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Home My WebLink AboutMinutes 01-03-1985 Workshop and RegularCITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING JANUARY 3, 1985 A COMBINED WORKSHOP AND REGULAR MEETING OF THE CITY COUNCIL -'T THE CITY OF CAP£. CANAVERAL, FLORIDA, WAS HELD ON JANUARY 3, 1985, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL,. FLORIDA. THE MEETING WAS CALLED TO ORDER AT .700 P.M. BY 'MAYOR WAYNE PUTHERFORD. INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY, M',YOR RUTHERFORD. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WEB!: MAYOR W. RUTHERFORD, MAYOR PRO TEM J. WINCHESTER, COUNCIL MEMBERS J. FISCHETTI, M. MARCHETTI A1.'D L. NICHOLAS. ALSO PRESENT WERE CITS MANAGER F'. NUTT, CITY ATTORNEY J. SCOTT AND CITY CLERK J. LESSER. MR. FISCHETTI MOVED TO APPROVE THE MINUTES OF DECEMBER 18, 198;• WINCHESTER SECONDED MOTION, MOTION.CARRIED UNANIMOUSLY. AT THIS TIME, LAMB RUSSELL, CHAIRMAN OF THE PLANNING AND ZONING BOARD, ADDRESSED COUNCIL AND INFORMED THEN THAT A GROUP OF DEVELOPERS, WHO ARE PROPOSING A HOTEL ON THE ATLANTIC OCEAN IN THE. NORTHERN END OF THE CITY,.WILL BE AT THE PLANNING AND ZONING BOARD MEETING ON WEDNESDAY,JANUARY 9TH, To DISCUSS THE POSSIBILITY OF AZONING CHANGE. MR.. RUSSELL ENCOURAGED THE COUNCIL TO ATTEND THIS MEETING. DISCUSSION WITH WESTERN WASTE INDUSTRIES REx REFUSE SERVICE CITY MANAGER NUTT INTRODUCED MR... ED ROSINSKI, GENERAL MANAGER OF WESTERN WASTE INDUSTRIES.- MR. ROSINSKI PRESENTED HIS FIRM'S PLANS FOR PROVIDIHG..REFUSE SERVICE IN THE CITY. HE FURTHER PETITIONED COUNCIL TO ADOPT A RESOLUTION EXTENDING THEIR CONTRACT FOR.8 YEARS. DISCUSSION FOLLOWED BETWEEN MEMBERS OF THE COUNCIL AND. NR. ROSINSKI. AGENDA THIS ITEM FOR A FUTURE WORKSHOP. MEETING. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 28-81 NUMBERING OF BUILDINGS AND. PROPERTY SECOND READING AND PUBLIC HEARING , MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS'FOLLOWS; AN ORDINANCE ESTABLISHING CTHE HAPTER APTER 505,DE 'NUMBERING SOF BUILDINGS AND PROPERTY", OF THE CITY. OF CAPE CANAVERAL, FLORIDA; ESTABLISHING A UNIFORM SYSTEM or NUMBERING PROPERTIES AND PRINCIPAL ILDINGS; PROVIDING NUMBERSI PROVIDING FOR NUMERALS BE POSN AM TED; ENT OF REPEALING ALL PORTIONS OF THE CODE, IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. City C=cll Cmdw al Workshop a Regular MOetirq Jazoaxy.3, 1985 Page 1 Of 5 `Hi. NICHOLAS :•'.OVER FOR ADOPTION. MR. WINCHESTER SECONDED !!