OFLIFESAFETYCODE FIRST READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ. THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ESTABLISHING CHAPTER 626,. "LIFE SAFETY CODE", OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 'LIFE SAFETY CODE - 1981 .EDI TION (NFPA #101); REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS., CALVERT SECONDED MOTION. NO DISCUSSION. MOTION PASSED UNANIMOUSLY. ORDINANCE NO. 4-84 APPROVED FIRST READING. IN DE CH ITEM 2. 6291N ADOPTNNG 198-0IEDITIONINATIONAL FIREAPTER PREVENTION CODE rIRST READING ANO PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF TUE ORDINANCE AS FOLLOWS: CITY COUNCIL MEETING MINUTES MARCH 20, 1984 PAGE 1 Or 5 AN ORDINANCE. ESTABLISHING CHAPTER 629, "NATIONAL FIRE PREVENTION CODE", BY ADOPTING THE NATIONAL FIRE PREVENTION CODE - 1984 EDITION (NFPA #1); REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. NRS. CALVERT SECONDED MOTION. CITY MANAGER F. NUTT EXPLAINED THAT THE FIRE PREVENTION CODE IS UPDATED EACH YEAR AND THE OFFICIAL TITLE IS THE NATIONAL FIRE PREVENTION CODE OF 1975, AS AMENDED. SINCE THE ORDINANCE REFEHED TO IT AS THE 1984 EDITION, AN AMENDMENT WAS IN ORDER. MAYOR RUTHERFORD MOVED TO AMEND THE TITLE AND SEC. 629.01 TO READ: "1975 EDITION, AS AMENDED." MRS. CALVERT SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION, TO APPROVE FIRST READING OF ORDINANCE NO. 5-84, PASSED UNANIMOUSLY. ITEM 3. ORDINANCE NO. 6-84, AMENDING CODE CHAPTER 623, SPECIAL INSPECTOR - THRESHOLD BUILDINGS FIRST READING AND PUBLIC HEARING). MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 623, "SPECIAL INSPECTOR - THRESHOLD BUILDINGS", OF THE CITY. CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA BY CLARIFYING SEC. 623.03 (c), INSURANCE, REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION.. MRS. CALVERT SECONDED MOTION. CITY MANAGER NUTT RECAPPED THE CHANGES THAT WERE IN THE ORDINANCE .THAT COUNCIL HAD BEFORE THEM: 1) OPTION OF A $1,000,000 BOND IN LIEU OF INSURANCE, 2) HAVING THE POLICY IN EFFECT THREE YEARS AFTER THE COMPLETION OF THE LAST PROJECT; 3) THE CITY BE NOTIFIED 15 DAYS PRIOR TO ANY CANCELLATION OR CHANGE IN THE POLICY. NR. NUTT FURTHER EXPLAINED THAT IN ANSWER TO ,HIS INQUIRY, MR. KELLY OF MAC MILLAN, BUCHANAN AND KELLY INSURANCE AGENCY INFORMED HIM THE CITY CANNOT PURCHASE THE POLICY ON THE SPECIAL INSPECTORS. CITY COUNCIL MEETING MINUTES MARCH 20, 1904 PAGE 2 OF 5 DISCUSSION CONTINUED ON HOW TO GUARANTEE THAT THE SPECIAL INSPECTORS KEEP THE .INSURANCE IN EFFECT FOR THREE YEARS AFTER THE COMPLETION OF THEIR LAST PROJECT. IT WAS SUGGESTED THAT A CONTRACT BE DRAWN UP BETWEEN THE CITY AND THE SPECIAL INSPECTOR. MR. WALTER POENISCH, REPRESENTING THE SEA JADE DEVELOPMENT, ADDRESSED COUNCIL TO INFORM THEM. THAT THEIR CONSTRUCTION WAS BEING HELD UP BECAUSE OF NOT BEING ABLE TO HIRE A SPECIAL INSPECTOR THAT CAN QUALIFY UNDER THE. CITY'S PRESENT, INSURANCE REQUIREMENTS.. HE WAS ASSURED BY COUNCIL, THAT. FORESEEING NO PROBLEMS, THIS ORDINANCE WOULD BE ADOPTED ON APRIL 3RD. VOTE ON THE MOTION TO APPROVE FIRST READING OP ORDINANCE, NO. 6-84, PASSED UNANIMOUSLY. NEW BUSINESS ITEM 1. RESOLUTION NO. 84-6 RE: POSSIBLE PENDING STATE LEGISLATION. REGULATING PLACEMENT OF. MOBILE HOMES IN MUNICIPALITIES MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A 