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Home My WebLink AboutMinutes 10-15-1985CITY COUNCIL REGULAR MEETING OCTOBER 15, 1985 A REGULAR MEETING OF THE. CITY COUNCIL SOF., THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON OCTOBER 15; 1985, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT, 7030 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. LAND L. NICHOLAS. ALSO PRESENT WERE CITY MANAGER F. NUTT, CITY ATTORNEYJ..THERIAC: AND CITY CLERK J. LESSER. MR. FISCHETTI MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 1, 1985.. MR.,MARCRETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS., TIME) THE "VOLUNTEER. OF THE MONTH AWARD" WAS PRESENTED TO MS. HELEN FILKINS FOR HER SERVICE ON THE PLANNING AND ZONING BOARD, LOCAL PLANNING AGENCY AND ALSO FOR SERVING ON THE CAPE CANAVERAL HOSPITAL STUDY COMMITTEE. MAYOR RUTHERFORD MOVED TO .ADDRESS ITEM 1 UNDER NEW BUSINESS AT THIS TIME. MR. FISCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 1. 'ORDINANCE NO. 45-85. AMENDING CHAPTER 733 ALCOHOLIC. BEVERAGE SALE REGULATIONS BY LHANG NG BAA LOSING OURS FIRST K&ADING AND. PUBLIC HEARING MAYOR' RUTHERFORD READ. THE TITLE OF THE ORDINANCE AS FOLLOWS, ' AN ORDINANCE AMENDING CODE CHAPTER 733, 'ALCOHOLIC BEVERAGE: SALE REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA BY AMENDING SECTIONS 733.01 AND 733.03 BY CHANGING THE HOURS OF OPERATIONI REPEALING ALL:PORTION$ OF THE CODE IN CONFLICT HEREWITHi PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED TO APPROVE FIRST READING. MR. MARCHETTI SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT ADOPTION OF THIS ORDINANCE WOULD AMEND THE BAR CLOSING HOURS TO 2:00 A.M., WITH A4:00 P.M. CITY Q:KIOII. RflaRAR MEETING OC1O81R 15, 1985 PAGE 1 OF 6 EXCEPTION FOR NEW YEARS EVE, EFFECTIVE JANUARY 2, 1986. HE FURTHER NOTED THIS IS THE HOURS COCOA BEACH RECENTLY ADOPTED. IT WAS POINTED OUT .THAT THE COUNTY IS IN THE PROCESS OF ADOPTING NEW HOURS BUT HAVE NOT MADE FINAL DECISION. IN RESPONSE FROM AQUESTION FROM 'MR. JIM 'MORGAN, OWNER OF DIAMOND GINNYS AND THE STRAW NAT CLUB, MR. RUTHERFORD EXPLAINED THAT THE BREVARD LEAGUE OF CITIES HAS CHOSEN NOT TO TAKE A' POSITION ON THIS ISSUE AT THE PRESENT TIME. '. SEVERAL MEMBERS OF: THE AUDIENCE PARTICIPATED IN A DISCUSSION ON THE ISSUE.. AMONG THOSE SPEARING IN FAVOR OF.THE ORDINANCE WERE MR. AND MRS. CLIFF RAY, MR. DON. MOSHER,:REV. JAMES BLIZZARD, AND MR. AND MRS. THOMAS GRIGGS- MR. JIM MORGAN, MR., VINCENT JAMES, MS. LIZ BROWN AND MR. JIM GREER, OF THE TALLAHASSEE EXECUTIVE LOSS PREVENTION FIRM, WERE AMONG THOSE WHO WERE OPPOSED TO THE ORDINANCE. DISCUSSION CONTINUED. VOTE ON THE MOTION WAS UNANIMOUS - ORDINANCE NO. 45-85 APPROVED FIRST READING. AT THIS TIME MAYOR RUTHERFORD CALLED FOR A TEN,MINUTE RECESS. THE MEETING RECONVENED AT 8150 P.M. UNFINISHED BUSINESS ITEM '1.. ORDINANCE NO. 44-85 A14ENDING CHAPTER 623._ SPECIAL INSPECTOR.