HomeMy WebLinkAboutMinutes 08-20-1985CITY COUNCIL
REGULAR MEETING
AUGUST 20, 1985
A REGULAR MEETING OF. THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON AUGUST 20, 1988, 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 ROLLWAS 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 CLERKJ.
LESSER.
MR. FISCHETTI MOVED TO. APPROVE THE MINUTES OF THE SPECIAL
MEETING OF AUGUST 1, 1985 AND REGULAR MEETING OF AUGUST 6, 1985.
MR. MARCHETTI SECONDED MOTION, MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1.'ORDINANCE NO. 37-85 AMENDING ZONING REGULATIONS SEC.
639.3 3, RECREATIONAL VEHICLES, CAMPING. EQUIPMENT,
BOATS AND BOAT TRAILERS IbECOND READING AND PUBLIC
H NG
MAYOR RUTHERFORD READ THE. TITLE OF THE ORDINANCE AS FOLLOWSc
AN ORDINANCE. AMENDING CHAPTER 631 OP.THE CITY
CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
BY AMENDING SEC.. 639.33 *LOCATION OF. RECREATIONAL VEHICLES. CAMPING EQUIPMENT,.
BOATS AND BOAT TRAILERS*.. BY DELETING SECTION
639.33INITS ENTIRETY AND REPLACING, WITH A
NEW SECTION' 639.33; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITHU PROVIDING AN
EFFECTIVE DATE.
MR. NICHOLAS LVED FOR ADOPTION., MR. FISCHETTI SECONDED
' MOTION. MRS..WANITA SCHANUEL QUESTIONED COUNCIL ON THE 21 FOOT
LENGTH LIMITATION. DISCUSSION FOLLOWED.
VOTE ON THE MOTION. WAS UNANIMOUS. ORDINANCE N0. 37-85 WAS
ADOPTED.
NEW BUSINESS
ITEM 1. NOTION REt VENDOR'S LICENSE DR. KAR KARS — KAREN
L. SHORT'
CITY Ommm F=UEAR MEETING
AUGUST 20, 1985
FACE 1 OF 6.
MAYOR RUTHERFORD MOVED TO GRANT THE VENDORS LICENSE. MR.
•1.4RCHETTI SECONDED MOTION. MR. NICHOLAS MOVED TO AMEND BY ADDING
A CONTINGENCY THAT THE APPLICANT WOULD NOT BE ALLOWED TO DO DOOR
, DOOR SOLICITATION. MR. MARCHETTI SECONDED MOTION. VOTE ON
,1,11E AMENDMENT WAS UNANIMOUS-
VOTE ON
NANIMOUS.VOTEON. THE MAIN MOTION, WAS UNANIMOUS.
ITEM 2. ORDINANCE NO 41-65 ESTABLISHING STRAW BALLOT
UESTION -REGARDING PROVIDING FIRE PROTECTION
SERVICER TO. PORT CANAVERA FIRBTREADING'AND
PUBLIV tlsftmzmGp
MAYOR RUTHERFORD READ THE. TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE SUBMITTING TO THE ELECTORS. OF
CAPE CANAVERAL, FLORIDA, ASTRAW-BALLOT
REFERENDUM QUESTION TO ESTABLISH THE. CITY'S
POLICY REGARDING PROVIDING PORT CANAVERAL
WITH FIRE EQUIPMENT; ESTABLISHINGLANGUAGE
FOR THE PROPOSED REFERENDUM QUESTION;
ESTABLISHING THE DATE FOR THE PROPOSED
REFERENDUM QUESTION; REPEALING ALL PORTIONS'..
OF THE CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE. DATE.
MR. MARCHETTI. MOVED TO APPROVE FIRST READING. MR. NICHOLAS
SECONDED MOTION.
MR. WINCHESTER AND MR. MARCHETTI VOICED OPPOSITION TO THE
ORDINANCE. MR.. NICHOLAS EXPLAINED THAT HE FELT PLACING THE
QUESTION ON, THE BALLOT WOULD PROVIDE GUIDELINES TO THE CITY
COUNCIL. DISCUSSION FOLLOWED.
