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Home My WebLink AboutMinutes 01-21-1986CITY COUNCIL REGULAR MEETING JANUARY 21, 1986 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON JANUARY 2I, 1966, AT CITY HALL,' 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 700 P.M. By MAYOR LEE. INVOCATION. WAS LED, BY COUNCILMAN MARCHETTI,, WHICH WAS FOLLOWED BY 'r HE PLEDGE OF ALLEGIANCE. THE ROLL WAS. CALLED BY THE .CITY CLERK.. OFFICIALS PRESENT WERE MAYOR P. LEE, COUNCIL MEMBERS J. FISCHETTI, M. MARCHETTI AND 1.. NICHOLAS. ALSO PRESENT WERE CITY ;ATTORNEY J. THERIAC, CITY MANAGER P. NUTT AND CITY CLERK J. .LESSER. :MAYOR PRO TEM J. -a INCHESTER WAS ABSENT DUE TO WORK COMMITMENTS.: MR. NICHOLAS MOVED TO APPROVE .THE MINUTES OF THE REGULAR MEETING OF JANUARY 7, 1986. MR. MARCHETTI SECONDED MOTION, `MOTION CARRIED UNANIMOUSLY. PRESENTATION OF THE, VOLUNTEER OF THE MONTH AWARD WAS. DEFERRED UNTIL LATER IN THE MEETING. BECAUSE THE RECIPIENT HAD NOT ARRIVED AT THIS TIME., UNFINISHED BUSINESS ITEM 1.DISCUSSION RE$ EMT INSURANCES COVER AGE FOR VOLUNTEER RE I HTERS CITY MANAGER F. NUTT EXPLAINED THAT THE CITY HAD RECEIVED TWO QUOTES FOR THE EMT INSURAWCEI'ONE FROM THE PRIVATE MARKET. WITH AN ANNUAL PREMIUM OF 62,200 AND A QUOTE FROM THE FLORIDA MUNICIPAL SELF INSURERS PROGRAM, FOR ALL OF THE CITY'SCOMPREHEN- SIVE GENERAL LIABILITY, WITH AN ANNUAL, PREMIUM OF 89.900. Mk. ' NUTT RECOMMENDED THE CITY SECURE THE INSURANCE COVERAGE FROM THE FLORIDA MUNICIPAL SELF INSURERS PROGRAM.. DISCUSSION FOLLOWED. MR. NICHOLAS' MOVED THAT THE CITY SECURE THE LIABILITY INSURANCE THROUGH THE FLORIDA MUNICIPAL SELF INSURERS 'PROGRAM. MR. FISCHETTI SECONDED NOTION VOTE ON THE MOTION WAS UNANIMOUS. CITY QOU M REGULAR Ma%`ING JANUAIC 21. 1986 PACE 1 OF 4 ITEM 2. RESOLUTION NO. 85-71 RATIFYING CONTRACT WITH CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT. INC. (POSTPONED 1-2-86) MAYOR LEE READ THE TITLE OF THE RESOLUTION AS 'FOLLOWSt A RESOLUTION RATIFYIING THE CONTRACT BETWEEN THE CITY OF CAPE CANAVERAL .AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.) PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO ADOPT RESOLUTION. NO.. 85-71. ;MAYOR LEE SECONDED MOTION. MR. TOM DOLAN QUESTIONED MAYOR LEE ON HIS INVOLVEMENT AS A TRUSTEE FOR THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT AND SUGGESTED A POTENTIAL CONFLICT OF INTEREST ON THIS ITEM. MR, DOLAN FURTHER REQUESTED COUNCIL POSTPONE ADOPTION. OF THIS RESOLUTION IN, ORDER TO ALLOW THE CITY ATTORNEY TIME TO RESEARCH THE STATE STATUTES. MAYOR LEE DEFERRED THE QUESTION TO THE CITY ATTORNEY WHO INDICATED HE DID NOT SEE A PROBLEM WITH MAYOR LEE HOLDING THE POSITION OF TRUSTEE BUT ADVISED MAYOR LEE HE MAY WISH TO ABSTAIN FROM VOTING SINCE A QUESTION HAD BEEN, RAISED. DISCUSSION FOLLOWED. VOTE 014 THE MOTION WAS A6 POLLOWSt IN