HomeMy WebLinkAboutMinutes 11-05-1985CITY COUNCIL
REGULAR MEETING
NOVEMBER 5, 1985
A REGULAR MEETING OF THE CITY' COUNCIL' OF, THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON NOVEMBER 5, 1985, AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL', FLORIDA.
THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR WAYNE
RUTHERFORD. INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY
MAYOR RUTHERFORD.
THE. ROLL WAS CALLED BY THE CITY CLERK'S SECRETARY 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. THERIAC
AND DEPUTY, CITY ATTORNEY S, STEVENS. CITY CLERK J. LESSER WAS
NOT IN ATTENDANCE.
MR. MARCHETTI MOVED TO APPROVE THE .MINUTES OF THE REGULAR
MEETING OF OCTOBER 15, 1985 AND THESPECIAL MEETING OF OCTOBER 21,
1985. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM I. ORDINANCE NO. 45-85 AMENDING CHAPTER 733 'ALCOHOLIC
BEVERAGE SA REGULATIONS BY CHANGING BAR CLOSING
'HOURS S COND READING 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 1733.03 BY CHANGING THE. HOURS OF
OPERATIONI REPEALING ALL PORTIONS OF THE CODE
IN .CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.,
'MR. FISCHETTI MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
' MOTION. VOTE ON THE., MOTION WAS UNANIMOUS. ORDINANCENO. 95-85
WAS ADOPTED. _
NEW BUSINESS
ITEM 1.. RESOLUTION NO. 85-61 AMENDING LAND USE ELEMENT OF
COMpREHEN6IVE PLAN PUBLIC HEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
A RESOLUTION ADOPTING AMENDMENTS OF THE
LAND USE ELEMENT OF. THE COMPREHENSIVE
PLAN OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE,
CITY OXNCIL RDa=M MING
N7406M 5... 1985
PAGE 1 OF 4
.4i,YOR RUTHERFORD MOVED FOR ADOPTION. MR.'MARCHETTI SECONDLI,
'I7TI0'7.
LAMAR RUSSELL, CHAIRMAN OF THE LOCAL PLANNING AGENCY, ADDRESSED
COUNCIL AND EXPLAINED. THAT. THE BOARD AT FIRST DISCUSSED THE
POSSIBILITY OF CHANGING. PART OF THE AREA TO BE RECLASSIFIED TO
GREENBELT BUT UPON FURTHER STUDY DECIDED THEY WERE REALLY DISCUSS-
INGA 50 FOOT REGULATED GREEN SETBACK AREA.
CITY MANAGER NUTT EXPLAINED THAT ADOPTION OF THIS RESOLUTION
WOULD ONLY CHANGE THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN.
THE REGULATED GREENBELT AREA COULD BE ADDRESSED DURING THE PUBLIC
HEARINGS WHICH WILL'. BE, REQUIRED DURING. THE REZONING PROCESS.'.
MR. GEORGE FIRKINS, OWNER OF THE PROPERTY. WHICH WOULD BE
RECLASSIFIED, ADDRESSED COUNCIL AND ASSURED THEM HE WOULD'
MAINTAIN THE 50 FOOT SETBACK IN ANY MANNER. THE CITY DESIRED.
DISCUSSION FOLLOWED. `.
VOTE ON THE MOTION WAS UNANIMOUS;. RESOLUTION N0.: 65-61
WAS ADOPTED...
DEPUTY CITY ATTORNEY SHELDON STEVENS ARRIVED AT THE MEETING
AT THIS TIME.
ITEM 2 RESOLUTION N0.85-62 AGREEMENT'WITH BREVARD COUNTY
FOR DISPATCH SER ICES ANDFIRE PROTECTION
MAYOR RUTHERFORD READ THETITLE OF THE RESOLUTION AS FOLLOWS:
A'RESOLUTION AUTHORIZING THE MAYOR AND THE CITY
CLERK TO ENTER
WITHTHE BREVARDNCOUNTY BOARD OF COUNTY
A FIRE PROTECTION G�EMENT
COMMISSIONER5.1 PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD.MOVED TO APPROVE THE RESOLUTION.., MR.
WINCHESTER SECONDED MOTION.