MR. FISCHETTI MOVED TO POSTPONE UNTIL THE NEXT COUNCIL
MEETING. MR. WINCHESTER SECONDED MOTION.. VOTE ON THE, MOTION WAS
UNANIMOUS.'
ITEM 3. RESOLUTION NO 85-36 AGREEMENT WITH BREVARD COUNTY
REGARDING COMMUNITY DEVELOPMENT, BLOCK GRANT
PROGRAM HUD
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLIOWSt
A .RESOLUTION OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ENTERING INTO A COOPERATION AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY, FLORIDA, FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, FEDERAL FISCAL YEARS 1986,
1987 AND 1988; PROVIDING AN EFFECTIVE DATE,
MR. NICHOLAS MOVED FOR. ADOPTION.. MR. WINCHESTER SECONDED
MOTION. IT WAS. EXPLAINED THAT BY ADOPTION OF. THIS RESOLUTION THE
CITY WOULD AUTHORIZE THE COUNTY TO INCLUDE THE CITY'S POPULATION
CITY 03;l;Cm REGULAR ME£CING
AUGUST 20, 1985
PACE 2 OF 6
;,�R THE PURPOSE OF APPLYING FOR GRANT FUNDS.,
VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 65-36 WAS
ADOPTED.,
ITEM 4. RESOLUTION NO. 85-37 AGREEMENT WITH DOBSON BJERNING
AND DUFFY FOR AUDITING 6 R"CES
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS,FOLLOWS:
A RESOLUTION APPROVING AGREEMENT FOR AUDITING
SERVICES BETWEEN THE CITY OFCAPE CANAVERAL,
FLORIDA AND DOBSON, BJERNING L DUFFEY, P.A.$.
PROVIDING AN EFFECTIVE, DATE. .
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. PISCHETTI SECONDED
MOTION. VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 85-37
WAS ADOPTED.
IT WAS POINTED OUT THAT THE COST FOR THE AUDIT SERVICES WAS
$10.900.00. -
ITEM S. RE60LUTION
N0. 85-38 AGREEMENT WITH JOSEPH SCOTT
FOR LEGAL SERVICES.
MAYOR RUTHERFORD READ THE ,TITLE' Or THE RESOLUTION AS FOLLOWSt
A RESOLUTION AUTHORISING THE CITY OF CAPE
CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT
WITH JOSEPH W. 'SCOTT To PROVIDE` LEGAL SERVICES
TO THE CITY OF CAPE CANAVERAL, FLORIDA$
PROVIDING AN EFFECTIVE ',DATE..
MAYOR RUTHERFORD MOVED FOR ADOPTION.. MR. NICHOLAS SECONDED
MOTION.
MR. WINCHESTER EXPRESSED CONCERN BECAUSE MR. SCOTT HAD TO
EXCUSE HIMSELF FROM SITTING AS COUNSEL ON A RECENT ISSUE BECAUSE
HE HAD PREVIOUSLY REPRESENTED TWO OF THE DEVELOPERS INVOLVED. HE
FURTHER EXPLAINED THAT RE FELD THIS COULD BECOME MORE OF A PROBLEM
IN THE FUTURE.
VOTE ON THE MOTION WAS AS FOLLOWS, IN FAVOR,. MR. NICHOLAS$
' OPPOSED, MR. FISCRETTI,MR. MARCHETTI, MAYOR RUTHERFORD AND MR.
WINCHESTER. RESOLUTION NO. 85-38 FAILED.
ITEM 6. RESOLUTION NO 85-39 AGREEMENT WITH BREVARD COUNTY
REGARDING Ml7NICI AL ELECTION
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS.FOLLOWSt
A RESOLUTION AUTHORISING THE. MAYOR AND THE
CITY CLERK TO ENTER INTO AN AGREEMENT WITH
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS
TO CONDUCT THE MUNICIPAL ELECTION FOR THE CITY
OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE. DATE.'