-TION. MAYOR RUTHERFORD EXPLAINED THAT THIS ORDINANCE WOULD �.ENEFIT THE EMERGENCY VEHICLES IN LOCATING DWELLINGS AND BUSINESSES IN THE CITY, MR. NICHOLAS EXPRESSED CONCERN .THAT ,THE ORDINANCE AS WRITTEN WOULD PRECLUDE THE USE OF SCRIPT NUMBERS (NUMBER$. WRITTEN OUT)'. HE, THEREFORE MOVED TO AMEND THE ORDINANCE TO CHANGE THE WORD "NUMERAL" TO THE WORD "NUMBER" WHENEVER IT APPEARS IN THE ORDINANCE. MR, WINCHESTER SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION WAS UNANIMOUS. .ORDINANCE NO. 24-84, AS AMENDED, WAS ADOPTED. ITEM I. ORDINANCE N0. .25-84 ESTABLISHING A 10 -DAY TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING mmiTo WITIIIN 25 'FEET OF THE COASTAL CONSTRVCTION CONTROL LINE FIRST READIN AND PUBLIC HEARINkli MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ESTABLISHING A MORATORIUM ON BUILDING WITHIN TWENTY-FIVE(25) FEET WEST OF THE COASTAL CONSTRUCTION LINE; ADOPTING. A NINETY (90) DAY TIME PERIOD;. REPEALING. ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI. MOVED TO APPROVE FIRST READING. MR. WINCHESTER SECONDED MOTION. CITY ATTORNEY SCOTT POINTED OUT THAT THIS ORDINANCE. PERMITS REPAIRS AND PROVIDES FOR AN APPEAL, PROCESS. DISCUSSION FOLLOWED. SEVERAL CITIZENS. INCLUDING MR. JOSEPH KODSI, MR. JIM, ANDERSON, MR.JOHN WIDWORST, AND MS. MILLIE WATSON (REPRESENTING VILLAGES OF SEAPORT) VOICED OPPOSITION TO THE ORDINANCE. THE FOLLOWING CITIZENS SPOKE IN FAVOR OF THE ORDINANCE: MS. HELEN FILKINS, MR. CHARLEY MATHESON AND MR. BILL. JAKEWAY. MAYOR RUTHERFORD READ AN EXCERPT FROM A LETTER FROM MS. DEBORAH FLACK OF THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES IN ' WHICH SHE STATED DNR WOULD BEGIN'SURVEYING THE BEACH THIS WEEK AND UPON COMPLETION OF. THE SURVEY, WILL PROVIDE AN INTERIM. SETBACK LINE. HE FURTHER NOTED.THAT THE COUNCIL, NEEDS TO KEEP THE PRESSURE ON THE STATE TO RELOCATE THE LINE. MR. NICHOLAS 'EXPLAINED HIS POSITION, i.e, THAT THIS ORDINANCE WOULD NOT, SOLVE THE PROBLEM OF BEACH EROSION AND THAT THE ONLY SOLUTION TO THE PROBLEM IS A CONSTANT BEACH RENOURISHMENT PROGRAM. VOTE ON THE MOTION WAS AS FOLLOWS'. IN FAVOR, MR. FISCHETTI, MR. MARCHETTI, MAYOR RUTHERFORD AND MR. WINCHESTER. . city Om=it Ombined Workwst1985 Regular WY Ung - January Page 2 of 5 oPOSED, P.R.. NICHOLAS. ORDINANCE No. 25-84 APPROVED ON I'I AT THIS TIME, MAYOR RUTHERFORD 'CALLED A FIVE-MINUTE RECESS. TIIE MEETING WAS RECONVENED AT 9t20 P.M. ITEM 3. ORDINANCE N0. 26-84 AMENDING CODE CHAPTERIPFIRST 251, ,BEAUTIFICATION BOARD REt BOARD MEMBERSH ' READING AND PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS, AN .ORDINANCE AMENDING CHAPTER 251, "BEAUTIFICATION BOARD', OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING SECTION,251.01 IN IT'S ENTIRETY AND REPLACING WITH A NEW SECTION 251.011 ESTABLISHING THE NUMBER OF. BOARD MEMBERS) REQUIRING SAID MEMBERS TO BE RESIDENTS OF THE CITY) REPEALING ALL PORTIG>S OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. .NICHOLAS MOVED TO .APPROVE FIRST READING. MR. FISCIIETTI SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS ORDINANCE CHANGED THE NUMBER OF MEMBERS ON THE BOARD FROM FIFTEEN 115) TO.SEVEN ' 171, AND REQUIRED MEMBERS TO BE A RESIDENT OF THE CITY - VOTE ON THE MOTION WAS UNANIMOUS: ORDINANCE No. '26-84 APPROVED FIRST READING. ITEM'4.. ORDINANCE NO. 27-84 AMENDING' CODE CHAPTER 255, RECREATION DO t BOARD MEMBERS IP FIRST READING AND PUBLIC FARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 255, 'RECREATION HOARD", OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA,. By. REPEALING SECTION 255.01 IN IT'S ENTIRETY AND 'REPLACING WITH A NEW SECTION 255.01= REQUIRING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH,. PROVIDING AN EFFECTIVEDATE. MR. FISCHETTI MOVED TO APPROVE. FIRST READING. MR. WINCHESTER SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS ORDINANCE ESTABLISHED A ' RESIDENCY REQUIREMENT FOR MEMBERS OF THE BOARD. VOTE ON. THE MOTION WAS UNANIMOUS. ORDINANCE No. 27-64 APPROVED FIRST READING. NEW BUSINESS ITEM I. DISCUSSION REi REGULATING HOURS OF CONSTRUCTION DISCUSSION WAS HELD ON SETTING 'A TIME THAT CONSTRUCTION COULD BE STARTED IN THE CITY, EITHER ACERTAIN TIME OR AN HOUR AFTER 'SUNRISE. CITY ATTORNEY SCOTT SUGGESTED THAT AN APPEAL PROCESS, TO THE CITY MANAGER, BE WRITTEN INTO THE ORDINANCE. City Council Combined WDrkshOP 6 Regular Mocting - Janu.'uy 3, 1985 Page '3 of 5 AGENDA TRIS ITEM FOR THE JANUARY 31ST WORKSHOP MEETING. ITEM 2. DISCUSSION RES CANAVERAL PORT AUTHORITY'S PAYMENTS FOR FIRE PROTECTIO ER I E CITY MANAGER NUTT. EXPLAINED TO COUNCIL THAT THE CANAVERAL PORT AUTHORITY HAS TAKEN THE POSITION THAT THEY ARE NOT GOING TO PAY ONE-THIRD OF THE CITY'S FIRE INSPECTOR'S SALARY UNTIL THEY BENEFIT FROM HIS SERVICES. CITY, ATTORNEY SCOTT EXPLAINED THAT IT. IS HIS CONTENTION THAT BY WITHHOLDING PAYMENT, THE PORT IS BREACHING THEIR CONTRACT. DISCUSSION. FOLLOWED. MR. SCOTT RECOMMENDED THE CITY NOTIFY THE PORT. THAT THEY ARE IN VIOLATION OF THE CONTRACT AND ALLOW. THEM 30 DAYS TO COME INTO COMPLIANCE, IF. AT THE. END OF 30 DAYS, THEY ARE NOT IN COMPLIANCE, THE CITY SHOULD PETITION THE COURT FOR A DECLARATORY JUDGMENT'. A RULING WOULD BE HANDED DOWN FROM THE COURTS IN 30 TO 45 DAYS. COUNCIL DIRECTED MR. SCOTT TO PROCEED. CITY MANAGER NUTT BROUGHT TO COUNCIL'S ATTENTION APOTENTIAL PROBLEM THE MORNING OF. THE COUNCIL MEETING WHEN ALL OF ,THE FIRE- FIGHTING EQUIPMENT WAS ON THE NORTH SIDE OF THE PORT DURING A SHIPBOARD FIRE.. MR, PICKARD, A MEMBER OF. THE VOLUNTEER FIRE, DEPARTMENT, WAS IN ATTENDANCE AND ANSWERED COUNCIL'S QUESTIONS ON THIS MATTER. HE, POINTED OUT THAT THE FIRE STATION. WAS UNMANNED, EXCEPT FOR HIMSELF, FOR APPROXIMATELY '. 