HomeMy WebLinkAboutMinutes 01-15-1985CITY COUNCIL
REGULAR MEETING
JANUARY 15, 1985
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON JANUARY 15, 1985, AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED To ORDER AT 7130 P.M. BY MAYOR WAYNE
RUTHERFORD. INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED By
MAYOR RUTHERFORD,
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE
MAYOR W. RUTHERFORD, MAYOR PRO. TEM J. WINCHESTER, COUNCIL MEMBERS
J. FISCHETTI, M.MARCHETTI AND L. NICHOLAS., ALSO PRESENT WERE CITY
MANAGER F. NUTT, CITY. ATTORNEY J. SCOTT .AND CITY CLERK J. LEESER.
MR.. MARCHETTI MOVED, TO APPROVE. THE MINUTES OF THE COMBINED
WORKSHOP AND REGULARMEETING OF JANUARY 3, 1985. MR. WINCHESTER
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1, ORDINANCE NO. 25-84 ESTABLISHING A'90 -DAY TEMPORARY
MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS WITHIN
FEET OP THE COASTAL CONSTRUCTION CONTROL LINE
SECOND READING AND PUBLIC HEARING
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 CONTROL LINE$'ADOPTING A. NINETY (90) DAY,
TIME'PERIODs REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITHt. PROVIDING AN EFFECTIVE DATE.
CITY MANAGER P. NUTT EXPLAINED THAT HE HAD TALKED WITH A COASTAL
ENGINEER FROM THE DEPARTMENT' OF NATURAL RESOURCES, DIVISION OF
BEACHES AND SNORES, REGARDING. THE COASTAL CONTROL .SETBACK LINE.
THEY HAVE: INFORMED THE CITY. THAT THE NEW LINE WHICH WILL BE DRAWN
WILL BE A, COASTAL.CONTROL .LINE AND, NOT A CONSTRUCTION SETBACK LINE..
' THEY HAVE FURTHER INDICATED THAT ESTABLISHING THIS. COASTAL CONTROL
LINE IS A LENGTHY PROCEDURE.. IT WAS NOTED THAT THE CITY CAN
ESTABLISH THEIR OWN CONSTRUCTION SETBACK LINES.
MAYOR RUTHERFORD NOTED THAT THE90—DAY ALLOWSTIME
FOR THE CITY TO GATHER FURTHER INFORMATION.
MR. NICHOLAS REITERATED HIS POSITION THAT ESTABLISHING SETBACK
LINES WOULD NOT SOLVE, THE PROBLEM OF BEACH EROSION; THE ONLY SOLUTION
BEING A BEACH RENOURISHMENT PROGRAM -
MS. H.
ROGRAM.MS.H. FILKINS WAS IN ATTENDANCE AND. SPOKE IN FAVOR OF THE
CITY O=JCIL RSMAAR MEETING
JANUARY 15, 1985
PAGE I OF 9
,.,...ANCE. ATTORNEY JIM YNUDSON, REPPTSE[TING CLUB ATLAITIS,
FJ`DP,ESSED COUNCIL.. HE WAS ASSURED. THAT THERE IS AN APPEAL PROCLISF
WRITTEN INTO THE ORDINANCE.
VOTE ON THE ORDINANCE WAS AS FOLLOWSt IN FAVOR, MR., FISCHETTI,
N.R. MARCHETTI, MAYOR RUTHERFORD AND MR. WINCHESTER= OPPOSED,
MR. NICHOLAS.
ORDINANCE NO.. 25-84 WAS ADOPTED ON .SECOND READING.
AT THIS TIME,MR- NICHOLAS'MADE A MOTION TO. PROCEED TO ITEM S
U''ER. NEW BUSINESS. MR. FISCHETTI SECONDED MOTION- MOTION CARRIED
UNANIMOUSLY.
ITEM 8, MOTION REt AUTHORIZATION TO NOTIFY CANAVERAL PORT
AUTHORITY OF YEAR'S NOTICE REGARDING TERMINATION OF
FIRE P RTECTION SERVICL5 CONTRACT
MR. NICHOLAS SO MOVED MR.'FISCHETTI SECONDED MOTION,
FIRE CHIEF PAT LEE, AND SEVERAL MEMBERS Or THE VOLUNTEER FIRE
DEPARTMENT WERE IN ATTENDANCE. AT THIS TIME, MAYOR RUTHERFORD GAVE
THE FLOOR. TO CHIEF LEE, WHO EXPLAINED HE HAD NO COMMENTS ON THIS
ITEM BUT WISHED TO ADDRESS THE COUNCIL ON SOME OTHER MATTERS.