CITY G33mn rmaxAR MEETING
A== 20, 1985
PAGE 3 OF 6
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. WINCHESTER
SECONDED MOTION. IT WAS EXPLAINED THAT THIS IS THE STANDARD
AGREEMENT THE CITY HAS WITH THE COUNTY TO ASSIST WITH A CITY
ELECTION..
VOTE ON THE MOTION WAS UNANIMOUS- RESOLUTION NO, 55-39 WAS
ADOPTED.
ITEM 7. RESOLUTION NO. 85-40 APPOINTMENT OF LIBRARY BOARD
MEMBERS
MAYOR RUTHERFORD READ THE. TITLE OF. THE RESOLUTION AS FOLLOWSt
A RESOLUTION APPOINTING MEMBERS TO THE
LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDAI .PROVIDING AN EFFECTIVE DATE.
MR. FISCHETTI 14OVEDFOR ADOPTION. MR, 14ARCHETTI SECONDED
MOTION. VOTE ON TUE MOTION WAS UNANIMOUS. RESOLUTION NO. 85-40
WAS ADOPTED AND APPOINTED MRS,. ELAINE SHERIDAN AS A REGULAR
MEMBER OF THE BOARD AND MR. JOHN GRADY AS AN ALTERNATE MEMBER.
ITEM B. RESOLUTION N0. 85-41 URGING BREVARO COUNTY NOT TO
CLO E CAPE CAN VERAL PUBLIC LIBRARY
MAYOR RUTHERFORD READ THE TITLE OF. THE RESOLUTION AS FOLLOWS:
A RESOLUTION URGING BREVARD COUNTY NOT TO
CLOSE THE CAPE CANAVERAL PUBLIC LIBRARYt
AUTHORIZING THE CITY CLERK TO SEND COPIES
OF THE RESOLUTION TO THE BOARD OF COUNTY
COMMISSIONER$ AND THEIR ADMINISTRATIVE
STAFFt PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION, VOTE. ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 85-41
WAS ADOPTED. IT WAS NOTED THAT THE'BREVARD COUNTY BOARD OF
COMMISSIONERS WILL HOLD A PUBLIC HEARING OF THIS ISSUE. AT THEIR
MEETING, TO BE HELD IN MELBOURNE ON AUGUST 27TH.
ITEM 9.RESOLUTION NO. 85-42 SUPPORTING .0216 RESORT TAX
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS;
A RESOLUTION or THE CITY OF CAPE CANAVERAL,
FLORIDA,. SUPPORTING THE PLACEMENT OF THE TWO
PERCENT RESORT TAX ON THE NOVEMBER BALLOTS
REQUESTING A TAX
RESTORATION S AUCH ND CONSTRBUCTIONDOF AFCENTBRALLY
LOCATED CONVENTIONICIVIC CENTERI AUTHORIZING
THE CITY CIS" TO SEND COPIES OP THE
RESOLUTION TO THE BOARD: OF COUNTY COMMISSIONERS
AND THEIR ADMINISTRATIVE STAFFt
PROVIDING N EFFECTIVE DATE,
CITY' COUNCIL Fz m MEEMNG
AUGUST 20, 1985
PACE 4 OF 6
}.R. FISCHETTI MOVED FOR ADOPTION. MR' MARCHETTI SECONDED
AP -TION, IT WAS POINTED OUT THAT EVEN THOUGH THE RESOLUTION
SPECIFIED THE TAX MONEY BE USED FOR A CIVIC CENTER OR BEACH
RESTORATION, THERE is NO GUARANTEE THAT THIS WOULD BE THE CASE.
DISCUSSION FOLLOWED.
VOTE ON THE MOTION WAS AS FOLLOWSs IN FAVOR, MAYOR,
W*TFIERFORD; OPPOSED,'. KR- FISCHETTI, MR. MARCHETTI, MR'. NICHOLAS
-%t) MR. WINCHESTER. RESOLUTION NO. 85-42 FAILED.