- THRESHOLD BUILDINGS REt INSURANCE QUIREMENTB SECOND READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING. CODE CHAPTER 623, "SPECIAL INSPECTOR - THRESHOLD BUILDINGS", OF THE CITY OF CAPE CANAVERAL, FLORIDA, By AMENDING INSURANCE REQUIREMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; .PROVIDING AN EFFECTIVE DATE. MR-MARCHETTI MOVED FOR ADOPTION. MR.'FISCHETTI SECONDED, ' MOTION. DISCUSSION. FOLLOWED. IT WAS NOTED THAT THE ERRORS AND OMMISSIONS POLICY FORMERLY REQUIRED FOR THRESHOLD INSPECTORS IS NO LONGER AVAILABLE. VOTE ON THE NOTION WAS UNANIMOUS ORDINANCE NO, 44-85 WAS ADOPTED ON SECOND READING- ' C1TY 00(l m REGULAR MEETING OCIOBFSt 15, 1985 PAGE 2OF6 ITEM 2. RESOLUTIONPONED N0. 85) 85-57 APPOINTING CITY ATTORNEY POST—.1— MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT FOR LEGAL, SERVICES1 PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION., MR. WINCHESTER SECONDED MOTION. MR'. FISCHETTI. MOVED TO AMEND BY INSERTING THE NAME OF MR. JAMES TUERIAC AS CITY ATTORNEY, AND MR. DANIEL,ENNIS AND MR. SHELDON STEVENS AS DEPUTY CITY ATTORNEYS. MR- WINCHESTER SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION WAS UNANIMOUS. MR. THERIAC WAS APPOINTED AS CITYATTORNEY, WITH MR. ENNIS AND. MR. STEVENS APPOINTED AS DEPUTY ATTORNEYS- ITEM 3. MOTION Us AUTHORISING ADDITIONAL FUNDS FOR BEACH, 'CLEAN UP POSTPONED — -8 MR. NICHOLAS MOVED TO AUTHORIZE AN ADDITIONAL $6,000.00 TO COVER THE COST OFA BEACH—CLEAN UP PERSON FOR FORTY HOURS PER WEEK. MR. I WINCHESTER SECONDED MOTION. DISCUSSION FOLLOWED. IT WAS POINTED OUT THAT THE CITY CURRENTLY HAS A BEACH CLEAN UP PERSON FOR TWENTY HOURS A WEEK AND THIS ADDITIONAL FUNDING WOULD. INCREASE THE HOURS TO FORTY- VOTE ON ORTY.VOTEON THE NOTION WAS UNANIMOUS. NEW BUSINESS _ ITEM 1. ORDINANCE NO. 65-85 AMENDING CHAPTER 733ALCOHOLIC BEVERAGE SALE REGULATIONS BYCHANGING BAR CLOSING HOURS' FIRST READING ANO BUBLII. HEARIN THIS ITEM WAS ADDRESSED EARLIER IN THE MEETING, ITEM 2. RESOLUTION_ND. 85-5t APPOINTMENT OF CODE ENFORCEMENT .BOARD MEMBER MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: CODE ENFORCNEMATOIBOARDC PROOVIDINGANTNE EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION. MR. WINCHESTERSECONDED MOTION. MR. WINCHESTER .MOVED TO AMEND BY APPOINTING MR.. CHARLES STENGLEIN AS A REGULAR