MAYOR RUTHERFORD ASSURED CHIEF LEE THAT. HE WOULD BE GIVEN THIS
OPPORTUNITY.
MR. WINCHESTER CAVE ABRIEF HISTORY OF THIS ITEM. HE EXPLAINED
THAT THE, CITY RAS A THREE-WAY CONTRACT WITH CANAVERAL PORT AUTHORITY
AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO PROVIDE FIRE-
FIGHTING SERVICES TO THE PORT-: THIS CONTRACT CALLS FOR. THE PORT
TO. PAY ONE-THIRD OF THE OPERATING COSTS OF THE FIRE 'DEPARTMENT'S
BUDGET. THE PORT HAS ELECTED TO WITHHOLD THEIR SHARE OF THE CITY'S
FIRE INSPECTOR'S. SALARY FROM THEIR PAYMENT,. CONSEQUENTLY, IT IS
THE CITY'S CONTENTION THAT "IS LINE-ITEMING OF THE BUDGET CONSISTS
' OF A BREACH OF CONTRACT -
MR. BUD MCMANN, DIRECTOR OF OPERATIONS FOR. CANAVERAL PORT
AUTHORITY, WAS IN. ATTENDANCE. AND. REITERATED THE PORT'S POSITION
THAT THEY ARE NOT GOING TO. PAY FOR THE FIRE INSPECTOR'S SALARY
UNTIL THEY BENEFIT FROM HIS SERVICES.
MAYOR RUTHERFORD NOTED THAT PORT COMMISSIONER MALCOLM MCLOUTH
HAD CONTACTED HIM AND EXPLAINED THAT THE PORT COMMISSION HAD
CITY COUNCIL RDaRAR MEETING
JANUARY 15, 1985
PAGE 2 OF 9
'I'!l+IZED HIM TO 6E THEIR PEPRESENTATIVE TO WORK WITH THE C17",
PESOLVE THE PROBLEM.
DISCUSSION FOLLOWED, COUNCIL DECIDED THEY WOULD PROCEED WITH
TERMINATING. THE CONTRACT AT, THIS TIME BUT WOULD BE WILLING TO
DISCUSS THE PROBLEMS WITH THE PORT.
VOTE ON. THE MOTION ON THE 'FLOOR WAS UNANIMOUS.
MR. MARCHETTI MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA
AND TO ADDRESS IT AT THIS TIME. MR. WINCHESTER SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ADD-ON.ITEMi DISCUSSION WITH FIRE CHIEF
AT THIS TIME FIRE CHIEF PAT LEE ADDRESSED COUNCIL TO, CLARIFY.
THE FIRE DEPARTMENT'S POSITION ON THE EMERGENCY MEDICAL BACK-UP.
HE EXPLAINED THAT IF: TILE CITY COUNCIL HAD DIRECTED THE VOLUNTEERS
NOT TO PROVIDE THE MEDICAL BACK UP SERVICE, THE VOLUNTEERS DID PLAN
TO PROVIDE THE SERVICE' BUT NOT USE THE CITY'S VEHICLES. HE FURTHER
NOTED .THAT THE DECISION TO RESPOND WITH FOUR MEN WAS SOLELY HIS.
OWN AND THAT THE VOLUNTEERS ARE STILL WILLING TO PROVIDE THE SERVICE
WITHOUT COMPENSATION. HE ALSO EXPLAINED THAT THE VOLUNTEERS. WILL
.DISCONTINUE THIS SERVICE IF THAT'S THE COUNCIL'S WISH, PROVIDED
THE CITY PROVIDES .THEM WITH AHOLD HARMLESS AGREEMENT.REGARDING
THE NUMBER OF CALLS THEY ARE .RESPONDING TO, CHIEF LEE EXPLAINED
THAT THE DISPATCHERS .ARE SENDING AFIRE UNIT ON ANY CALL THAT IS
QUESTIONABLE.
IT WAS THE CONSENSUS OF THE COUNCIL THAT THE EMERGENCY MEDICAL
BACK-UP WAS NOT A PROBLEM AT THE PRESENT TIME.`.