ITEM 10. MOTION RE: AUTHORIZATION FOR BIDS FOR CHRISTMAS
DECORATIONS
MAYOR 'RUTHERFORD $O MOVED. MR. NICHOLAS SECONDED MOTION.
tION CARRIED UNANIMOUSLY.,
MR. WINCHESTER MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA.
_... FISCHETTI SECONDED MOTION, MOTION CARRIED UNANIMOUSLY.
ADD-ON ITEMS MOTION
SRTO ADAINING ISE THEAC TYNREGARDINEY NGGN
THE
INITIATIVE PETITION
MR. FISCHETTI SO MOVED, MR. WINCHESTER SECONDED MOTION.
:R. NICHOLAS POINTED OUT THAT THE PETITION HAD NOT FORMALLY BEEN
PRESENTED TO THE CITY. COUNCIL.. .DISCUSSION FOLLOWED.
MR. MARCHETTI MOVED TO TABLETHIS ITEM UNTIL LATER IN THE
MEETING. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED
L :.4N IMOUSLY .
II AT THIS TIME, CITY CLERK J. LEESER PRESENTED AN INITIATIVE
PETITION FROM THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT
FRIENDS TO THE CITY COUNCIL. CITY ATTORNEY SCOTT EXPLAINED. THAT
MR. HAROLD BISTLINE,�THE ATTORNEY FOR THE COMMITTEE WHO PREPARED
THE PETITION, WAS IN THE PROCESS OF PREPARING IT. INTO ORDINANCE
' FORM. HE FURTHER EXPLAINED THAT THECITY COUNCIL HAD 30 DAYS,
FROM THE DATE THE PETITION WAS SUBMITTED TO ACT UPON THE
ORDINANCE. MR. SCOTT RECOMMENDED POSTPONING. THIS ITEM UNTIL THE
NETT REGULARLY SCHEDULED COUNCIL MEETING.
IT WAS NOTED THAT THE CITY CLERK HAD ALREADY FORWARDED THE
PETITION TO THE BREVARD COUNTY SUPERVISOR OF ELECTIONS FOR
SIGNATURE. VERIFICATION
CITY COUNCIL RBaUL R METIM
AUGUST 20, 1985'
PALE 5 OF 6
MICROFILMED AUG 87
VOLUNTEER FIRE CHIEF PAT LEE ADDRESSED THE COUNCIL AND
REQUESTED THEY PUT THE QUESTIONS PRESENTED ON THE PETITION TO
THE VOTERS . DISCUSSION FOLLOWED.
AT THIS TIME MR. FISCHETTI MOVED TO BRING THE ABOVE MOTION
REGARDING THE ADD-ON ITEM OFF OF THE TABLE. MR. WINCHESTER
SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
DISCUSSION FOLLOWED ON THE SCOPE OF WORK WHICH THE CITY WOULD
BE REQUESTING FROM ATTORNEY STEVENS AND THE COST OF HIS SERVICES.
IT WAS DECIDED TO REQUEST ATTORNEY STEVENS DO A PRELIMINARY
INVESTIGATION REGARDING THE LEGALITY OF THE INITIATIVE PETITION;
REVIEW THE PROPOSED ORDINANCE AND TO GIVE A PRESENTATION TO THE
CITY COUNCIL AT THEIR NEXT WORKSHOP MEETING. DISCUSSION FOLLOWED.
VOTE ON THE MOTION TO RETAIN ATTORNEY STEVENS WAS AS FOLLOWS:
IN FAVOR, MR. FISCHETTI, MR. MARCHETTI , MAYOR RUTHERFORD AND
MR. WINCHESTER; OPPOSED, MR. NICHOLAS. MOTION CARRIED.
MR. WINCHESTER MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA.
