HomeMy WebLinkAboutMinutes 09-03-1985CITY COUNCIL
REGULAR MEETING
SEPTEMBER 3. 1985
A REGULAR MEETING or THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON SEPTEMBER', 3. 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 P. NUTT, DEPUTY. CITY ATTORNEY. J. 'THERIAC AND
CITY CLERK J. LESSER.
MR. WINCHESTER MOVED TO APPROVE THE MINUTES OF THE REGULAR
MEETING OF AUGUST 20, 1985. 'MR. MARCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
MAYOR RUTHERFORD MADE THE PRESENTATION OF *VOLUNTEER OF.
THE MONTH" AWARD,TO JEAN CASON FOR HER WORK AS LIBRARY AIDE
AT CAPE CANAVERAL PUBLIC, LIBRARY.
PUBLIC HEARING
ITEM 1. RESOLUTION NO. 85-43ADOPTING' TENTATIVE 1985-86
lBUDGET INCLUDING FEDERAL REVENUE SHARING
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS,
A RESOLUTION ADOPTING THE TENTATIVE ANNUAL:
GENERAL FUND BUDGET AND TENTATIVE ANNUAL
SANITARY SEWER BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1. 1985 AND ENDING
SEPTEMBER 30„ 19861 PROVIDING AN EFFECTIVE DATE'.
MR. FISCHETTI MOVED FOR ADOPTION. MR. NICHOLAS SECONDED'
' MOTION. MAYOR RUTHERFORD EXPLAINED. THAT THIS WAS A PUBLIC HEARING
ON THE CITYIS TENATIVE BUDGET. HE FURTHER NOTED THAT THE CITY
ANTICIPATED RECEIVING $32,000.00 FROM FEDERAL REVENUE SHARING,
WHICH .WOULD BE USED FOR THE PURCHASE OF CAPITAL ITEMS.
DISCUSSION FOLLOWED ON THE PUSLIC SAFETY BUDGET ($.425,000.)
AND EXPLORING OTHER -ALTERNATIVES, INCLUDING REESTABLISHING A
.CITY POLICE FORCE, PRIOR TO NEXT:BUDGET YEAR.
CITY COUNCIL RSQIAR MEETING
OWTM492 3, 1985
PACE 1 OF 6
VOTE ON THE MOTION WAS UNANIMOUS. THE 1985-86 FISCAL YEAR
TENTATIVE BUDGET, A COPY OF WHICH IS ATTACHED HERETO, WAS
ADOPTED.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 41-85 ESTABLISHING STRAW BALLOT
UESTI N AEGARDIN4 PROVIDING FIRE PROTECTION
SERVICES TO PORT CANANVERAL FIRST READING AND
UBLIC HEARINGI POETOPNED - -
MAYOR RUTHERFORD READ THE TITLE OF�THE ORDINANCE AS FOLLOWS:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF
CAPE CANAVERAL, FLORIDA, A STRAW -BALLOT
REFERENDUM QUESTION TO ESTABLISH THE CITY'S
POLICY REGARDING PROVIDING PORT CANAVERAL
WITH FIRE: EQUIPMENT2 ESTABLISHING LANGUAGE
FOR THE PROPOSED REFERENDUM QUESTIONt'-
ESTABLISHING THE DATE FOR .THE PROPOSED
REFERENDUM QUESTIONj. REPEALING ALL PORTIONS.
OF THE:CODE IN, CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
ORDINANCE NO. 41-85 FAILED FOR, LACK 'OF,A MOTION,.
NEW BUSINESS
CITY ATTORNEY THERIAC REQUESTED ITEM 6 BE CONSIDERED AT
THIS TIME.
ITEM 6. DISCUSSION REf CAPE CANAVERAL VOLUNTEER PIKE
DEPARTMENT FRIENDS PETITION:
CITY ATTORNEY THERIAC APPRAISED:COUNCIL OF THE NEGOTIATIONS
THAT HAD TAKEN PLACE WITH THE VOLUNTEER FIREFIGHTERS THUS FAR,
THROUGH THEIR ATTORNEY '.MR, HAROLD BISTLINE. MR. THERIAC
QUESTIONED COUNCIL ON WHETHER OR NOT THEY WOULD. CONSIDER ALIAWING
THE VOLUNTEER FIREFIGHTERS TO CONTINUE SERVING PORT CANANVERAL
WITHOUT UTILIZING CITY EQUIPMENT, MR. THERIAC FURTHER NOTEDTHAT,
IF THE COUNCIL WOULD ACCEPT THIS, HE FELT NEGOTIATIONS COULD.