'RESOLUTION REQUESTING THAT THE STATE LEGISLATURE VIGOROUSLY RESIST ANY BILLS WHICH WOULD PROHIBIT CITIES AND COUNTIES FROM REGULATING THE PLACEMENT OF MOBILE HOMES THROUGH ZONING, PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS RESOLUTION ASKED THE STATE LEGISLATURE NOT TO OVERTURN OUR ZONING REGULATIONS. NO DISCUSSION. VOTE ON THE MOTION TO ADOPT RESOLUTION NO. 84-6 CARRIED UNANIMOUSLY. .ITEM 2. RESOLUTION NO. 84-7 RE: REQUESTING BREVARD LEGISLATIVE DELEGATION SPONSOR LEGISLATION TO Abl£ND THE FLORIDA LOCAL UNWANTED LAND USE LAW MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: CITY COUNCIL MEETING MINUTES ARCH 20, 1984 PAGE 3 OF 5 A RESOLUTION REQUESTING THE BREVARD LEGISLATIVE DELEGATION TO SPONSOR AND SUPPORT LEGISLATION TO AMEND THE FLORIDA LOCAL UNWANTED LAND USE (LULU) LAW; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS' RESOLUTION. ASKED THE STATE TO HOLD PUBLIC HEARINGS BEFORE SITING A CORRECTIONS FACILITY PRIOR TO MAKING THEIR DECISION. VOTE ON THE MOTION, TO ADOPT RESOLUTION NO. 84-7,PASSED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 8 -0 - RE: LEGISLATION REQUIRING ➢EVERAGE CONTAINE8R DEPOSITS MAYOR RUTHERFORD. READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, DREVARD COUNTY, FLORIDA, STRONGLY URGING THE FLORIDA STATE LEGISLATURES TO PASS CONTAINER .LEGISLATION WHICH REQUIRES BEVERAGE CONTAINER DEPOSITS AND DISCOURAGES UNWANTED THROWAWAYS; PROVIDING AN .EFFECTIVE DATE. MR. WINCHESTER MOVED FOR ADOPTION. MAYOR RUTHERFORD SECONDED MOTION. DISCUSSION WAS HELD ON THE STORAGE PROBLEMS OF THE VARIOUS STORES AND BARS REGARDING THE EMPTY CONTAINERS. VOTE ON THE, MOTION WAS AS FOLLOWS; IN FAVOR, MRS. CALVERT, MAYOR RUTHERFORD AND MR. WINCHESTER.. AGAINST, MR. NICHOLAS. MOTION CARRIED. .RESOLUTION NO. 8'4-8 ADOPTED. DISCUSSION MAYOR RUTHERFORD MENTIONED A LETTER THAT THE COUNCIL MEMBERS HAD RECEIVED FROM CANAVERAL PORT AUTHORITY INDEMIFYING THE CITY AND THE VOLUNTEER FIRE DEPARTMENT FROM ANY CLAIMS ,ARISING .FROM THE FIRE ABOARD THE SCANDINAVIAN SEA AND THAT THEY INTEND TO REIMBURSE. THE CITY FOR ALL MATERIAL EXPENDED DURING THE FIRE. CITY ATTORNEY SCOTT 'INFORMED COUNCIL THAT HE HAD BEEN ATTENDING THE INQUEST AND THAT TESTIMONY IS' EXPECTED SOON FROM. OUR VOLUNTEER FIREMEN. CITY COUNCIL MEETING FIINUTES MARCH 20, 1984 PAGE 4 OF 5 MICROFILMED 4-15-85 A CITIZEN OF THE CITY ADDRESSED COUNCIL AND QUESTIONED WHAT COUNCIL IS DOING TO PREVENT DR. PINDIZAK FROM CONSTRUCTING ANY MORE WALLS IN OUR CITY. HE WAS INFORMED THAT THIS ITEM HAD BEEN ADDRESSED BY THE PLANNING AND ZONING BOARD AND WOULD BE ON THE COUNCIL WORKSHOP AGENDA ON MARCH 29TH . THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8 : 07 P .M. APPROVED THIS 3rd DAY OF April .1984 . . / it, A- OM_ et‘s) ►°YiR , ATTEST: C TY CLERK qui CITY COUNCIL MEETING MINUTES MARCH 20, 1984 PAGE 5 OF 5 A CITIZEN OF THE CITY ADDRESSED COUNCIL AND QUESTIONED, WHAT COUNCIL IS DOING TO PREVENT DR. PINDIZAK FROM CONSTRUCTING ANYMORE WALLS, IN OUR CITY. HE WAS INFORMED THAT THIS ITEM HAD BEEN ADDRESSED BY THE PLANNING AND ZONING BOARD AND .WOULD BE ON THE COUNCIL WORKSHOP AGENDA ON MARCH 29TH. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT.B 07 P.M. APPROVED THIS 3rd DAY OF April .1984. : ATTEST: C TY CLERK CITY COUNCIL MEETING MINUTES MARCH 2O,, 1984 PAGE 5 OF .5 -