MEMBER IN THE CITIZEN—AT-LARGE CATEGORY, CITY ODEW L REG IIAR MEETING OCR16E8 15, 1985 PAGE 3 OF 6 �..up Y.R. GEORGE HUTCHERSON AS SECOND ALTERNATE IN THE BUSINESS ..,',TEGCRY. MR. NICHOLAS SECONDED MOTION. VOTE ON THE, MOTION dAS UNANIMOUS. VOTE ON THE MAIN MOTION WAS UNANIMOUS. ITEM 3. RESOLUTION NO. 85-58 APPOINTMENT OF BEAUTIFICATION BOARD MEMBERS MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS ,FOLLOWS:. A RESOLUTION APPOINTING MEMBERS TO THE BEAUTIFICATION BOARDI. PROVIDING AN EFFECTIVE DATE. DSR. FISCHSTTI MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.: .THE FOLLOWING MEMBERS WERE APPOINTED TO THE. BEAUTIFICATION BOARDS MS., ALICIA BRITTAIN, MS. HELEN MILLIKAN, MS, GERALDINE CLINE, MS. JUNE KING AND MS. SHIRLEY MEYERS. ITEM 4. RESOLUTION N0.-85-59 SETTING PUBLIC HEARING DATE TO CONSIDER VA ATING F VE FOOT 'UTILITY EASEMENT, K ' AVON BY THE S LOTS AND 0 TIERRA DE MARIE PwAr., AT 720 -7 0 ORANGE AVENUE- PETITIONER IS CLIFF RAY, OWNER MAYOR RUTHERFORD READ THE, TITLE OF. THE RESOLUTION AS FOLLOWS: A RESOLUTION ESTABLISHING. THE DATE FOR A PUBLIC HEARING FOR THE VACATION OF A FIVE FOOT UTILITY EASEMENT, ON LOTS 3 AND 8, BLOCK '57, 'TIERRA DE MARIE' WITHIN THE CITY OF CAPE. CANAVERAL, FLORIDAI AUTHORIE- ING CITY, CLERK TO ADVERTISE SUCH PUBLIC HEARING, PROVIDING AN EFFECTIVE DATE. MR, FISCHETTIMOVED FOR ADOPTION. MR.' MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NOVEMBER 19, ;1985 WAS. ESTABLISHED AS THE PUBLIC HEARING DATE, ITEM 5: RESOLUTION NO 85-60 ADOPTING INTER-LOCAL. AGREEMENT CREATING THE FLORIDA LEAGUE OF CITIES FIRST MSiNICIPALLOAN PROGRAM ' MAYOR RUTHERFORD READ THE TITLE. OF THE RESOLUTION AS FOLLOWS:' A RESOLUTION ADOPTING THE INTER-LOCAL. AGREEMENT CREATING THE FLORIDA LEAGUE OF CITIES FIRST MUNICIPAL LOCAL PROGRAM$ PROVIDING AN EFFECTIVE 'DATE. j MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION.. .CITY MANAGER NUTT EXPLAINED THAT: THE. FLORIDA LEAGUE OFCITIES HAS SECURED POTENTIAL FUNDING FOR 600 MILLION DOLLARS ,AND ARE CITY C=VlL R=R MEETING OCSOBER 15, 1985 PAGE 4 OF 6 ':SIDERING AN INTEREST LOAN RATE. OF 5.5%. HE FURTHER NOTED THAT THE CITY NEEDED TO GIVE THEM A TENTATIVE COMMITTMENT ON WHAT THE FUNDING WOULD BE USED FOR AND WHAT SOURCE OF REVENUE THE CITY WOULD RE USING. DISCUSSION FOLLOWED.: SOME OF THE SUGGESTIONS FOR THIS POTENTIAL FINANCING WERE SEWERAGE COLLECTION AND TRANSMISSION SYSTEM IMPROVEMENTS, STREET CONSTRUCTION AND REHABILITATION. CONSTRUCTION OF BEACH ACCESS AND BEACH ACCESS ACQUISITION. VOTE ON. THE MOTION WAS UNANIMOUS, ITEM 6. MOTION REt VENDORS LICENSE JOHNNY'S DOG HOU O SE JOHN A. MANNA MR. NICHOLAS MOVED TO GRANT THE .,VENDORS LICENSE TO MR. MANNA. MOTION DIED FOR LACK OF ASECOND.' ITEM 7. MOTIONREtADOPTION. OF RECREATION F CILITY RENTAL FEE CHEDULE MAYOR RUTHERFORD. MOVED TO ADOPT THE RECREATION FACILITY. RENTAL FEE SUGGESTED BY THE RECREATION BOARD. MR. NICHOLAS SECONDED MOTION. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS.THE FOLLOWING FEE SCHEDULE WAS ADOPTEDt' CATEGORY.I CAPE CANAVERAL COMMUNITY SERVICE AND RECREATION DEPARTMENT SPONSORED GROUPS (i.e. .LITTLE LEAGUE, SOCCER LEAGUE,'. TENNIS,' SHUFFLEBOARD AND SOFT- BALL ASSOCIATIONS) NO CHARGE CATEGORY IICAPE CANAVERAL NON-PROFIT ORGANIZATIONS GROUPS AND CLUBS. '$7.50 + TAX, PER HOUR. MINIMUM FEE $15.00 + TAX.' JANITORIAL,FEE, 'IF, NEEDED.. CATEGORY III ALL OTHERS, $15.00+ TAX, PER HOUR.' MINIMUM FEE $30.00 +TAX, JANITORIAL.. FEE, IF NEEDED. ITEM 9. DISCUSSION RE%LIBRARY REFERENDUM NAIL -OUT MR, NICHOLAS SUGGESTED THE COUNCIL HAVE A BROCHURE. PRINTED, AND HAND DISTRIBUTED EXPLAINING THE LIBRARY REFERENDUM QUESTION WHICH WILL BE ON THE BALLOT IN NOVEMBER. DISCUSSION FOLLOWED.. ' IT WAS SUGGESTED THAT INSTEAD OF BROCHURES, FLYERS BE DISTRIBUTED WITH THE NEWSPAPERS,' THE STAFF WILL RESEARCH THE ISSUE AND REPORT BACK TO COUNCIL. MR. NICHOLAS MOVED To ROLD A SPECIAL MEETING AT 5:00 P.M. ON OCTOBER 24TH FOR THE PURPOSE OF AUTHORIZING FUNDS FOR THE LIBRARY REFERENDUM MAIL: OUT, MR, MARCHETTI SECONDED NOTION. MOTION CARRIED UNANIMOUSLY.' CITY COUNCIL R93U AR MEETING OCR3BER 15, 1985 PAGE 5 OF 6 MICROFILMED AUG 87 DISCUSSION CITY MANAGER F. NUTT INFORMED COUNCIL THAT ATTORNEY STEVENS HAD ADVISED HIM THAT THE DECLARATORY JUDGMENT ON THE LEGALITY OF THE PETITION SUBMITTED BY THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT FRIENDS WOULD BE HEARD BY JUDGE JOHNSON ON OCTOBER 17 , 1985 , AND THE CITY CAN EXPECT A DECISION IN A WEEK TO TEN DAYS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 10: 35 P.M. APPROVED THIS 5th DAY OF November , 1985 . kb,l4e /A4t.eQ M yor ATTEST l'"77 PAL ty Clerk CITY COUNCIL REGULAR MEETING OCTOBER 15, 1985 PAGE 6_OF 6 _ DISCUSSION CITY MANAGER F. NUTT INFORMED COUNCIL THAT ATTORNEY STEVENS HAD ADVISED HIM THAT .THE DECLARATORY JUDGMENT ON THE LEGALITY OF THE PETITION SUBMITTED BY THE CAPE. CANAVERAL VOLUNTEER FIRE DEPARTMENT FRIENDS WOULD BE HEARD BY JUDGE. JOHNSON ON OCTOBER 17, 1985, AND THE CITY CAN EXPECT A_DECISION INA WEEK TO TEN DAYS. THERE BEING NO FURTHER BUSINESS. THE MEETING WAS ADJOURNED AT 10:35 P.M. APPROVED THIS 5th DAY. OF Noy",r , 1985. `yor ATTEST: �y C er CITY COUNCIL RDM AR MEETI*,C OCA)UER 15, 1985 PArT 6 OF b