MAYOR RUTHERFORD EXPLAINED THAT THE CITY AND THE COUNTY HAVE HAD
AN AGREEMENT FOR SEVERAL YEARS. CITY MANAGER NUTT NOTED THAT THIS
AGREEMENT WAS RE-DRAFTED BY THE COUNTY TO CLARIFY THE SITUATION OF
RESCUE DISPATCH NORTH OF THE, CITY,.. DISCUSSION CONTINUED.
VOTE ON THE NOTION WAS UNANIMOUS- RESOLUTION N0. 85-62 WAS
ADOPTED.
ITEM 3. RESOLUTION NO. 85-63 PLAT APPROVAL 3-UNIT
TOWNHOUSE BY-TH -SEA LOT AND EAST.
HALF OF I.OT BFACK AVON BY THE BEA II.00ATED
BLOCK OF S FERSON AVENUE) - KEVIN MAGUIRE
CITY WINCH. REGULAR MEETING
Nx'i BEFt 5, 1985
PAGE 2 OF 4
MR. MARCHETTI MOVED FOR ADOPTION. MR. FISCHETTI SECONDED
MOTION,
VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 85-63
WAS APPROVED.
ITEM A. RESOLUTION ND. 85-60 AGAEEMENTWITH FLORIDA
POWEA AND LICHT'POR SE OF PO F CH ISTMAS
CORA ION
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENTS
WITH FLORIDA POWER AND LIGHT COMPANY FOR
USE OF UTILITY POLES FOR CHRISTMAS DECORATIONS$
PROVIDING.AN EFFECTIVE DATE.
MR. 'FISCHETTI MOVED FOR ADOPTION.. MR. MARCHETTI SECONDED
MOTION.
VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 85-64 WAS
ADOPTED.
ITEM 5. MOTION REi' _VEST FOR SEWER IMPACT FPS REFUND -
INCA GAIN
MAYOR RUTHERFORD MOVED TO REIMBURSE INGA BAIN $8,415.00
FOR SEWER,IMPACT FEES PAID;. MR. WINCHESTER SECONDED MOTION..
VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 6.MOTION RE$ SETTING SPECIAL MEETING TO CERTIFY.
ELECTION RE ULTfi'.
MAYOR RUTHERFORD MOVED TO SET THE SPECIAL MEETING FOR
THURSDAY, NOVEMBER 7,X985 AT 7:30 P.M. MR, NICHOLAS SECONDED
MOTION.
VOTE ON THE MOTION WAS.UNANIMOUS,;.
ITEM 7. MOTION RE: CANCELLING WORKSHOP MEETING OF NOVEMBER
TH THANKSGIVING AND COMBINING ITi[_REGULAR
; MEET G' O D EMBER
MR. FISCHETTI SO MOVED. ;MR. MARCHETTI' SECONDED MOTION:.
VOTE ON THE MOTION WAS UNANIMOUS.
DISCUSSION
CITY MANAGER NUTT REMINDED EVERYONE OF THE BREVARD LEAGUE
MEETING TO BE HELD ON NOVEMBER 11. 1985.
MR. WINCHESTER QUESTIONED THE CITY'S PIKE PROTECTION STATUS
UNTIL THE RESULTS OF THE ELECTION ARE IN AND. CERTIFIED.
CITY COUNCIL Rfi mm MEECiNG..
NO eem 5, 1985
PAGE 3 OF 4;
MICROFILMED AUG 87
RECESS WAS CALLED AT 8 : 20 P.M. THE MEETING WAS RECONVENED
AT 8 : 40 P.M. WHEN THE RESULTS OF THE ELECTION WAS RECEIVED.
DEPUTY ATTORNEY STEVENS EXPLAINED THAT BECAUSE OF THE PASSAGE
OF THE ORDINANCE REGARDING FIRE SERVICES BY THE ELECTORS OF THE
CITY AT THE GENERAL ELECTION, IT WAS HIS OPINION THE CITY WAS
WITHOUT FIRE PROTECTION SERVICES . HE FURTHER ADVISED THAT THE
CITY CHARTER GIVES THE COUNCIL THE RIGHT TO PROVIDE EMERGENCY
POWERS AND THE POWER TO ENACT AN EMERGENCY ORDINANCE.
MAYOR RUTHERFORD MOVED TO ADD THE FOLLOWING ITEM TO THE
AGENDA. MR. MARCHETTI SECONDED THE MOTION. MOTION CARRIED
{
UNANIMOUSLY.