FAVOR, MR, FISCHETTI, MR. MARCHETTI AND MR, NICHOLAS. MAYOR LEE:ABSTAINED FROM VOTING. ITEM 3. RESOLUTION NO. 86-2 RE: NAMING CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT AS AGENT OF THE CITY FOR FIRE PROTECTION MAYOR LEE READ THE TITLE OF THE RESOLUTION. AS FOLLOWS: A RESOLUTION DESIGNATING THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. AS AN, AGENT OF THE;CITY FOR THE PURPOSE OF FIRE PROTEC- TION SERVICES: PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR, ADOPTION. MR. PISCHETTI SECONDED MOTION. IT WAS EXPLAINED THAT THIS RESOLUTIONWAS NECESSARY TO ' PROVIDE ,STATUTORY IMMUNITY TO THE .VOLUNTEER FIREFIGHTERS PURSUANT TO STATE STATUTES. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS AS FOLLOWSt IN FAVOR, MR. FISCHETTI, MR. MARCHETTI AND MR. NICHOLAS. MAYOR LEE ABSTAINEDFROM VOTING. PRESENTATION OF THE "VOLUNTEER -OF THE MONTH' AWARD AT THIS TIME, MAYOR LEE PRESENTED THE VOLUNTEER OF THE MONTH AWARD TO CHRIS BECK FOR HER SERVICE ON THE PLANNING AND ZONING BOARD AND LOCAL PLANNING AGENCY. CITY COUNCIL REGUTAR MIST= .L1NUM 21. 1986 PAGE 2 OF 4 NEW BUSINESS ITEM 1. ORDINANCE N0. 1-86 AMENDING ZONING REGULATIONS BY AME DING SEC. COASTAL. CONSTRUCTION ETBACK LINE BY EXEMPTING G CER AIN PROPER IES (P RST READING AND. PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS.FOLLOWSI. ANORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 635.25, -COASTAL CONSTRUCT - TION SETBACK AND CONTROL LINES-., BY EXEMPTING CERTAIN PROPERTIES) REPEALING ALL, PORTIONS OF THE CODE IN,CONFLICT HEREWITH;. PROVIDING AN '. EFFECTIVE DATE. 'MR. NICHOLAS MOVED TO APPROVE FIRST, READING.. MR. 14ARCHETTI SECONDED MOTION. MR.,LAMAR RUSSELL, CHAIRMAN OF THE PLANNING AND ZONING BOARD, GAVE.A BRIEF HISTORY Of THIS ORDINANCE. EXPLAINING THAT THE ORDINANCE AS PRESENTLY WRITTEN IS;CONTRAOICTORY. .HE FURTHER NOTED THAT. ADOPTION OF THIS ORDINANCE WOULD ELIMINATE THE VARIANCE REQUIREMENT POR THE OWNERS OF THE EXEMPT PROPERTY. VOTE ON THE NOTION WAS AS FOLLOWS$ IN FAVOR, MR', FISCHETTI, MR. NICHOLAS AND MR.. MARCHETTI. MAYOR LEE ABSTAINED BECAUSE OF OWNING PROPERTY IN THE AREA AFFFECTED. ORDINANCE NO. 1--86, WAS APPROVED FIRST READING. ITEM 2. ORDINANCE N0. 2��6 AMENDING CHAPTER 253 LIBRARY BOARD, BY CHANGING E GTN OF BOR MEMBERS ERMS (FIRST READING AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS1 AN ORDINANCE AMENDING CODE CHAPTER 253, "LIBRARY BOARD* BY AMENDING SECTION 253.02 BY CHANGING THE LENGTH OF TERM OF. BOARD MEMBERS; REPEALING ALL PORTIONS OF THS 'CODE IN CONFLICT, HEREWITHI PROVIDING AN EFPECTIVE. DATE. MR. NICHOLAS MOVED FOR APPROVAL OF FIRST READING.. NR. FISCHETTI 'SECONDED MOTION. IT WAS EXPLAINED THAT ADOPTION OF THIS ORDINANCE WOULD BRING THE LIBRARY BOARD MEMBERS TERMS IN LINE WITH THE OTHER BOARDS. VOTE ON THE MOTION WAS UNANIMOUS. -ORDINANCE NO. 2-06 WAS