DISCUSSION FOLLOWED ON THE VOLUNTEERS CALL PAY. CHIEF LEE
EXPLAINED THAT TO THE BEST OF HIS KNOWLEDGE IT ORIGINATED AS A
CLOTHING, AND CAR ALLOWANCE -
COUNCIL QUESTIONED CHIEF LEE ON ALL OF THE FIREFIGHTING EQUIP-
MENT AND FIREFIGHTERS.BEING'ON. THE NORTH SIDE. OF THE PORT, ON
JANUARY 3RD DURING A FIRE ONBOARD THE LONNIE DALE, AND THE LENGTH
OF TIME IT TOOK TO CALL FOR MUTUAL AID. CHIEF ISE EXPLAINED HE
WAS OUT_OF -TOWN DURING THE INCIDENT AND ASSISTANT CHIEF BURNS HAD
-CITY camcm m=m MEETING
JAlAIAWt' 15. 1985
PACE 3 OF. 9
',1,! ;'1111) A STATEMENT ON THE FIRE WHICH WAS DISTRIBUTED TO COUNCIL
'.'I' THIS TIME. DISCUSSION FOLLOWED ON THE QUESTION OF THE VOLUNTEER'%-
RESPONSIBILITY FOR. BOAT 'FIRES AT THE PORT.. CITY ATTORNEY SCOTT
READ THAT PORTION OF THE CONTRACT AND IT WAS AGREED THAT. ALTHOUGH
THE COAST GUARD HAS PRIME RESPONSIBILITY, THE CITY MAY RESPOND ON
MUTUAL AID CALLS. PORT COMMISSIONER SUE FORD ADDRESSED COUNCIL
ON THIS ISSUE.
IT WAS REPORTED THAT,A FIREMAN HAI. BEEN SEEN DRINKING BEER PRIOR
TO ITIS SHIFT FOR EMERGENCY MEDICAL BACK-UP. f CHIEF. LEE READ INTO
THE` RECORD ANOTE THAT MR. WINCHESTER HAD IN HIS POSSESSION IN
WHICH FIREMAN GLEN NEEB WAS REPORTEDLY DRINKING PRIOR TO HIS,
SHIFT ON EMERGENCY MEDICAL .BACK-UP, ASSISTANT CHIEF. JACK BURNS
CONFIRMED THAT MR. NEEB HAD BEEN DRINKING BUT. EXPLAINED THAT FIRE-
MAN NEEB REQUESTED HIM TO TAKE HIS CALLS. AT, THIS TIME, FIREMAN
NEEB ENTERED THE MEETING AND CONFIRMED THAT ARRANGEMENT. .FIRE
CHIEF LEE. ASSURED COUNCIL THAT IF THIS _DID, IN FACT, OCCUR,
DISCIPLINARY ACTION WOULD, BE TAKEN,
FIRE CHIEF LEE 'REITERATED THAT THE VOLUNTEERS WISHED TO "MAKE-
UP" WITH THE CITY.. MR, CHUCK STBNGLEIN, A FORMER VOLUNTEER FIRE-
FIGHTER AND. FIRE COMMISSIONER FROM NEW YORK STATE, OFFERED HIS SERVICES
AS ARBITRATOR BETWEEN THE VOLUNTEERS AND CITY COUNCIL. DISCUSSION
FOLLOWED ON THE POSSIBILITY OF APPOINTING ONE COUNCIL MEMBER TO
MEET WITH THE FIRE CHIEF TO IRON OUT THE DIFFICULTIES... IT WAS
DECIDED THAT SINCE THIS IS THE MAYOR'S AREA OF INTEREST, HE, SHOULD
BE THE LIASON.
AT THIS TIME MAYOR RUTHERFORD CALLED FIVE-MINUTE RECESS.
THE MEETING WAS RECONVENED AT 9;45 P:M.,
COUNCILMAN WINCHESTER STATED RE, WI SHED. TO ADD AN ITEM TO THE
' AGENDA REGARDING THE APPOINTMENT OF A CITY FIRE CHIEF.. HE WAS
ADVISED BY THE CITY ATTORNEY TO. DO SO AT THE END OF. THE REGULAR'
AGENDA.
MAYOR RUTHERFORD ASKED COUNCIL TO, CONSIDER ADDRESSING ITEM 7
UNDER NEW BUSINESS AT THIS ,TIME.