ADD-ON ITEM: EMERGENCY ORDINANCE TO PROVIDE EMERGENCY
FIRE PROTECTION SERVICES
CITY ATTORNEY THERIAC READ THE ENTIRE ORDINANCE. MAYOR
RUTHERFORD MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION.
MAYOR RUTHERFORD EXPLAINED THAT THE EMERGENCY ORDINANCE
WOULD CONTINUE TO PROVIDE SERVICES WITH THE PAID AND AUXILIARY
FIREMEN UNTIL A CONTRACT IS NEGOTIATED WITH THE CAPE CANAVERAL
VOLUNTEER FIRE DEPARTMENT, INC . . DISCUSSION FOLLOWED ON THE
STEPS TO FOLLOW IN ORDER TO NEGOTIATE A CONTRACT. FURTHER
DISCUSSION WAS HELD ON THE CONSTITUTIONALITY OF THE ISSUE. IT
WAS SUGGESTED A SPECIAL WORKSHOP MEETING BE HELD AS SOON AS
POSSIBLE TO DISCUSS THE CONTRACT NEGOTIATIONS.
VOTE ON THE MOTION WAS UNANIMOUS . THE EMERGENCY ORDINANCE
WAS ADOPTED.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 9: 25P.M.
APPROVED THIS 19th DAY OF November , 1985 .
�
Mayor
ATTEST:
ty Clerk
(These minutes were transcribed by Barbara Cascella,
Secretary to the City Clerk)
CITY COUNCIL REGULAR MEETING
NOVEMBER 5, 1985
PAGE 4 OF 4
RECESS .WAS CALLED AT Bi20 P.M. .THE MEETING WAS RECONVENED
;C 8%40 P.M. WHEN THE RESULTS OF THE. ELECTION WAS RECEIVED.
DEPUTY ATTORNEY STEVENS EXPLAINED THAT BECAUSE OF THE. PASSAGE
OF THE ORDINANCE REGARDING FIRE SERVICES BY THE ELECTORS OF THE
CITY AT THE GENERAL ELECTION, IT WAS HIS OPINION THE CITY WAS
WITHOUT FIRE PROTECTION SERVICES. HE FURTHER ADVISED. THAT THE
CITY CHARTER GIVES, THE COUNCIL THE RIGHT To PROVIDE EMERGENCY
POWERS AND THE POWER TO .ENACT AN. EMERGENCY ORDINANCE.
MAYOR RUTHERFORD MOVED TO ADD THE FOLLOWING ITEM TO THE
AGENDA. MR.MARCHETTI SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY
ADD-ON ITEM:, EMERGENCY ORDINANCE TO PROVIDE EMERGENCY
FIRE PROTECTION SERVICES
CITY ATTORNEY THERIAC. READ THE ENTIRE ORDINANCE. MAYOR
RUTHERFORD MOVED FOR ADOPTION.'. MR. 14ARCHMI SECONDED MOTION.
MAYOR RUTHERFORD EXPLAINED THAT THE EMERGENCY ORDINANCE
WOULD CONTINUE TO PROVIDE SERVICES WITH THE PAID AND AUXILIARY
FIREMEN UNTIL CONTRACT IS NEGOTIATED WITH THE CAPE CANAVERAL
VOLUNTEER FIRE DEPARTMENT, INC.. DISCUSSION FOLLOWED ON THE
STEPS TO FOLLOW, IN ORDER TO NEGOTIATE A CONTRACT. FURTHER
DISCUSSION WAS HELD ON THE CONSTITUTIONALITY OF THE ISSUE. IT.
WAS .SUGGESTED A SPECIAL WORKSHOP MEETING BE HELD AS SOON AS
POSSIBLE TO DISCUSS THE CONTRACT NEGOTIATIONS.
VOTE ON THE MOTION WAS UNANIMOUS. THE EMERGENCY ORDINANCE
WAS ADOPTED.
THERE BEING NO FURTHER BUSINESS., THE MEETING WAS ADJOURNED
AT 9i25P.M..
APPROVED THIS 19th _.pAy OF November ,..1985.
Mayor
ATTEST i1
�� c te'r` ci�`�—
(These minutes were transcribed by Barbara CaaCella,
Secretary to the City Clerk)
CITY COUNCIL REGULAR MEETING
NOVEMBER 5, 1985
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