APPROVED FIRST READING. CITY OOUNCZ 103M MEETING XM -*ICC 21, 1986 PAGE'3 OF. MICROFILMED AUG 87 ITEM 3. RESOLUTION NO. 86-3 SUPPORTING THE ESTABLISHMENT OF A JAYCEE CHAPTER IN CAPE CANAVERAL MAYOR LEE EXPLAINED THAT THE JAYCEES HAD REQUESTED A PROCLAMATION, RATHER THAN A RESOLUTION, AND HE READ THE PROCLAMATION DECLARING JANUARY 19 THROUGH 25 AS JAYCEE WEEK. ITEM 4 . MOTION RE: ACCEPTANCE OF 1985 COMPREHENSIVE FINANCIAL REPORT MR. NICHOLAS MOVED TO ACCEPT THE ANNUAL AUDIT AND RECOMMENDATIONS AND TO DIRECT THE CITY STAFF TO IMPLEMENT THE RECOMMENDATIONS. MR. FISHCETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. NICHOLAS MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA. MAYOR LEE SECONDED MOTION. ADD-ON ITEM: MOTION RE: ACCEPTANCE OF RESIGNATION, WITH REGRETS, OF FIRE CHIEF ARTHUR RENFRO MR. NICHOLAS SO MOVED. MAYOR LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MR. NUTT EXPLAINED THAT THE CONTRACTOR ON CHANDLER STREET HAD AGREED TO THE CITY'S STIPULATIONS AND WOULD CONFIRM THE ARRANGEMENTS IN WRITING. MAYOR LEE REQUESTED THE FOLLOWING TWO ITEMS BE PLACED ON THE NEXT WORKSHOP AGENDA: THE COUNTY'S LIGHTING CONTROL ORDINANCE TO PROTECT THE SEA TURTLES AND NASA'S REQUEST FOR SUPPORT IN ' REQUESTING AN ALTERNATE ROUTE TO PLAYALINDA BEACH. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8: 10 P.M. APPROVED THIS 4th DAY OF February , 1986. If /Ye, ' YOR ATTEST: TY CLERK CITY COUNCIL REGULAR MEEETING JANUARY 21, 1986 PAGE 4 OF 4 ITEM 3. RESOLUTIONNO.' Bb -3 SUPPORTINGTHE ESTABLISHMENT OF A JAYCEE CHAPTER IN CAPE CANAVERAL MAYOR LEE EXPLAINED THAT, THE JAYCEES HAD REQUESTED A, PROCLAMATION, RATHER THAN A RESOLUTION, AND HE READ'THE PROCLAMATION DECLARING JANUARY 19 THROUGH 25 AS JAYCEE WEEK. ITEM 4.. MOTION RE% ACCEPTANCE OF 1965 COMPREHENSIVE PINAWn—Ar—REPORT MR. NICHOLAS MOVED TO ACCEPT THE ANNUAL 'AUDIT AND RECOMMENDATIONS AND TO DIRECT THE CITY.. STAFF TO IMPLEMENT THE. RECOMMENDATIONS. MR, FISHCETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. NICHOLAS MOVED TO ADD, THE FOLLOWING ITEM TO THE AGENDA. MAYOR LEP. SECONDED MOTION. ADD-ON ITEMt MOTION REt ACCEPTANCE OP RESIGNATION, WITH REGRETS OF FIRE CHIEF ARTHUR RENFRO 'MR, NICHOLAS SO MOVED,.,. MAYOR LEE SECONDED MOTION.. MOTION CARRIED UNANIMOUSLY. DISCUSSION MR. NUTT EXPLAINED THAT THE CONTRACTOR ON CHANDLER STREET HAD AGREED TO THE.CITYtB STIPULATIONS AND WOULD CONFIRM. THE. ARRANGEMENTS IN WRITING. MAYOR LEE REQUESTED THE FOLLOWING TWO ITEMS BE PLACED ON THE NEXT WORKSHOP AGENDA% THE COUNTYtS LIGHTING CONTROL ORDINANCE 'PO PROTECT THE SEA TURTLES ANDWASAtS REQUEST FOR SUPPORT IN REQUESTING AN ALTERNATS ROUTE TO PLAYALINDA BEACH, THERE BEING NO FURTHER. BUSINESS,. THE MEETING WAS ADJOURNED' AT 8:10 P.M. APPROVED THIS. 4th DAY OF FtbnwiY , 1986. MAYOR ATTEST% - r ..f CL TY CL RR CITY COUNCIL REQEAR MEEESING JANUARY 21, 1986 PAGE 4 OF 4 FORM 4 MEMORANDUM OF VOTING CONFLICT -- wNll N I,/Or F) „'Nit 01 t BcIO acov%il ootNIRLPCAt AGEN('l atl Aim r 1i . _ �..,._ f i • t`)r Y A'1 >\r NAME OI POUin`AI SCBm,IM i.OR 6141E AGlNCV- . , r.,..