ITEM 7, MOTION REt AUTHORISATION OF FUNDS FOR SENIORS;
OTRITIONAL AID PROGRAM SNAP
CITY Cw4=L REGULAR MEEPING
JANWID 15, 1985
PAGE 4 OF 9
WINCHESTER MOVED TO SUPPLEMENT THE SNAP PROGRAM TAY
E'ISCIIETTI SECONDED MOTION.
DISCUSSION FOLLOWED AND MR. CHARLES HINTON, PROJECT DIRECTOR,
ANSWERED COUNCIL'S QUESTIONS ON THE PROGRAM. MS. ELLIE PONRICK
AND MR. FRANCISPATRICK WERE IN ATTENDANCE .AND SPOKE AGAINST THE
PROGRAM.
VOTE ON THE MOTION WAS AS FOLLOWS( IN FAVORI MR.'MARCHETTI
AND MR. WINCHESTER( OPPOSEDIMR. FISCHETTI, MR. NICHOLAS AND
MAYOR RUTHERFORD.' MOTION' FAILED.'
ITEM 2, ORDINANCE No. 26-84 AMENDING. CODE CHAPTER 251,
BEAUTIFICATION BOARD REt BOARD MEMBERSHIP ECOND
READING AND PUBLIC NEARING
MAYOR RUTHERFORD. READ THE TITLE' AS..FOLLOWSt
AN ORDINANCE AMENDING CHAPTER 251,.-"BEAUTIFICATION.
BOARD", OF THE CODE OF ORDINANCES OF THE CITYOF 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 MEMBERSI REQUIRING SAID
MEMBERS TO BE RESIDENTS OF THE CITY1 REPEALING ALL
PORTIONS OF THE CODE, IN CONFLICT HEREWITHI PROVIDING
AN EFFECTIVE DATE.
MR. WINCHESTER MOVED FOR ADOPTION. MR. MARCHETTISECONDED
MOTION. .
IT WAS EXPLAINED. THAT THIS ORDINANCE REDUCES THE .NUMBER OF
BOARD MEMBERS FROM FIFTEEN TO SEVEN AND REQUIRES BOARD. MEMBERS TO
BE RESIDENTS OF THE CITY.
VOTE ON THE MOTION WAS UNANIMOUS. ,ORDINANCE NO. 26-84 WAS,
ADOPTED,
ITEM 3. .ORDINANCE NO. 27-84 AMENDING LODE CHAPTER 255
RECREATION BOARD REz BOARD MEMBERSHIP SECOND
READING AND PUBLIC NEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:,
AN ORDINANCE AMENDING CHAPTER 255, "RECREATION
BOARD". OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL., FLORIDA, By REPEALING SECTION
255.01 IN IT'S. ENTIRETY AND REPLACING WITH ANEW
SECTION 255.011 REQUIRING BOARD MEMBERS TO BE
RESTHEIDENTS CODE INFCONFLICT HEREWITHINPROOVIDINRTAN OF
EFFECTIVE DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR, FISCHETTI SECONDED
MOTION.
MAYOR RUTHERFORD MOVED TO AMEND. BY ADDING THE FOLLOWING TO THE
END OF bELTION 2: " AND MAY, BE APPOINTED TO CONSECUTIVE TERMS IN
ACCORDANCE. WITH THE TERMS SET FORTH IN SEC.255.01."
CITY COUNCIL REOU AR MEEPING
JANUARY 15, 1985
PACE,5 OF 9
IT. IISCIIETTI SECONDED MOTION.
MR. WINCHESTER VOICED OBJECTION TO THE AMENDMENT BECAUSE,
IN ITIS ESTIMATION, IT WAS CUSTOM -TAILORING THE ORDINANCE AROUND
ONE SPECIFIC INDIVIDUAL.
VOTE ON THE AMENDMENT WAS AS. POLIOWB; IN FAVORI MR. FISCHETTI,
MR. NICHOLAS AND MAYOR RUTHERFORD; OPPOSED; MR. MARCHETTI AND
MR. WINCHESTER, AMENDMENT CARRIED.'
VOTE ON THE MAIN MOTION WAS AS FOLLOWS;' IN FAVOR,,. MR. FISCHETTI,
MR. MARCHETTI, MR., NICHOLAS AND MAYOR RUTHERFORD; OPPOSED, MR.
WINCHESTER. ORDINANCE NO. 27-84, AS AMENDED WAS ADOPTED.