MR. FISCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS AS
FOLLOWS: IN FAVOR; MR. FISCHETTI , MR. MARCHETTI, MAYOR RUTHERFORD
AND MR. WINCHESTER; OPPOSED, MR. NICHOLAS. MOTION CARRIED.
ADD-ON ITEM: MOTION TO PAY CITY ATTORNEY SCOTT TO THE END
OF HIS PRESENT CONTRACT; TERMINATE HIS
SERVICES; BRING IN DEPUTY CITY ATTORNEY
THERIAC TO FILL OUT THE UNEXPIRED TERM WHILE
SEEKING ANOTHER CITY ATTORNEY
MR. WINCHESTER SO MOVED. MAYOR RUTHERFORD SECONDED MOTION.
DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS AS FOLLOWS: IN
FAVOR, MR. FISCHETTI, MR. MARCHETTI , MAYOR RUTHERFORD AND MR.
WINCHESTER; OPPOSED, MR. NICHOLAS. MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 9 : 00 P.M.
APPROVED THIS 3rd DAY OF September , 1985
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C y Clerk CITY COUNCIL REGULAR MEETING
AUGUST 20, 1985
PAGE 6 OF 6
VOLUNTEER FIRE CHIEF PAT LEE ADDRESSED THE, COUNCIL AND
i:I:O'.'£STEO THEY PUT THE QUESTIONS PRESENTED ON THE PETITION. TO
1'ItE VOTERS. DISCUSSION FOLLOWED. ION
AT .THIS TIME MR. FISCHETTIMOVED TO BRING THE ABOVE MOT
REGARDING THE ADD-ON ITEM OFF,OF THE TABLE. MR. WINCHESTER
SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
DISCUSSION FOLLOWED ON THE'SCOPE OF WORK WHICH THE CITY WOULD
STEMS AND THE .COST OF. HIS SERVICES.
HC REQUESTING FROM ATTORNEY
IT WASDECIDED. TO REQUEST ATTORNEY STEVENS DO A., PRELIMINARY
1'+VESTIGATION REGARDING THE.LEGALITY, OF THE INITIATIVE PETITION;
ROP
HI:VIEW THE POSED.ORDINANCE AND TO GIVE A PRESENTATION TO THE
CLTY COUNCIL AT THEIR WORKSHOP MEETING. DISCUSSION FOLLOWED-
CITY
ON THE NOTION TO RETAIN ATTORNEY STEVEN S WASAS FOLLOWS:
,
It: FAVOR. MR, FISCHETTIf MR. MARCHETTI, MAYOR RUTHERFORD 11N0
WINCHESTERI OPPOSED. MR. NICHOL.AS. NOTION CARRIED.
WINCHESTER MOVED TO RDD THE FOLLOWING ITEM TO THE AGENDA.
FISCHETTI SECONDED MOTION. VOTE ON THE NOTION WAS AS
f OL.LOWS: IN FAVOR; 'MR. FISCHETT" MR. MARCHETTI, MAYOR RUTHERFORD
POSED, MR. NICHOLAS. MOTION CARRIED.
AND MR. WINCHESTERt. OP To
ITY ATTORNEY SCOTT
ADD-ON ITEM; UF�HIS PRESENT CCONTRACTTEAMI ATEIiISHE END
SERVICES BRING IN 'DEPUTY M ATTORNEY
THERIAC TO FILL OUT THS EXPIRED TERM WHILE
6EE I G ANOTHER ITP ATTO
MR. WINCHESTER SO MOVED. MAYOR RUTHERFORD SECONDED' MOTION.'
DISCUSSION FOLLOWED, VOTE ON THE MOTION WAS AS FOLLOWS: IN '
FAVOR, MR. FISCHETTT. MR.; MARCHETTI, MAYOR RUTHERFORD'AND MR.'
WINCHESTERI OPPOSED,, MR. NICHOLAS. MOTION CARRIED.
THERE BEING No FURTHER BUSINESS# THE MEETING WAS ADJOURNED
AT 9%00 P.M- 1985
APPROVED THIS 3rd DAY OF Sentem "
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