«Ia.oir to tlaalu 7`. f+� I ,"It,,In, ,tnr CUYMUt10N, ANNORitr,a COM WIrEE WHO MU6T FILE FORM d I ho I,nm it for isle by any petition turning on either an appointed a elected bard. rounds, mmmiWon, authorily, or commnlee. w nm hcnrait or local. and it applies equally to Immbm of advisory and non -advisory bodies who are faced with a voting cunni" 111 \s ihe, olfng conflict rerquiremenu for public offwenat the 1=1b,,ddiffer from the mquirmmem-forsute offwen,l formudoded rmo t a,, parte: PART A it for tete by per-om penins on local bards (municipal, county. -pedal tax d'utrich, tier.), while PART Bis pm, kd for all Other board&, i.e., theat at the -We kvel.. P 4 R I C of rhe form conteim imtructiom u to whmni and where thisform must he tied. PART A VOTING CONFLICT OISCLO6URE FOR LOCAL PUBLIC OFFICER&, ]Requued by Section 112.311313). Florida Statutes (Supp. 1984).] I he CrNfe of Elhin for Public Officers and Employee- PROHIBITS each am nk0d.. ~lY. and Other brerpu6dc RBlw FROM \ O 11 %u In an official opacity upon pay o ea um which inures to his special private pin. Each local officer Otho Is prohibited from I tnnw mgly voting in hit official capacity upon any meuurc which inures to the special pia of any principal (other than • government agent) at defined in Section 112.312(2). Florida Statutes) by whom be I- retained - In am such atr a local public officer mum discloser, the conRict: at PR IOR IO THE VOTE BEINOTAKEN by publidystatingtotheauemblytheaturcolbu)ntemI ia)be matter on which he ii attaining from toting: and (h) \\l 1 HIN 15 DAYS AFTER THE VOTE OCCURS by describing the wrote of hit inuratu a public record in this pan below. %Olt Cummutiow.W&Commuefty Redmtopmeat Apngamaedardafgaledpun nttoSMkmi6l.356"Scaionl63.357, f lorid& Sututa (Supp. 19&6). or ofncmpf independeat.gmcW taw duleicuehaed ma w*46 e.otrc-vote baham as proWbiid from %otmg In Lisch tarn. however.. the mal and wrutea disclotme of thin part mum be mat. 1. the undersigned tool public oRleor, break duclo&e that on 19 tel 1 attained from voting all a mattes which (check cite); inured to my special private pia: or _— ,.tend ro the aper sal pin of . by whom 1 am rcuimwd. ATTAOMM TO CITY 000NCIL FEil•TING JAtfVAR1f 21, 1986 xh ,h I ah+lamrd and the nalurr nl ml el—, In the mca+ure 1+a. lullnxc c1� C ;.'c G•((Ct1 i ILA /.t:r',•'+i p.., 'ca -;fit iOr'.." errs- rr LNLY� Iv ?HlS 1iti't=iS. Date filed Signature PaAw we PART C for imtrumium on when and there to ftk,hia fmm. PART! VOTING CONFLICT OIBCLO WR[ POR ITATL OPPIClRs (Requited by Swim 111714)(21, Florida Statistical (Supp. 19b4).] l ach ,lam public officer is permitted to vote in his official capacity on any natter. Nowir m, any stale officer who vain in his official eapdclt) upon any measure which iuura tc hkspecial private Minor the special Min of any principal by whom he is reamed u required 1 o duct— the "lure of his iaiernt as a public record in Part B below within 13 days after the vat occurs. 