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Home My WebLink AboutMinutes 05-15-1984CITY COUNCIL REGULAR MEETING MAY 15, 1984 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON MAY 15, 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 DEPUTY CLERK. OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. FISCHETTI AND LEO NICHOLAS. ALSO PRESENT WERE CITY MANAGER F. NUTT, CITY ATTORNEY J. SCOTT AND DEPUTY CITY CLERK J. LEESER., MRS. CALVERT WAS ABSENT BECAUSE SHE WAS OUT-OF-TOWN, AND MR. WINCHESTER WAS ABSENT DUE, TO WORK COMMITMENTS. MR. FISCHETTI. MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF APRIL 26 AND THE REGULAR MEETING OF MAY I. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, MAYOR RUTHERFORD PRESENTED THE "VOLUNTEER OF THE MONTH AWARD" TO MR. ROBERT LAWS FOR HIS MANY YEARS OF SERVICE ON THE BOARD OF ADJUSTMENT. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 11-84 AMENDING ZONING CODE SECTION RE: OFF -PREMISE CONSUMPT10:1 OF BEER. AND RINE FIRST READING ANL) PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE, ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SEC. 637.47 BY ESTABLISHING THE RETAIL SALE OF BEER AND WINE AS A PRINCIPAL USE IN AC -1 ZONING DISTRICT: REPEALING ALL PORTIONS. OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR APPROVAL OF FIRST READING. MR. FISCHETTI. SECONDED MOTION. IT WAS. EXPLAINED THAT THIS ORDINANCE WOULD ADDRESS BEER AND WINE THE SAME REGARDING OFF -PREMISE CONSUMPTION. VOTE ON THE MOTION WAS UNANIMOUS., NEW BUSINESS ITEM 1. ORDINANCE NO. 12-84 RE: PERSONNEL POLICY, REPEALING .CODE CHAPTERS 361 AND 363, REPLACING WITH N£W COOE CHAPTER 361 PERMISSION TO ADVERTISE) CITY COUNCIL MINUTES MAY 15, 1984 PAGE 1 OF 3 MR. NICHOLAS. MOVED TO ADVERTISE. MR. FISCHETTI SECONDED MOTION. IT WAS NOTED THAT THIS ORDINANCE WOULD BRING THE PERSONNEL POLICY IN LINE WITH THE RECENT CHARTER CHANGE. VOTE ON THE MOTION TO ADVERTISE ORDINANCE NO. 12-84,. WAS UNANIMOUS. ITEM 2. RESOLUTION NO. 84-18 PLANNING AND ZONING BOARD. .APPOINTMENTS MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION APPOINTING A REGULAR MEMBER AND A FIRST AND SECOND ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE., MR. NICHOLAS MOVED FOR ADOPTION. MAYOR RUTHERFORD SECONDED MOTION. MAYOR RUTHERFORD NOTED THAT THESE APPOINTMENTS WERE RECOMMENDED BY THE PLANNING AND ZONING BOARD. VOTE ON THE .MOTION WAS UNANIMOUS. MR. HARBISON WAS APPOINTED AS A'REGULAR MEMBER TO THE BOARD. MR. WOLEVER WAS .APPOINTED AS FIRST ALTERNATE AND. MS. BECK AS SECOND ALTERNATE. ITEM 3. RESOLUTION NO. 84-19 COUNTY LIBRARY FUNDING MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: 'A RESOLUTION REQUESTING THE BREVARD COUNTY LIBRARY BOARD AND THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDE .ADEQUATE FUNDS FOR THE CAPE CANAVERAL PUBLIC LIBRARY; PROVIDING AN EFFECTIVE DATE'. MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS SECONDED NOTION. DISCUSSION FOLLOWED. IT WAS EXPLAINED THAT THE COUNTY HAD CUT THE CAPE CANAVERAL LIBRARY'S .BUDGET BIASED ON THE CIRCULATION FIGURES. IT WAS ALSO NOTED THAT THE CITY AND SHUFORD MILLS HAD CONTRIBUTED MONIES TO THE CAPE CANAVERAL LIBRARY. THIS RESOLUTION REQUESTS ADDITIONAL MONEY FROM ,THE COUNTY TO EXTEND OPERATING HOURS AND TO PURCHASE NEW BOOKS. VOTE ON THE MOTION WAS. UNANIMOUS. RESOLUTION NO. 84-19. ADOPTED. ITEM 4. 'MOTION RE: CAPE CANAVERAL PUBLIC LIBRARY BUDGET MR. NICHOLAS MOVED THAT THE $1,200 THAT SHUFORD MILLS DONATED TO THE CAPE CANAVERAL PUBLIC LIBRARY BE USED FOR SALARIES TO ALLOW THE: LIBRARY TO MAINTAIN THEIR PRESENT HOURS OF OPERATION. MR. FISCHETTI SECONDED MOTION., MOTION, CARRIED. UNANIMOUSLY. CITY COUNCIL MINUTES MAY 15, 1984. PAGE 2 OF 3 MICROFILVED 4-15-85 ITEM 5 . MOTION RE: BUDGET TRANSFER/AUTHORIZATION TO HIRE, PART-TIME CODE ENFORCEMENT INSPECTOR MAYOR RUTHERFORD MADE A MOTION TO TRANSFER WHATEVER FUNDS ARE NECESSARY, AND TO AUTHORIZE THE CITY MANAGER TO HIRE A PART- TIME CODE ENFORCEMENT INSPECTOR. MR. FISCHETTI SECONDED MOTION. 