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Home My WebLink AboutMinutes 03-18-1986CITY COUNCIL REGULAR MEETING MARCH 18, 1966 A REGULAR MEETING OF THE CITYCOUNCIL'OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON MARCH 18, 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 HY THE PLEDGE OF ALLEGIANCE. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERF. MAYOR P. LEE, MAYOR PRO TEM J WINCHESTER, COUNCIL MEMBERS J. r'tSCHETTI, M. MARCHETTI AND L. NICHOLAS. ALSO, PRESENT. WERE CITY t,T'TORNEY J'.THERIAC, CITY MANAGER F. NUTT AND .CITY CLERK J. LEESER. MR. WINCHESTER MOVED TO FOREGO THE READING OF THE MINUTES OF 'I:ik REGULAR MEETING or MARCH 1, 1984. MAYOR LEE SECONDED MOTION. MOTION. CARRIED UNANIMOUSLY.' AT THIS TIME MAYOR LEE READ A PROCLAMATION DECLARING THE. MONTH --F APRIL "FIX -UP, CLEAN-UP MONTH- IN THE CITY. UNFINISHED BUSINESS ITEM 1.ORDINANCE N0:AMENDING CHAPTER 617 NATIONAL LEC R AL DE B ADOPTING T EDIT ON AND E TABLISHING ADDITIONAL CRITERIA (SECOND READING ANU B C HEARI GI MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS AN ORDINANCE AMENDING CHAPTER 617, "ELECTRIC CODE', BY CREPEALING HAPTER; BYyCHAPTER ENTIRETY IN ITS DADOPTING A NEW ADOPTING 1986EDITION OF THE NATIONAL ELECTRICAL COOS AND. ADDITIONAL REGULATIONS$ REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH$ PROVIDING AN 'EFFECTIVE DATE. MR. NICHOLAS .MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. MR. BOB HOOG REQUESTED COUNCIL CONSIDER' AMENDING SECTION 617.11 OF THE ' PROPOSED ORDINANCE. DISCUSSION FOLLOWED ON SERVICE DISCONNECTS - MR. NICHOLAS MOVED TO TABLE UNTIL THE NEXT MEETING. MAYOR LEE SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWSt.. IN FAVOR, MAYOR LEE AND MR. NICHOLRS$ OPPOSED, MR. FISCHETTI,. MR. MARCHETTI AND MR. WINCHESTER. MOTION PAILED. CITY COUNCIL REGULAR MEETING MARL! 18. 1966, PAGE I OF 4 MR. ARTIS GUNN, BUILDING OFFICIAL, NOTED THAT THE PROPOSED ORDINANCE IS BASICALLY THE SAME AS BREVARD COUNTY AND OTHER MUNICIPALITIES REGARDING SERVICE DISCONNECTS. HE OFFERED TO DO FURTHER RESEARCH, IF THE COUNCIL DESIRED. MR. MARCHETTI 'MOVED TO POSTPONE THE ORDINANCE UNTIL THE NEXT MEETING. MR. WINCHESTER SECONDED NOTION. MOTION CARRIED' UNANIMOUSLY. ITEM 2. ORDINANCB NO. 7-86 AMENDING'. CHAPTER'501 SUBDIVISION OF p T Y R RIN 'A C Y MAP ON PLATS .'AND REDU ING THE MINIMUM THICKNESS F DRI EWAYS (SECOND_ DI AND PUB FARING)r MAYOR LEE READ THE TITLE OF THE ORDINANCE AS POLLOWSt AN ORDINANCE AMENDING CHAPTER 503, -SUBDIVISION OF LAND". THE CODE OF ORDINANCES OF THE CITY Of CAPE CANAVERAL, FLORIDA; REQUIRING A VICINITY MAP ON PLATS;REDUCING THE MINIMUM THICKNESS OF DRIVEWAYSI REPEALING ALE, PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DAT-.. MR.. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. ORDINANCE N0. 