CONTINUE.
' MR. THERIAC SUGGESTED A COMMITTEE CONSISTING OF A'COUNCIL
MEMBER, HIMSELF, MR. BISTLINE, AND VOLUNTEER FIRE CHIEF PAT 'LEE,
OR ANOTHER MEMBER OF THE PETITION COMMITTEE, CONTINUE NEGOTIATIONS
AND REPORT BACK AT THE NEXT WORKSHOP MEETING..
DISCUSSION FOLLOWED.: MR. BISTLINE AND MR. LEE REITERATED
THE VOLUNTEERS POSITION, 1.®. THAT THEY ARE HERE TO SERVE THE
CITY BUT SEE NO PROBLEM WITH ALSO SERVING PORT CANAVERAL- MEMBERS
CITY O= CIL REGULAR MEETING
SEPTEMBER 3, 1985
PACE '2 OF 6
iy: I'- IUNCIL WERE IN AGREEMENT THAT THE VOLUNTEER FIREFIGHTERS
COC;D SERVE BOTH PORT CANAVERAL AND THE CITY, PROVIDING THE CITY'S
EQUIPMENT WASN'T USED AT PORT CANAVERAL. MR. FISCHETTI WAS
APPOINTED TO REPRESENT, COUNCIL, AT THE NEGOTIATIONS.
MR. THERIAC QUESTIONED MR. BISTLINE ON WAIVING ANY DEFENSE
ON THE TECHNICALITY OF THE TIME FRAME WHICH COUNCIL NEEDS TO
TAKE ACTION ON THE PETITION, IN ORDER TO, ALLOW TIME FOR
NEGOTIATIONS.. MR. BISTLINE EXPLAINED THE CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT FRIENDS WOULD. NOT WAIVE ANY RIGHT TO BE ON THE
NOVEMBER BALLOT.
ITEM 1. ORDINANCE NO A2-85 ESTABLISHING BALLOT QUESTION
REGARDING A SPECIAL AD VALOREM TAX FOR CONSTRUCTION
AND OPERATION OP A PUBLICLIBRARY FIRST READING
AND PUBLIC HEARING
MAYOR RUTHERFORD READ THE TITLE OF THE. ORDINANCE AS FOLLOWS:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF
THE CITY OF CAPE CANAVERAL, FLORIDA, A..
REFERENDUM QUESTION REGARDING THE .IMPOSITION
OF A'SPECIAL 'AD VALOREM. TAX FOR THE CON-
STRUCTION AND
ON-STRUCTIONAND OPERATION OF A PUBLIC LIBRARY;
ESTABLISHING THE DATE FOR THE PROPOSED
REFERENDUM QUESTIONS REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR.'. MARCHETTI
SECONDED MOTION.
MR. NICHOLAS MOVED TO ADD THE .WORD MAINTENANCE IN THE TITLE
AND THE REFERENDUM QUESTION. MR. MARCHETTI SECONDED MOTION. VOTE
ON THE AMENDMENT WAS UNANIMOUS..
DISCUSSION FOLLOWED. THE ESTIMATED COST AND PROPOSED SIZE
OF A LIBRARY FACILITY WAS 'ADDRESSED. IT WAS ,SUGGESTED THAT THE
LIBRARY BOARD MAKE A RECOMMENDATION ON SIZE.
MR. WINCHESTER MOVED TO AMEND THE ORDINANCE BY PLACING THE
WORDS ..."NOT TOEXCEED .5 MILL'... IN THE REFERENDUM QUESTION.
MR. FISCHETTI SECONDEE) NOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR .RUTHERFORD MOVED. TO REWORD THE REFERENDUM TO READ AS
FOLLOWS:.
Shall the City of Cape Canaveral, Florida, retain and levy
an ad valorem tax of not to exceed .5 will on all real,
property located within the City of Cape Canaveral, Florida,
to construct and maintain a library facility in the City of
Cape Canaveral and, if the Brevard County Board of County
Commissioners discontinues financial support of the Cape
Canaveral Library, to.fund the operation of the Library?