1 CITY MANAGER NUTT EXPLAINED THAT THE BUILDING OFFICIAL HAS BEEN ACTING IN THIS CAPACITY, BUT BECAUSE OF THE INCREASED DEVELOPMENT IN THE CITY, HE CANNOT CONTINUE TO HANDLE THIS . VOTE ON THE MOTION WAS UNANIMOUS . ITEM 6 . MOTION RE : JOY MARCONI LAWSUIT IT WAS EXPLAINED BY THE CITY ATTORNEY, THAT MS. MARCONI ' S ATTORNEY HAS CONTACTED THE CITY AND REQUESTED A SETTLEMENT FOR $10, 000 . MR. SCOTT SUGGESTED THAT THE CITY DENY THIS CLAIM AND REFER IT TO OUR INSURANCE COMPANY. MAYOR RUTHERFORD SO MOVED. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7 . MOTION RE: VENDOR' S LICENSE FOR ELDER-YOUTH FOUNDATION MR. FISCHETTI MOVED TO GRANT A VENDOR' S LICENSE FOR A HOT DOG STAND TO MR. DANIELS OF ELDER-YOUTH FOUNDATION. MOTION DIED FOR LACK OF A SECOND. DISCUSSION i COUNCIL HAD BEFORE THEM A LETTER FROM FLORIDA LEAGUE OF i CITIES POINTING OUT THAT THERE WAS AN AMENDMENT BEFORE THE HOUSE APPROPRIATIONS COMMITTEE THAT WOULD MANDATE EACH CITY AND COUNTY TO DESIGNATE MULTI-FAMILY RESIDENTIAL ZONING FOR GROUPS OF EIGHT OR FEWER INDIVIDUALS WHO ARE DEVELOPMENTALLY DISABLED AS REQUIRED BY FEDERAL PUBLIC LAW 98-181. IT WAS THE CONSENSUS OF COUNCIL THAT THIS AMENDMENT WOULD FURTHER ERODE THE TENETS OF HOME RULE FOR LOCAL GOVERNMENT. CITY MANAGER NUTT WAS DIRECTED TO SEND LETTERS TO OUR LOCAL REPRESENTATIVES VOICING THE CITY' S OPPOSITION TO THIS AMENDMENT. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8 : 02 P.M. APPROVED THIS 5th DAY OF June , 1984 . � -- . `4 I±, .. t . � l .,� �„ i .. . r.r- ,;-, o lAYO'I ir ATTEST: CITY COUNCIL MINUTES j MAY 15, 1984 PAGE 3 OF 3 bri5 ITY CLERK ITEM 5.. MOTION RE, BUDGET TRANSFER/AUTHORIZATION TO HIRE, PART-TIME CODE ENFORCEMENT INSPECTOR MAYOR RUTHERFORD MADE AMOTION TO TRANSFER WHATEVER FUNDS ARE NECESSARY, AND TO AUTHORIZE THE CITY MANAGER TO HIRE A PART- TIME CODE ENFORCEMENT INSPECTOR. MR. FiSCHETTI SECONDED MOTION. .CITY MANAGER NUTT EXPLAINED THAT ,THE 13UILDING OFFICIAL HAS BEEN ACTING IN THIS CAPACITY, BUT BECAUSE OF THE INCREASED DEVELOPMENT IN THE CITY, HE CANNOT CONTINUE TO HANDLE TIIIS. VOTE ON THE MOTION WAS UNANIMOUS - ITEM 6. MOTION RE: JOY MARCONI LAWSUIT IT WAS EXPLAINED BY THE CITY ATTORNEY, THATMS. MARCONI'S ATTORNEY HAS CONTACTED THE CITY AND REQUESTED SETTLEMENT FOR $10,000. MR. SCOTT SUGGESTED THAT THE CITY DENY TIIIS, CLAIM AND REFER IT TO OUR INSURANCE COMPANY.. MAYOR RUTHERFORD SO MOVED. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY,. ITEM 7. MOTION RE: VENDOR'S LICENSE FOR ELDER -YOUTH N FOUNDATIO MR. FISCHETTI MOVED, TO GRANT A VENDOR'S LICENSE FOR A HOT DOG STAND TO MR. DANIELS OF ELDER -YOUTH FOUNDATION. MOTION DIED FOR LACK OF A SECOND.. DISCUSSION COUNCIL HAD BEFORE 'THEM A LETTER FROM FLORIDA LEAGUE OF CITIES POINTING, OUT THAT THERE WAS AN AMENDMENT BEFORE THE HOUSE. APPROPRIATIONS COMMITTEE THAT WOULD MANDATE EACH CITY AND COUNTY TO DESIGNATE MULTI -FAMILY RESIDENTIAL ZONING FOR GROUPS OF EIGHT OR FEWER INDIVIDUALS 14110 ARE DEVELOPMENTALLY DISrABLED AS REQUIRED BY FEDERAL PUBLIC LAW 98-181. IT, WAS THE, CONSENSUS OF COUNCIL THAT THIS AMENDMENT WOULD FURTHER ERODE THE TENETS OF HOME RULE. FOR LOCAL GOVERNMENT. CITY MANAGER 'NUTT WAS DIRECTED TO SEND LETTERS TO .OUR LOCAL REPRESENTATIVES VOICING THE CITY'S OPPOSITION TO THIS AMENDMENT. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:02 P.M. ,APPROVED THIS -5th DAY OF 'June , 1984. l ATTEST: - iTY CLERK �AYO CITYCOUNCIL' MINUTES' MAY 15, 1984 PAGE 3 OF 3