NEW BUSINESS
ITEM 1. ,ORDINANCE NO 1-85 AMENDING CHAPTER 265 RS CODE ENFORCE-
. MENT BOARD ESTABLISHING ALTERNATE MEMBEbN THE
BOA PERMISSION TO ADVERTISE
MAYOR RUTHERFORD READ .THE TITLE OF THE.. ORDINANCE AS FOLLOWS,
AN ORDINANCEAMENDING CODE CHAPTER 265, "CODE
ENFORCEMENT BOARD-, OF. THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
ESTABLISHING POSITIONS FOR TWO ALTERNATE MEMBERS
ON. THEBOARD; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH?PROVIDING AN EFFECTIVE DATE,.
MR. NICHOLAS MOVED,TO ADVERTISE. MR.. FISCHETTI .SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 2-85AMENDING ZONING ORDINANCE SECTION
637.35, ALLOWING -- MOTELS IN A R- .ONE BY
SPECIAL EXCEPTION PERMISSION TO ADVERTISE
MAYOR RUTHERFORD READ THE TITLE OF. THE ORDINANCE AS FOLLOWS:
AN ORDINANCE. OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING ZONING CODE SECTION 637.35, ALLOWING HOTELS/
MOTELS INA R-3 .ONE; PROVIDING CRITERIA FOR THAT
SPECIAL EXCEPTION; REQUIRING A MINIMUM ACREAGE OF TEN
(10) ACRES; REQUIRING BUILDING BE CONSISTENT WITH C-1
BUILDING REQUIREMENTS; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED TO ADVERTISE. MR. FISCHETTI SECONDED MOTION.
MR. WINCHESTER SPOKE AGAINST THEORDINANCE BECAUSE IT IS HIS
CONTENTION THAT IT IS DESIGNED AROUND A SPECIFIC BUSINESS.
THE FOLLOWING. CITIZENS WERE IN ATTENDANCE AND SPOKE AGAINST
THE ORDINANCE;, MS. H.FILKINS, MS. G. DONOVAN .AND MR. D. TROSTORFF.
MR. CAREY PRITCHETT, ONE OF THE DEVELOPERS OF THE PROPERTY,.
CITY COUNCII,' RE:3IIM MEMTNG
JAN2m 15, 1985
'PAGE 60r9,
V; ATTENDANCE AND ANSWERED. COUNCIL'S AND THE CITIZEN'S
:l STIONS REGARDING THE PROJECT.
DISCUSSION FOLLOWED ON, ESTABLISHING A MINIMUM NUMBER OF
NooMS FOR HOTELS AND A MINIMUM ACREAGE ON WHICH HOTELS CAN BE
B11 LT.
VOTE ON THE MOTION, TO ADVERTISE. ORDINANCE NO. 2-85, WAS AS
FOLLOWS: IN FAVOR, MR. FISCHETTI,.MR. MARCHETTI, MR. NICHOLAS
AND MAYOR RUTHERFORD$ OPPOSED, MR.. WINCHESTER,, MOTION CARRIED.
ITEM 3. ORDINANCE NO. 3-85 AMENDING CHAPTER 685 PARKING
A£HANDICAP EDD SPACE N PERMISSION TORADVERTISEPARKING IN
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CODE CHAPTER 665, "PARKING REGULATIONS"
OF THE CODE OF ORDINANCES Of THE CITY OF CAPE CANAVERAL,
FLORIDA, BY INCREASING PENALTIES FOR PARKING IN A
HANDICAPPED FACILITY$ REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITHt PROVIDING, AN. EFFECTIVE
DATE..
MR, FISCHETTI MOVED TO ADVERTISE. MR. NICHOLAS SECONDED'
MOTION CARRIED UNANIMOUSLY.
ITEM d. RESOLUTION NO. 8S-2 APPOINTMENT OF BOARD OF ADJUST-
MENT MEMBER
MAYOR RUTHERFORD READ THE TITLE ASFOLLOWSt
ARESOLUTION APPOINTING A SECOND ALTERNATE TO THE
BOARD OF ADJUSTMENT OF THE CITY OF CARE CANAVERAL,
FLORIDAi PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR, WINCHESTER SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.NELLY SOBA WAS APPOINTED'
TO THE BOARD OF ADJUSTMENT AS SECOND ALTERNATE..