CITY COUNCIL. NECRBAR MEETING
SEnDUM 3.1985
PAGE 3 OF 6
MR. MARCHETTI SECONDED MOTION. VOTE ON THE AMENDMENT WAS
Ut:ANIMOUS-
MAIN MOTION ON THA' FLOOR, FOR APPROVAL OF FIRST READING OF
ORDINANCE NO. 42-85, CARRIED UNANIMOUSLY.
ITEM 2. RESOLUTION NO, 85-44 AGREEMENT WITH BREVARD COUNTY
SHERIFF FOR POLI E:SERVICES
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS!
A RESOLUTION AUTHORIZING THE MAYOR AND
THE CITY CLERK TO ENTER INTO AN AGREEMENT
WITH THE BREVARDCOUNTY SHERIFFS DEPARTMENT
TO PROVIDE MUNICIPAL POLICE SERVICES TO THE
CITY OF CAPE CANAVERAL, FLORIDAI PROVIDING
AN EFFECTIVE DATE.,
MR. MARCHETTI. MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
MOTION. IT WAS NOTED THAT. THE COST OF THE .CONTRACT FORPOLICE
SERVICES FOR FISCAL YEAR 1965-56 WAS $425,000.00. DISCUSSION
FOLLOWED ON THE LEVEL OF SERVICE AND THE POSSIBILITYI OF A
STRAW BALLOT QUESTION REGARDING REESTABLISHING A CITY POLICE
DEPARTMENT.
SOME CITIZENS,. INCLUDING MR. TOM DOLAN AND MS, DIANNA GREER,
SPOKE AGAINST RENEWING THE CONTRACT WITH BREVARD COUNTY
VOTE ON .THE MOTION WAS UNANIMOUS.. RESOLUTION NO, 65-44 WAS
T:DOPTED.
ITEM. 3. RESOLUTION NO. 85-46 REAPPOINTMENT OF PLANNING AND
ZONING BO MEMBERS
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS -
A RESOLUTION REAPPOINTING REGULAR MEMBERS
TO THE PLANNING AND ZONING BOARD OF THE. -
CITY OF CAPE CANAVERAL, FLORIDAI PROVIDING
AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
' MOTION.,
MR. FISCHETTI EXPLAINED THAT ALTHOUGH HE WAS IN FAVOR OF
REAPPOINTING THE THREE MEMBERS, LAMAR RUSSELL, RDCIUiBY E. FEEMAN,
AND CHRIS BECK,HE FELT COUNCIL SHOULD REVIEW THE LENGTH OF TERMS
OF ALL BOARD MEMBERS. MR. FiSCHETTI MOVED TO POSTPONE UNTIL THE
NEXT REGULAR MEETING. MR. WINCHESTER SECONDED MOTION. .VOTE .ON
CITY CMI CIL remit R MEEPING
SEPTEMBER 3, 1985
PAGE 4 OF 6
111E MOTION WAS AS FOLLOWS: IN FAVOR, MR. FISCHETTI, MR. MARCHETTI,
AND MR, WINCHESTER; OPPOSED, MR. NICHOLAS AND MAYOR RUTHERFORD.
RESOLUTION NO. 85-46 WAS POSTPONED UNTIL NEXT MEETING.
ITEM 4. RESOLUTION No. 85-47 REAPPOINTMENT OP LIBRARY
BOARD MEMBER
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
ARESOLUTION REAPPOINTING A REGULAR MEMBER.
TO THE LIBRARY BOARD OF. THE CITY OF CAPE `-
CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE'
DATE.
THIS RESOLUTION WOULD APPOINT ERNESTINE BUTTE TO THE LIBRARY
BOARD FOR A FIVE YEAR TERM.'.
MR. MARCHETTI MOVED' TO POSTPONE UNTIL NEXT MEETING. MR.
FISCHETfI SECONDED MOTION, VOTE ON THE :MOTION WAS AS FOLLOWS:
IN FAVOR, MR. FISCHETTI, MR. MARCHETTI, MAYOR. RUTHERFORD AND
MR, WINCHESTER; OPPOSED, MR. NICHOLAS. RESOLUTION N0. 85-47
WAS POSTPONED UNTIL THE NEXT MEETING.
ITEM S. RESOLUTIONNO. 85=481AEPOINTING CITY ATTORNEY
AND DEPUTY CITY ATTORNE
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING CITY ATTORNEY AND A
DEPUTY CITY, ATTORNEY;.PROVIDING FOR COMPENSATION;
PROVIDING AN EFFECTIVE DATE,.'
