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HomeMy WebLinkAboutMinutes 11-19-1985CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1985 i, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF. CAPE ANAVERAL, FLORIDA, WAS HELD. ON NOVEMBER 19, 1985, AT CITY HALL, Iris POLK AVENUE, CAPE CANAVERAL, FLORIDA. TUE MEETING WAS CALLED TO ORDER AT 7s30 P.M. BY MAYOR WAYNE RUTHERFORD. INVOCATION AND PLEDGE OF ALLEGIANCEWERE LED BY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT -xRE MAYOR W. RUTHERPORD. MAYOR PRO TEN J. WINCHESTER. COUNCIL !%MBERS J. FISCHETTI, M. MARCHETTI, AND L. NICHOLAS. ALSO. PRESENT WERE CITY MANAGER F. NUTT, CITY ATTORNEY J.THERIAC AND CITY CLERK J . LEE,SER. MR.FISCHETTI MOVED TO; APPROVE THE MINUTES OF THE REGULAR 'f !:ETING OF ,NOVEMBER, 5, 1985:AND THE, SPECIAL MEETING OF NOVEMBER 1985.. MR. WINCHESTERI SECONDED MOTION, MOTION CARRIED UNANIMOUSLY. AT THIS TIME, MAYOR PRO TEM. WINCHESTER PRESENTED A PLAQUE TO MAYOR RUTHERFORD AND READ THE. ENGRAVING ALOUD WHICH EXPRESSED THE CITY'S APPRECIATION FOR HIS YEARS OF SERVICE AS MAYOR. NEW BUSINESS ITEM 1. OATH OF OFFICE - CITY CLERK J. LESSER ISSUED THE 'OATH OF OFFICE TO MAYOR PATRICK LEE .AND MAYOR LEE THEN ASSUMED NIS CHAIR. ITEM 2. ORDINANCE N0,46-85pMENDING ZONING REGULATIONS EC. RN ..l. ES A SA GR£ EL AREA F T ING A CRING) CITY MANAGER P. NUTT EXPLAINED THAT THIS ORDINANCE WOULD ESTABLISH GREENBELT SETBACK REGULATION$. HE FURTHER NOTED THAT THE PLANNING AND ZONING BOARD .HAD POSTPONED THIS ITEM, SO THEY HAVE NOT MADE A' RECOMMENDATION TO COUNCIL. CITY ATTORNEY THERIAC, POINTED OUT THAT AN AGREEMENT BETWEEN THE CITY AND CEVESCO, ESTABLISHING A 504 WIDE NATURAL BUFFER ON THE EAST SIDE OF THEIR PROPERTY HAS BEEN DRAFTED.' HE FURTHER NOTED. THAT HE WOULD NOT. ADVISE COUNCIL TO APPROVE THE AGREEMENT PRIOR TD THE REZONING BEING APPROVED. DISCUSSION FOLLOWED. CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1985 PAGE 1 OF 6 MR. NICHOLAS, MOVED TO POSTPONE ORDINANCE NO. 46-85 UNTIL THE NEXT REGULAR MEETING. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED. UNANIMOUSLY. ITEM 3. ORDINANCE NO. 47-85 AMENDING ZONING ORDINANCE ANGING ZONING Ulbwnlw -CU-91f FICA IO OM R- TO - EAST 936 FEE OF TRA EC TWP 8 AGE E, LOCA 0 0 A A. EAR O TIE C TY L I SATESTABLISH ING 'A—D-AVE FOR U L EAR FI READING.AiRru P It-BGi E R"196T IT. WAS POINTED OUT. EY CITY ATTORNEY THERIACTHAT THE STATE STATUTE. SPECIFIES PUBLIC NOTICE MUST BE GIVEN '30 DAYS IN .ADVANCE TO TUE PROPERTY OWNER. CITY CLERK LEESER NOTED THAT THERE ARE NOTICE REQUIREMENTS IN THE CITY ZONINGORDINANCE THAT ALSO MUST BE ADHERED TO, AND SHE SUGGESTED FIRST HEARING BE HELD ON DECEMBER 17TH, WITH SECOND HEARING ON JANUARY 7, 1986. DISCUSSION FOLLOWED. MR. NICHOLAS MOVED TO POSTPONE THIS ITEM UNTIL THE REGULAR MEETING ON DECEMBER 17. MR. WINCHESTER SECONDED MOTION. MOTION ,CARRIED UNANIMOUSLY. CITY ATTORNEY THERIAC REQUESTED COUNCIL CONSIDER AN ADD- ON ITEM TO DIRECT TUE CLERK TO NOTICE THE PROPERTY OWNER OF THE PUBLIC HEARING DATES. ITEM 4. RESOLUTION NO. 85-66 ELECTING 14AYOR PRO TEM MAYOR LEE READ THE. TITLE'OF THE ORDINANCE AS FOLLOWS: A RESOLUTION ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL, MDRIDAI PROVIDING AN EFFECTIVE DATE..', MR. FISCHETTI MOVED TO APPOINT MR. WINCHESTER AS MAYOR e PRO TEM... MR. MARCHETTI SECONDED MOTION. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 5. RESOLUTION NO. 85-67 DESIGNATING COUNCIL AREAS' OF INTERUbW.. MAYOR 'LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWSI A RESOLUTION DESIGNATING AREAS OF'PRIMARY INTEREST OF'INDIVIDUAL COUNCIL MEMBERSI, PROVIDING AN EFFECTIVE DATE - CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1985 PAGE 2 OF 6 MR. NICHOLAS MOVED TO HAVE THE SAME AREAS OF INTERESTS AS LAST YEAR, INSERTING MAYOR LEE'S NAME IN SECTION 4. NR. WINCHESTER SECONDED MOTION. MR. FISCHETTI INDICATED AN INTEREST IN SECTION 4' AS HIS AREA OF ,INTEREST. DISCUSSION FOLLOWED. MR. NICHOLAS MOVED TO AMEND BY DELETING "FIRE" FROM SECTION 4 AND ADDING IT TO SECTION 5. MR. MARCHETTI SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION WAS UNANIMOUS. RESOLUTION NO. 85-67, AS AMENDED, WAS ADOPTED. ITEM 6. RESOLUTION NO. 85-68 VACATING FIVE `FOOT UTILITY EASEMENT. BLOCK 57, A ON -BY -THE 'SEA LATS J ANL) 4 OF TIERRA DE MAR LOCATEDA ORANGE AVENUE - PETITIONER IS CLIFF RAY OWNER (PUBLIC HEARING MAYOR LEE READ THE. TITLE OF THE RESOLUTION AS .FOLLOWS: A RESOLUTION VACATING THE FIVE-FOOTUTILITY EASEMENT, BLOCK 57, AVON -BY -THE -SEA, LOTS 3 AND 4 O TIERRA DE MARIA, WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; DEDICATION TO THE CITY OF CAPE CANAVERAL, FLORIDA? - PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION,. MR. FISCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS, RESOLUTION NO. 85-68 WAS ADOPTED.. ITEM 7. MOTION REt VENDOR'S LICENSE D&L OF BREVARD, INC BA LMA 'CATERING SERVICE- AVID AN A & 00 MR. NICHOLAS MOVED TO ,GRANT A. VENDOR'S. LICENSE, TO DAVID AND LINDA SCHOON FOR. WILMA'S CATERING SERVICE.. MR MARCHETTI SECONDED MOTION. DISCUSSION POLI -OWED. CITY CLERK J. LEESER POINTED OUT THE APPLICANT HAD SUBMITTED PROOF OF INSURANCE. VOTE ON THE MOTION WAS AS FOLLOWS,& IN 'FAVOR, MR. FISCHETTI, MAYOR LEE, MR. MARCHETTI. AND MR. NICHOLAS; OPPOSED., MR. WINCHESTER. MOTION CARRIED. ITEM 8., DISCUSSION REt' AGREEMENT WITH CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC, CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1985 PAGE 3 OF 6 MAYOR LEE OPENED THE DISCUSSION BY, EXPLAINING THE CITY k! D. PRESENTED A PROPOSED AGREEMENT TO THE VOLUNTEERS AND THE VOLUNTEERS HAD SUBMITTED A COUNTER -AGREEMENT TO THE CITY P'_�R CONSIDERATION. MR. 14ARCHETTI EXPLAINED HE WISHED TO. HAVE THE FOLLOWING AREAS, ADDRESSED MORE SPECIFICALLY IN THE CONTRACTI. CERTIFICATION, ;.f.RFORMANCE, BUDGET, NON-PERFORMANCE AND ADMINISTRATION. 'ISCUSSION FOLLOWED. MAYOR LEE MOVED TO ADD THE BELOW ITEM To THE AGENDA.' PR. I4ICH0LAS 'SECONDEDMOTION.' VOTE ON THE MOTION. WAS AS :'OLLOWSI IN:FAVOR, MR. FISCHETTI,. MAYOR. LEE, MR, NICHOLAS F:':D MR. WINCHESTERI OPPOSED, MR. MARCHETTI. MOTION CARRIED. ADD -ON -ITEM., DISCUSSION TO CONSIDER TERMS IN CONTRACT PROPOSED BY THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT MAYOR LEE READ THE PROPOSED CONTRACT IN FULL, A COPY OF WHICH IS ATTACHED HERETO AND MADE �A PART HEREOF, DISCUSSION FOLLOWED ON SECTION 6 WHICH SPECIFIED THE VOLUNTEER FIRE DEPARTMENT WOULD HIRE THREE. PARAMEDICS, MR. CHUCK STENGLEIN AND MRS. ANN THURM SPOKE AGAINST THE VOLUNTEERS HAVING THEIR OWN PARAMEDICS. MAYOR LEE POINTED OUT THAT PROVIDING MEDICAL SERVICES WAS NOT 'A PART OF FIREFIGHTING SERVICE, AND SUGGESTED THE CITY 'HIRE THEIR .OWN PARAMEDICS.: SEVERAL 'MEMBERS OF THE AUDIENCE OFFERED COMMENTS ON THE PROPOSED CONTRACT. DISCUSSION WAS HELD ON APPOINTING NEGOTIATING TEAM TO ' [BEET WITH; THE VOLUNTEERS. MR.. NICHOLAS MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA. MAYOR LEE SECONDED MOTION. 