8-86 AMENDING CHAPTER 713 SPILL-OVER GR CONTR L BY R 6T I ING OUTDOOR GHTING ALONG THE H PROTE T THE SEA TURTLES SfiCOND READING ANP PBEACTN UBL MAYOR LEE READ THE TITLE OF THE ORDINANCE. AS FOLLOWSt AN ORDINANCE AMENDING CHAPTER 713, "SPILL=OVER LIGHTING CONTROL', OF THE CODE OF ORDINANCES OF THE CITY OF CAPH CANAVERAL, FLORIOAI RESTRICTING OUTDOOR LIGHTING ALONG THE 'BEACH TO PROTECT THE SEA TURTLES;' REPEALING ,ALL PORTIONS 0r THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. WINCHESTER MOVED FOR ADOPTION,, MR. PISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. ITEM 4, ORDINANCE NO, 9-66 AMENDING ZONING REGULATIONS BY EXEM G ONE TWO AND BEE FAMIL DWELLING UNITS FROM SEC. 639. 1(C) ACCESS CONTROL REGULATIONS ISECOND IN ND U L HEAR MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS& AN ORDINANCE AMENDING THE ZONING REGULATIONS Of THE CITY OF ' CAPE CANAVERAL, FLORIDA, 9Y AMENDING SECTION 639.01ICE, ACCESS CONTROL, BY EXEMPTING ONE, TWO AND THREE FAMILY DWELLING UNITS. FROM THE REQUIREMENTS) REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHE' PROVIDING AN EFFECTIVE DATE, MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHRTTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CITY COUNCIL RBl7UTAR MEETING wim 18, 1986 PAGE 2 OF 4 t. i(h P::SINESS ITEM 1.' RESOLUTION NO. 86-17 AGREEMENT WITH BREVARD COUNTY FOR L FEGUAAD SERVICE MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWSt ARESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFEGUARD SERVICE FOR THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR.. MARCHETTI MOVED. FOR ADOPTION. MR. NICHOLAS SECONDED MOTION. 'AhYOR LEE EXPLAINED THAT. THE CONTRACT CALLED FOR THREE LIFEGUARDS IN THE CITY AT A COST OF $3,400.00. VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 86-17 WAS ADOPTED. ITEM 2. RESOLUTION N0. 86-18 PLAT APPROVAL - KALINIS REPLAT A PORT ON OF LOT BLOCK CAPE CANA ERAL BEACH GARDENS _ 'UNIT 2 (CIRCLE RIVE) - DOUGLAS . MCLAUD AND CRAIG VANC MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWSt A' RESOLUTION APPROVING THE FLAT OF'•KALINrS REPLAT"t AUTHORIZING THE. MAYOR AND CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN. EFFECTIVE DATE.. MR. FISCHETTI MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION. VOTE ON THE MOTION. WAS UNANIMOUS,, WITH'MAYOR LEE ABSTAINING BECAUSE OF HIS PARTNERSHIP WITH BILL KALIN. RESOLUTION NO. 86-16 WAS ADOPTED. ITEM 3. MOTION REI BOND ANTICIPATION NOTES CITY MANAGER P. NUTT RECOMMENDED TO THE COUNCIL THAT THE CITY USE FUNDS FROM IMPACT FEE REVENUE AND BORROW FROM THE SEWER FUND TO PAY OFF THE SEWER ANTICIPATION NOTES. THIS WOULD SAVE THE EXPENSE OF THE FISANCIAL ADVISOR AND BOND COUNSEL. MR. NICHOLAS MOVED TO FOLLOW THE CITYMANAGERrS RECOMMENDATION AND USE INTERNAL FUNDS To PAY OFF THE NOTES. MR. FISHCETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTIONREI PERMISSION TO ADVERTISE. FOR BIDS FOR CONCRETE CURB NG IN CANAVERALBEACB GARDENS MR.. NICHOLAS So MOVED.. MR. WINCHESTER SECONDED MOTION. MR., NICHOLAS EXPLAINED THAT BUILDING UPS THE CURBS IN THIS AREA WOULD BE A TRIAL PROJECT., AND IF, IT WAS SUCCESSFUL, WOULD BE CONTINUED THROUGHOUT CITY OJLNCIL R=jLAR MEETING MART; 18, 1986. PAGE 3 OF 4 T - - - - ---- - -. .