1, the undmipled officer of a sate ageecy, hereby disclose that on rat I weed on a matter which (effect, ow): j mored m my special pri.&H, Mim or Inured 10 the special pill of by whom 1 am rnamrJ h1 I hr mrawre on nhich 1 %wed and the "tuts of my iaieresi in the —on is as follows Hale filed _ Sig"IVR Pleas we PART C below fm it structiona oa whn and wbere to ftkthk fmm. PART C PILING INSTRUCTIONS Iho memorandum must be filed within fdteao(l$)da)'sfolbwinjthe ton miliduringwhieb lbevotia{mnfig eayrred with the person re+pomlhk for recordingthe WOW"Ofthe mating, wboHaO iworporaalhe afte maodum in the MewagmtouteL Thisform need not bellied meetly to indiate the absence of a vatic; wnflia. "al IvmaIa011itOASm YEt1111WlTATLTEE)112]Illi1ULAFA1LUa[TOMAEE AHYRIiNntEDt11K10EUm LYkw7lflnRW0UHa101i AAUYAY j tt 1'r ♦I+xTn aY OAE OR MORE Of THE FOLLOwIAd, ItelEACHMEHT. nEMOYAt Oa SUa►EMaIOH FROM OFFICE 04 EMPLOYMEht. ISI Muilu+Ri UICTNIA IA YALAaY.a[laIYAAO.Oa AQYIL lEAµTY gTTD EaCFEnat1R FORM 4 MEMORANDUM OF VOTING CONFLICT allvinl' 11 At 11.. eMN1\\ie\, Al N1aIN11M111. nl I,iMMil ill ��\ _ •NIl 111111a a1 X11 Nt Br1I1 OtUt%Il GnIHfl1(KAI -I., Oal All _fotlll \ % � ' � %AYE of MHITWAI sumr vlsN an STAY a4(M'1 � 1 o 1UIl lavl'a oto "t T r- 1. rll. ,n W�•lN_tUl'M'II.tOMMlaalek. At'IHORII1.Oa C9MM171EE WHO MUST FILE FORM d I" loan a for use by any person serving on either as appointed or thated board, council, commission, authority, or commune. n I nher state or local, and it applies equally to members of advisory and nomadv"story bodies whom (need with a volms coriflKl of ..-10 A+ 1 he s onngconflict requirements for public officers at the local letel differ from the requirements for state offiats, this form u do Wed nolo nes o parts- PART A is forum by "m mervtiog on local boards (municipal, county, special tae districts, atc.). while PAR I Ho, P, nmhcd for all other boards. Le., those at the state Intl. 1'%R I C of the form contain, Instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR FOCAL PUBLIC OFFICERS [Required by Semon 117.)1130), Florida Statutes (Supp. 1981).) I he Code of Ethics for Public ORkers and Employees PROHIBITS each msadrv-4 emamOt and other ford public ophr FROM 1 OI ING In an official capacity upon any carmum which inures to his special private pin. Each local ofRew also is prohibited from s no%mgly venin, in his afrwW capacity upon any measure which must to the special OR of any Principal (other than •,overr intrit apenoy as defined in Section 117.317(7). Florida Saturn) by whom he is retained. Ina uch cats a local public officer mux disclose the conflict: nal PRIORI 0 THE VOTE BEING TAKEN bypubhelyalmin,tothensetmblytbe future oitakintemtintbe matter onwhlch hem aborta nuts Iron vming; and Ihl WITHIN IS DAYS AFTER THE VOTE OCCURS by demaibingthe nature of his intent"tees public record in this pan below. NOI f.. E'ommimioAus of a Community Redevelopmea A#eM crtmW otdaigmted pursuant to Seetion 16.3.356or Section 163.357, f lorlda Stalutn (Supp.1964), or offlesta of independent special tan disttimaelected mea one-aae.00e-vme b.auaa nes prohibited 'ram \ nuns In such cash, however, the oral and written dachrmi re of this pan Must be made. 1. the undersigned local public olfiar. hereby disclose that on I > I , 19_: (a) I absnonwd from voting on a matter which (check oat): _ mu.d to my special private pin; or _ I nu,rd to the apc—I pin of y('1£ (F).'v /(`t GfVT07j- , by whom l am rehoord ATMCHN Sir m CITY OOIt'ICEL HEErim TA%L1AOV 71 1986 PAGE 2 OF 2 I ..u. , n lu.h I ah'ImncJ anJ the naurc of ml mternl m the memure n u. lollaw'. _1 NC it Kk-o- P t.f IT [rc RP,:eK 110,2. rl `tT wSTt C /),JD 711E L'iry OF 0.t,If C ij0?r't: r r, r c r 1 I U, lord Signature Plca,c ,« PART C for iwtructiom or. whoa Rod whm to ftk thu form. PANT ■ VOTING CONFLICT OISCLOWNE FON STATE OFFICERS (Required by Seniors 1133143(2), Florida Statutes(Supp. 19114.) 1 a, h ,talc public offim u permitted to vote in his OUuvl apa8ty as any matter. However, any state officer who votes in his oth-1 , epaan measure an) nsure which mum to his eei special prove pin or thespal pin of any principal by whom he is rosined is reyuucd l o dl,zio'e the nmurc of his intents u a pub4c «turd in Rn S below within IS days after the vote aeons. i, the undersigned olflm of a state apney, hobby disclose that on tai I %oted on a matter which founts one): i -_ Inured to my special prisate on; or mired to Inc special pin of , by whoml am roamed n, Irl, n,ca.urc on which 1 saed and The nature of my interest in the abrourc is as follows: Uam I ded Siglsture Pica'e sec PART C below far instructions on when and where torte, this (swm. PART C FWNO INSTRUCTIONS 1 lin memorandum mum be filed within fdteen(13)daytfoUowinStbe alminRduriAgwhkhthevotinlgeoafiiaoccurredored with the penon rc'pumlh,for recording the nuautea aftbemeeting, wboahaU incorporate the memarandsalathe send* aiautes.Thisformneednot M hlcd manly to indirate tbeabnom ofa vatinS tanW. I'UI R FRO'Im-sof ttamDAfIATUTERE11EJlltlElq. AFMLUU IOMAas MTRE9UIRippMLtOEURECOATTmNif4aWAOFFOR A.0 MA1 1110 EY UAE On MORE OF TNF FOLLOwI110: IMPEACMMEMT. REMOVAL OR auaPE11sloM FROM OFFICE on EMPLUEMt\1. Irl w-111' al Ulclial, IM fALARY. RtPRIMAM0. 0R A C1Yw ►!MALTY Ma EO ERCEtO KeM