'MO'T'ION CARRIED UNANIMOUSLY.. CITY COUNCIL REGULAR MEETING NOVEMBER 19,'1985 PAGE 4 OF.6 ADD-ON-ITEM.MOTION DESIGNATING THE CITY MANAGER AND CIT TTORNEY'AS THE C TY 5 EGOTIATINC TEAM E T I HI G NOVEMBER T THE EA L R P FROM COUNCIL MEt SERSI R AT W TH AEPRE E A IVB OF E L EE b­Ep_ja(TME_N_Tj PLACING PROP05EDUuxwmC- ON ' AGENDA FUR DECEMBER MR. NICHOLAS SO MOVED. MAYOR LEE SECONDED. MOTION. DISCUSSION FOLLOWED.' MOTION CARRIED UNANIMOUSLY.- MAYOR LEE MOVED TO ADD THE FOLLOWING ITEM TO THE 'AGENDA. MR. NICHOLAS SECONDED MOTION. MOTION. CARRIED. UNANIMOUSLY. ADD -ON -ITEM. DISCUSSION REs PAYMENT OF BACK DUE WAGES VO FO RCI FIREFIGHTER, LA Y KROPP MAYOR LEE EXPLAINED THAT HE WANTED THIS .ITEM ADDED TO' THE AGENDA BECAUSE HE FELT. THE CITY OWED MR., KROPP BACK DUE WAGES CITY MANAGER NUTT EXPLAINED THAT MR. KROPP HAI) APPROACHED HIM REGARDING PAYMENT OF THE BACK DUE WAGES AND OVERTIME COMPENSATION. MR. NUTT FURTHER NOTED THAT HE HAD DISCUSSED THE SITUATION WITH CITY ATTORNEY:THERIAC AND HAD ALSO SPOKEN WITH MA. KROPP SEVERAL TIMES. MR. KROPP WAS IN ATTENDANCE AND ADDRESSED COUNCIL ON THE ISSUE. CITY ATTORNEY THERIAC., EXPLAINED THAT THERE WAS SOME CONFUSION BECAUSE OF A RECENT RULING ON THE LAW 'REQUIRING MUNICIPALITIES TO PAY FOR OVERTIME WORKED RATHER THAN ALLOW COMPENSATORY TIME. SINCE HE HAD NOT SEEN A COPY OF THE BILL, HE COULD HOT ADVISE COUNCIL: ON THE NECESSITY, FOR COMPENSATING MR. KROPP FOR. OVERTIME WORKED. MAYOR LEE MOVED TO COMPENSATE MR. KROPP AT STRAIGHT TIME RATE FOR ANY TIME WORKED FOR THE CITY. MR. WINCHESTER. SECONDED MOTION. MOTION CARRIED UNANIMOUSLY} MR. WINCHESTER MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA.: MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1985 PAGE 5 OF 6 MICROFILMED AUG 87 ADD-ON-ITEM. MOTION DIRECTING THE CITY CLERK TO NOTIFY THE PROPERTY OWNER OF THE PUBLIC HEARING DATES REGARDING THE REZONING MR. WINCHESTER SO MOVED. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION CITY MANAGER NUTT NOTED THAT THE BEAUTIFICATION BOARD CHAIRMAN, GERALDINE MC GRAW, HAD CALLED HIM AND DISCUSSED THE POSSIBILITY OF THE BOARD HOLDING NIGHT MEETINGS IN ORDER TO RECEIVE MORE CITIZEN INPUT. MR. NUTT EXPLAINED IT WAS A PROBLEM IF THE MEETINGS ARE HELD AT CITY HALL BECAUSE A STAFF MEMBER WOULD HAVE TO BE PRESENT TO ALLOW ACCESS TO THE BUILDING. HE ASKED COUNCIL WHAT THEIR FEELINGS WERE REGARDING THE BEAUTIFICATION BOARD HOLDING EVENING MEETINGS AT THE RECREATION COMPLEX. THE CONSENSUS OF COUNCIL WAS THAT IT WOULD BE A GOOD ALTERNATIVE, SINCE THE COMPLEX IS OPEN EVERY NIGHT UNTIL 10 :00 P.M. MR. NICHOLAS REMINDED COUNCIL THAT THE BREVARD LEAGUE OF CITIES CHRISTMAS EXCHANGE WOULD BE HELD THE SECOND MONDAY IN DECEMBER. HE FURTHER REQUESTED AN ITEM BE PLACED ON THE NEXT AGENDA REGARDING APPOINTING A VOTING DELEGATE TO THE LEAGUE. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9 :30 P.M. APPROVED THIS 3rd DAY OF December , 1985 . 4 \Pa, t 1) !"&„,„ °• Mayor ATTEST: ty Cler CITY COUNCIL REGULAR MEETING NOVEMBER 19 , 1985 PAGE 6 OF 6 ADD-ON-ITEM.MOTION' DIRECTIHG THE CITY RLE RK 0 I T!E PROPERT OWNER OF. HE PUBLIC HEARING VATLb KE U--'- T RE O I G MR. WINCHESTER SO MOVED- 'MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY,.. DISCUSSION CITY MANAGER NUTT NOTED THAT THE BEAUTIFICATION BOARD CHAIRMAN, GERALDINE MC GRAN, HAD CALLED HIM AND DISCUSSED THE POSSIBILITY OF THE BOARD HOLDING NIGHT MEETINGS IN ORDER TO RECEIVE MORE CITIZEN INPUT. MR. NUTT. EXPLAINED IT WAS A PROBLEM 1F THE MEETINGS ARE HELD AT CITY, HALL BECAUSE.A STAFF MEMBER WOULD HAVE,TO