30 MINUTES. DISCUSSION FOLLOWED ON THE PROBLEMS ENCOUNTERED WITH THE PORT, AND THE POSSIBILITY OF TERMINATING. THEIR FIRE PROTECTION CONTRACT. DISCUSSION CONTINUED ON THE VOLUNTEER FIRE DEPARTMENT'S ATTITUDE. OF DOING WHATEVER THEY PLEASE, REGARDLESS OF THE CITY COUNCIL'S WISHES. IT WAS POINTED OUT. THAT THE FIREFIGHTING EQUIPMENT BELONGS TO THE CITY, IT WAS FURTHER NOTED, THAT THE. FIRE DEPARTMENT IS NOT STRICTLY AVOLUNTEER ORGANIZATION AS LONG AS THEY RECEIVE COMPENSATION FROM THE CITY. FURTHER DISCUSSION WAS'HELD REGARDING OTHER ALTERNATIVES FOR FIRE PROTECTION.. CITY .MANAGER NUTTWAS DIRECTED TO LOOK INTO THE 'POSSIBILITY OF CONTRACTING ,FIRE SERVICES WITH THE COUNTY AND TO DO A COST ANALYSIS OF A PAID DEPARTMENT. .ITEM 3. CITY MANAGER'S REPORT CITY MANAGER NUTT RECAPPED HIS CITY MANAGER'S 'REPORT. HE, POINTED City Council Combined Workshop Regular Meeting January 3, 1955 Page 4 of 5 MICROFILMED AUG 87 OUT THAT THE CITY HAD BOUND COVERAGE FOR THE E.M.T. INSURANCE. DISCUSSION FOLLOWED ON THE NUMBER OF MEDICAL BACK-UP CALLS THE VOLUNTEER FIREFIGHTERS HAD RESPONDED TO (26 CALLS IN 16 DAYS) . AGENDA THIS ITEM FOR THE NEXT WORKSHOP MEETING. CITY ATTORNEY SCOTT ADVISED COUNCIL THAT HE FELT A CLARIFICATION SHOULD BE SOUGHT FROM THE PORT AUTHORITY REGARDING THEIR WILLING- NESS TO PAY THEIR SHARE OF THE FIRE DEPARTMENT' S EMERGENCY MEDICAL BACK-UP CALLS, AS STATED IN THEIR LETTER DATED DECEMBER 26 , 1984 . DISCUSSION MAYOR RUTHERFORD REMINDED THE COUNCIL OF THE FLORIDA LEAGUE OF CITIES MEETING TO BE HELD ON MONDAY, JANUARY 14TH. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 10 :35 P.M. APPROVED THIS 15th DAY OF January , 1985 / t r , Mayor ATTEST: Xtbe2-1 ty Clerk City Council Combined Workshop & Regular Meeting January 3, 1985 Page 5 of 5 n1'1' THAT THE CITY HAD BOUND COVERAGE POR THE E.M.T. INSURANCE. DISCUSSION FOLLOWED ON THE NUMBER OF MEDICAL BACK-UP CALLS THE VOLUNTEER FIREFIGHTERS HAD RESPONDED TO (26 CALLS IN 16 DAYS). AGENDA THIS ITEM FOR THE NEXT WORKSHOP MEETING. CITY ATTORNEY SCOTT ADVISED COUNCIL'. THAT RE'FELT A CLARIFICATION. SHOULD BE SOUGHT FROM THE PORT AUTHORITY REGARDING THEIR WILLING- NESS TO PAY THEIR SHARE OF THE FIRE DEPARTMENTIS EMERGENCY MEDICAL BACK-UP CALLS, AS STATED IN THEIR LETTER DATED DECEMBER 26, 1984. DISCUSSION MAYOR RUTHERFORD REMINDED THECOUNCIL OF THE FLORIDA LEAGUE OF CITIES MEETING TOBE HELD ON MONDAY, JANUARY 14TH. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 10.35 P.M. APPROVED THIS 15th DAYOF January . 1985 Y. ATTEST: y C er 8 Wrkslpp egular Meeting J_u_Y 3. 1985 Page 5 of 5