MAYOR RUTHERFORD MOVED .FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION. THE RESOLUTION WOULD APPOINT MR. JAMES THERIAC,'III AS
CITY ATTORNEY AND MR. DAN'ENNIS, APARTNER OF MR. THERIAC'S, AS
DEPUTY CITY ATTORNEY.
DISCUSSION FOLLOWED ON THEIR LAW FIRM ALSO REPRESENTING BREVARD
COUNTY COMMISSIONER ROBERTS.
MR.FISCHETTI MOVED TO AMEND BY APPOINTING MR. SHELDON STEVENS
AS THE DEPUTY CITY ATTORNEY. MR. WINCHESTER SECONDED MOTION,
DISCUSSION FOLLOWED. VOTE ON THE AMENDMENT WAS AS FOLLOWS; IN
FAVOR, MR. FISCHETTI AND MR. WINCHESTER; OPPOSED, MR. MARCHETTI,
MR. NICHOLAS AND .MAYOR RUTHERFORD. MOTION FAILED.
VOTE ON THE MAIN. MOTION WAS UNANIMOUS. MR. �THERIAC WAS
APPOINTED AS CITY ATTORNEY AND MR. ENNIS�WAS APPOINTED AS DEPUTY
CITY ATTORNEY.
CITY WINCIL REGULAR 14 EPING
SEPTO FA 3, 1985
;PACE 5 OF 6
MICROFILMED AUG 87
ITEM 6 . DISCUSSION RE: CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT FRIENDS PETITION
THIS ITEM WAS ADDRESSED EARLIER IN THE MEETING.
MR. WINCHESTER MOVED TO ADD THE FOLLOWING ITEM TO THE
AGENDA. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ADD-ON ITEM: MOTION RE: AUTHORIZING ATTORNEY SHELDON
STEVENS TO PARTICIPATE IN NEGOTIATIONS WITH
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT
FRIENDS REGARDING COMPROMISE ON PETITION
MR. WINCHESTER SO MOVED. MR. FISCHETTI SECONDED MOTION.
DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS ALL OPPOSED.
MOTION FAILED.
DISCUSSION
MAYOR RUTHERFORD REMINDED EVERYONE OF THE BREVARD LEAGUE
MEETING.
MR. FISCHETTI REQUESTED THAT THE FOLLOWING DISCUSSION ITEMS
BE PLACED ON THE NEXT WORKSHOP MEETING AGENDA: PREFAB DEVELOPMENT
AND NAMING THE CITY BALLPARK.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 9 : 50 P.M.
APPROVED THIS 17th DAY OF Se. ember , 1985 .
iayor
Or
ATTEST:
t \ ,.t
City Clerk (Deputy)
CITY COUNCIL REGULAR MEETING
SEPTEMBER 3, 1985
PAGE 6 OF 6
ITEM G.DISCUSSION RE: CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT FRIENDS PETITION
THIS ITEM WAS ADDRESSED EARLIER IN THE MEETING.
MR. WINCHESTER MOVED TO ADD THE 'FOLLOWING ITEM TO THE
AGENDA. MR. FISCHETTI SECONDED MOTION. MOTION. CARRIED UNANIMOUSLY.
ADD-ON. ITEM! MOTION 'i'0° AUTHORIZZ NG ARTICIPATE ATTORNEY SHELDON ITH
CAPE CANAVB L VOLUNTEER FIRE DEPARTMENT
FRIENDS REGARDING COMPROMISE ON PETITION
MR: WINCHESTER SO MOVED.. MR. FISCHM71 SECONDED MOTION.
;;I5CUSSION FOLLOWED. .VOTE ON THE MOTION WAS ALL OPPOSED.
MOTION .FAILED.
!)ISCUSSION
MAYOR RUTHERFORD REMINDED EVERYONE OF THIE BREVARD LEAGUE
MEETING.:
MR. FISCIIETTI REQUESTED THAT THE FOLLOWING DISCUSSION ITEMS
GE 'PLACED ON THE NEXT WORKSHOP MEETING AGENDA: PREFAB DEVELOPMENT
AND NAMING THE CITY. BALLPARK.
THERE BEING NO FURTHER, BUSINESS, THE. MEETING WAS ADJOURNED'
AT 9150. 1955. P.M.
APPROVED THIS 17th DAY OF S_ ar '
ayor
ATTEST:
t_7 a n
' C ty C erc Deputy
CITY COUNCIL R03JIAR K rING
SEPTEMBER 3, 1985