BE PRESENT'TO, ALLOW ACCESS TO ITHE BUILDING. HE ASKED COUNCIL WHAT THEIR FEELINGS WERE REGARDING THE BEAUTIFICATION BOARD HOLDING EVENING MEETINGS AT THE RECREATION COMPLEX- THE CONSENSUS OF COUNCIL WAS THAT IT WOULD BE'AGOOD ALTERNATIVE, SINCE THE COMPLEX IS 'OPEN EVERY NIGHT UNTIL 10;00 P.M. MR.. NICHOLAS REMINDED: COUNCIL THAT THE BREVARD LEAGUE OF CITIES CHRISTMAS EXCHANGE WOULD BE HELD THE SECOND MONDAY IN DECEMBER. HE FURTHER REQUESTED AN ITEM BE PLACED ON. THE NEXT AGENDA REGARDING APPOINTING A VOTING DELEGATE TO THE LEAGUE. THERE BEING NO FURTHER BUSINESS. THE MEETING WAS ADJOURNED AT 9430 P.M. APPROVED THIS 3rd DAY OF December , 1985' Y ' ATTEST; CY er ..CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1885 'PAGE 6 OF 6 CONTRACT FOR SERVICES THIS AGREEMENT entered into this _ day of 1985,by and between the CITY OF CAPE CANAVERAL, Florida, here- inafter called the City, and .the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation, hereinafter called Corporation. WITNESSETH! WHEREASO the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fire protections WHEREAS, the electors of the City of Cape Canaveral by majority vote have directed the Mayor and City Council to utilise the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection servicesl NOW, THEREFORE, in consideration of the agreement. herein- after act forth and in further consideration of the payments hereinafter set forth, the parties hereto agree as follows 1. The Corporation agrees to provide adequate emergency fire protection service within the City of Cape Canaveral, Florida.' 2. The Corporation agrees to comply ,with any mutual aid pact or similar agreement entered into by the City providing for emergency fire protection services outside of the municipal boundaries of the City, l.' The Corporation agrees to respond to any other emer- gency situation when ordered to'do so by the Fire Chief, or the City Manager of CapeCanaveral, or their duly appointeddesignees. 4. The Corporation agrees to comply with.all orders of the Fire Chief of Cape Canaveral relating to the providing of the services referred to heroin. 5.. The Corporation, agrees to require its Members to attend fire drills and ,training sessions as required by the State of Florida for volunteer fire fighters. Attad—t to City Council Minutes Nmenber 19, 1985 Page 1 of 4 6. The Corporation agrees to employ three paramedic trained personnel to respond to medical emergencies. The Corporation further agrees to endeavor to have said paramedics certified, in Advanced Cardiac Life Support. 7. The Corporation, agrees to maintain attendance and training records and to allow the inspection of such records by the City upon reasonable notice to the Corporation. S. The Corporation agrees to attempt to maintain at all, times a minimum active membership of twenty (20) trained fire fighters. Trained fire fighter shall mean possession of state certificationas a volunteer fire fighter. In the event, the Corporation shall employ full-time' personnel, such personnel shall comply with the requirements of the Florida Fire College Bureau of Training and Standards for fire fighters, The corporation shall immediately notify the City Manager, in writing, should said 'membership ,fall below twenty (20). In the event active membership falls below fifteen (15) members, either party shall have the right to,terminate this agreement upon thirty (30) days written notice to the other party. 