ITEM 5. RESOLUTION NO. 85-3 APPOINTMENT OF CODE ENFORCEMENT
BOAR_ DMEMBER
MAYORRUTHERFORD READ THE TITLE OF THE. RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING A MEMBER TO THE CODE ENFORCEMENT
BOARDI PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION, MR. WINCHESTER SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.MR, ROBERT PRESSLEY WAS APPOINTED AS
A REGULAR MEMBER ON THE CODE ENFORCEMENT BOARD,
ITEM 6. RESOLUTION No. 85-4 APPOINTMENT OF LIBRARY BOARD
ER
MAYOR RUTHERFORD READ. THE TITLE OF THE RESOLUTION AS FOLLOWS:
RFO
CITY comm Rnlm MMTING
JAI4V90[. 15, 1985
PAM 7'CF'.9
A RESOLUTION APPOINTING AN ALTERNATE MEMBER
TO THE LIBRARY HOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. MR. BERT HINES WAS APPOINTED
AS FIRST ALTERNATE MEMBER ON THE LIBRARY BOARD.'.-
ITEMS 7 AND 8.WERE ADDRESSED EARLIER IN THE MEETING.
ITEM 9, MOTION REt AUTHORIZATION TO REIMBURSEG. FIRKINS
FOR C NSTRUCTION COSTS INCURRED BECAUSE F HUI LDING
PERMIT DI CREPA C
MAYOR RUTHERFORD MOVED TO REIMBURSE MR. FIRKINS $1.215.83
AND TO AUTHORIZE THE CITY MANAGER. TO EXPEDITE THE REMOVAL OF THE
BUILDING MATERIALS FROM THE SITE. MR. NICHOLAS SECONDED MOTION.
VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 10.. DISCUSSION REt BURN PERMITS
CITY ATTORNEY SCOTT EXPLAINED HE HAD RESEARCHED THIS ISSUE
AND HAD FOUND THAT THE CITY CAN BE MORE RESTRICTIVE THAN THE STATE
STATUE REGARDING LAND CLEARINGS BURNINGS IN. THE CITY,
MR. NICHOLAS MOVED FOR THE'FOLLOWING ADD-ON ITEM. MR; WINCHESTER
SECONDED MOTION, MOTION CARRIED UNANIMOUSLY.
ADO -OH ITEM: ORDINANCE'NO.4-85AMENDING.CHAPTER .622,
PROHIBITING LAND CLEARINGS BURNING IFERMISSION
TO ADVERTISE
MAYOR RUTHERFORD READ. THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CODE CHAPTER 622,, LAND
CLEARINGS BURNING, OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA,. BY
DELETING SECTIONS 622.02 AND 622.03 AND REPLACING
WITH A NEN SECTION 622.02. "LAND CLEARINGS
BURNING$ OF TRASH AND LAND COVER PROHIBITED"I
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE..
MR. WINCHESTER MOVED TO ADVERTISE. MR,. NICHOLAS SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
DISCUSSION
CITY MANAGER F.NUTT GAVE A REPORT ON HIS. MEETING WITH BRILEY
WILD AND ASSOCIATES AND CANAVERAL PORT AUTHORITY ON THE PORT'S.
IMPACT ON 'THE SEWAGE COLLECTION SYSTEM..
FIRE INSPECTOR A.RENFRO GAVE A REPORT OR THE'BREVARD COUNTY
AD HOC COMMITTEE MEETING ON EMERGENCY SERVICES.
cm COUNCIL RDamm MEEFiNG
JANUARY 15, 1985
PACE 8 OF 9
MICROFILMED AUG 87
MR. WINCHESTER MOVED FOR AN ADD-ON ITEM TO APPOINT A CITY
FIRE CHIEF. MOTION DIED FOR LACK OF A SECOND. IT WAS POINTED
OUT THAT THIS ITEM WILL BE DISCUSSED AT THE NEXT WORKSHOP.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 11 : 55 P.M.
APPROVED THIS 5th DAY OF February , 1985 .
/ / /I
ayor/
ATTEST:
‘- _,4n-l-t 3/ %--1-1-0.-e-L--
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ty Clerk
CITY COUNCIL REGULAR MEETING
JANUARY 15, 1985
PAGE 9 OF 9
kINCHESTER MOVED FOR A:7 ADD-ON ITEM TO APPOINT t. CITY
.. .. CIIIEF. MOTION DIED FOR LACK OFA SECOND. IT WAS POINTED