9. The Corporation shall provide the City with the., specified level of service and all support services incident theretos a) There shall be two trained fire fighters on duty to respond to calls from the fire station. b) As a standard of performance, fire fighters shall respond to 95t of all calls within the City's corporate limits within three (3) minutes after a call has been dispatched. c) The Corporation shall provide to the City Manager a report of activity for each month. In addition, the Corporation shall provide to the City' Manager' such other infor- mation as he or the City Council, from time to time, may request. 10. The City shall provide fire fighting equipment to the Corporation which shall be used exclusively within, the confines of the Corporate City Limits of Cape Canaveral or in carrying Attachment to City Council Muwtcs Nmmd)er 19, 1985 Page 2 of 4 out the directions of the Fire Chief or City Manager, or in mutual aid. The Corporation shall have authority over the day to day, use and control of said equipment in 'carrying out its duties under this agreement. The City Manager shall be the custodian of all 'City -owned fire 'fighting equipment. 11. All personnel used by the corporation in the performance of this agreement shall be members of the Cape Canaveral volunteer Fire Department, Inc, 12. The Corporation agrees to provide public liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of duties by members of the Corporation and support personnel covered by the agreement. .Costs of such insurance described above will be part of the funds provided by the City. The City will provide automobile liability insurance for bodily injury and property damage for. equipment supplied by the City. The City will provide for its own fire, storm, and property damage insurance an any buildings owned by the City. Each, 'Corporation and City, will provide the other with a copy of each insuring agreement mentioned here. 13. The City agrees that in return for the services specified herein, it will pay the Corporation the sum of. annually,, payable as follows, the sum of per, calendar quarter, commencing on, the day of and continuing In addition, the City 'agrees to reevaluate and review on an annual basis the rate of compensation payable to the, Corporation. 14. In the event the active membership, of the Corporation falls below fifteen (15) trained fire fighters, the payment to the Corporation shall be reduced by One Hundred Dollars (5100) per month per fire fighter less than fifteen. 15. This contract may be terminated, or any terms thereof modified, altered, or amended at any time by mutual agreement of the parties hereto. Attach mnt to city Council Minutes November 19, 1985 Page 3 of 4 16. The term of this contract shall be for a period of years, commencing the and is 17. in the event either party defaults in the performance of any obligations under this contract, and said default continues for a period of thirty (30) days after written notice of such default, this contract may be cancelled at the option of the other party. No delay in enforcing any right hereunder shall be deemed a waiver of any rights the non -defaulting party may have in these premises, 18. Notice or other writing* required or permitted under this agreement shall be given to the Corporation at 190 Jackson Avenue, Cape Canaveral, Florida 32920; and to the City at 105 Polk Avenue, Post office Box 326, Caps Canaveral# Florida 32920. Attachment to City C==il Minutes *wgxbor 19, 1985 Page 4 of 4