------ MICROFILMED AUG 87 THE CITY. DISCUSSION FOLLOWED. CONCERN WAS EXPRESSED THAT ONCE THE MEDIUMS WERE LANDSCAPED, THEY WOULD NOT BE MAINTAINED. LEVELS OF MAINTENANCE WILL BE DISCUSSED AT THE NEXT WORKSHOP MEETING. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 5. MOTION RE: ALLOCATION OF FUNDS FOR ARCHITECTURAL RENDERINGS OF SITE PLAN LOCATION FOR PROPOSED LIBRARY BUILDING MR. NICHOLAS MOVED TO ALLOCATE $500 . 00 FOR THIS ITEM. MR. FISCHETTI SECONDED MOTION. DISCUSSION FOLLOWED. MOTION CARRIED UNANIMOUSLY. ITEM 6 . DISCUSSION RE: SETTING JOINT WORKSHOP MEETING WITH PLANNING AND ZONING BOARD TO DISCUSS PROPOSED AMENDMENTS TO COMPREHENSIVE PLAN IT WAS THE CONSENSUS OF THE COUNCIL TO HOLD THE JOINT WORKSHOP MEETING ON THURSDAY, APRIL 3RD, AT 7: 30 P.M. DISCUSSION AT THIS TIME, MAYOR LEE EXPLAINED THAT MR. WINCHESTER HAD • RESIGNED FROM THE COUNCIL AND WOULD BE MOVING TO NEW JERSEY. MAYOR LEE PRESENTED A PLAQUE TO MR. WINCHESTER AND THANKED HIM FOR SERVING ON THE CITY COUNCIL AND AS MAYOR PRO TEM. MR. NICHOLAS BROUGHT UP THE SUBJECT OF DOGS ON THE BEACH. • DISCUSSION FOLLOWED. THIS ITEM WILL BE DISCUSSED AT THE NEXT WORKSHOP MEETING. CITY ATTORNEY THERIAC EXPLAINED THAT THE UNITED STATES SUPREME COURT MADE A RECENT DECISION REGARDING PORNOGRAPHY AND THE CITY'S COMMUNITY STANDARDS ORDINANCE SHOULD BE TAILORED TO THE SUPREME COURT GUIDELINES. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8: 35 P.M. APPROVED THIS 1st DAY OF APRIL , 1986 . Ail' / / , MAYOR ATTEST: 9 CITY COUNCIL REGULAR MEWING TY IL-1)-Ed MARCH 18, 1986 PAGE 4 OF 4 r+iE CITY. DISCUSSION FOLLOWED. CONCERN WAS EXPRESSED THAT ONCE TOE MEDIUMS WERE LANDSCAPED, THEY WOULD NOT BE MAINTAINED. LEVELS OF MAINTENANCE WILL BE DISCUSSED AT THE NEXT WORKSHOP MEETING., VOTE ON THE MOTION WAS UNANIMOUS. ' ITEM 5. MOTION REs ALLOCTTIOPN OF FLOCAD9 FOR RRPROPOCEDRLIBRARY END BUILDING MR. NICHOLAS MOVED TO ALLOCATE $500.00 FOR THIS ITEM. MR. F'ISCRETTI SECONDED MOTION. , DISCUSSION FOLLOWED. MOTION CARRIED JNANIMOUSLY. DI6CUSSION REs SETTING JOINT WORKSHOP MEETI IT&M 6.NG WITH PL NN G ADZ NING BOARD TO CUBS PROPOSED AMENDMENTS_ TO C-PREHENB VE PLAN' IT WAS THE CONSENSUS OF THE COUNCIL TO HOLD THE JOINT WORKSHOP ,i!,F.TING ON THURSDAY, APRIL 3RD, AT 700'P.M. OISCUSSION AT THIS TIME, MAYOR LEE EXPLAINED THAT MR, WINCHESTER HAD RESIGNED FROM THE COUNCIL AND WOULD BEMOVING TO NEW, JERSEY, MAYOR !.EE PRESENTED A. PLAQUE TO MR. WINCHESTER AND THANKED HIM FOR SERVING ON THE CITY COUNCIL AND AS MAYOR. PRO TEM. MR. NICHOLAS BROUGHT UP THE SUBJECT OF DOGS ON THE BEACH. DISCUSSION FOLLOWED. THIS ITEM WILL BE DISCUSSED AT THE NEXT WORKSHOP MEHPING. CITY ATTORNEY THERIAC EXPLAINED .THAT THE UNITED STATES SUPREME: COURT MADE A RECENT DECISION REGARDING PORNOGRAPHY AND THE CITY'S COMMUNITY STANDARDS ORDINANCE SHOULD: BE TAILORED TO THE SUPREME COURT GUIDELINES.. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 6:35 P.M. 1st DAY OF APRIL : 1966. APPROVED THIS ' �----�— Y R ATTESTS . CITY CQNCn AH,SEAR MEETING WJCH 16. 1966 4wca-z�— 'PAGE 4 OF 4 FORM 4 MEMORANDUM OF VOTING CONFLICT •✓ C ` dTkl^ - �� INf MI\Pn. P11111 n4M1]]I„\, arlNt,PI11. „soma ..I nF .a�17, /} 1. YHI(N ISIe EISA 1;SIl U1 It'll, ar-ii,I\ ace"'llimmari , 1.y Stall ;TgC�C---`_�N JEIPA� 1111 , E✓R MawFMMRIIKAl 6U■mY1SHlYoa alaea(ilafYd 3� Igp l� .eln L%IT y or e11�oE C'IP✓fFIL �1�, 1; ,� �� MI„�u \f N_lntloMISGNIi. PUlNWI1 Y. Qg ��U�� WHO MUST FILE FORM d' Ie., IiNm a r use b)' any person serving on either an appointed or elected bard, council, eommirslon. authority, or commmrc. W ncmrr slafum or local, and it appiiaegally to oYembersaf ad,iory, and nomadviory baba who we Gad with •voting conlhcl u1 N. I nc , cling canRln miqu,nou n sor public offtcas m the local Incl differ from the requitemanulor sate offlar.thic fwm u dl� Idcd .m..lw,�pane PART .Aisfaruabypctwmaningonloalbards(municipal.county. sperid sex districts, etc.). while PARI Hil plc.,nbed for all other bards, i.e., thoutat the mate keel. P, R i (',if the form wertaim mi tructions Otto when and what this form mull be (fled. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS (Required by Section 112.311371. Florida Statutes (Supp.. 1984(] I nc ( udc of (thou for Public Officer and Employes PROHIBITS each ters"kipd, county, and other lord public QUo” f ROM u I I ♦(. In as olffclal apaaiy upon any measure which intra to his special private pia. Each la#I Officer also h prohibited from s N„w mgly ,ming in hu Official opacity upon any measure which mum$ to the special fain at any priocip#I (cher lMn ► government aycn,l a, defined in Section 111712(2). Florida Statuses) by whom he is retained. In errs% mach ase a local public Officer mat dndose the eunflue: l a. I'll IOR 10 j HE VOTE BEING TAKEN. by publicly wtiogto the auenfbly the nature of his imerat in the mater on w hick he u abstaining from %ming: and Ibl %lIHIN IS DAYS AFTER THE VOTE OCCURS by describing the nature of his interest a a public record in this par below. % 1.t commwioneradtCommuaity Rode,elopwtentAprfeycrated or dlaigaled pursuantso&aero167.)76or Ssaita Iti7.757. I 111"d. SrtulnlSupp. Ityatl.aofftmsdindependent apaialtax dwriaselcded on#oue+ae, one'vote huuare as prohibited from ,bung In such uses. however. the aal and written deadenum of this pan mum be trade. 1. the undersigned local public officer, hereby ditciase that an J f . 19 :. I ia I I ■bsmo nd from voting ow a matter which (cbc* one): inured to my special private pin; or mut j to the special pin of . 6y whom t am reralrnd. .,, ,i ..,,....i. I,.. i.. 1 ah.tani-J aiW Ilic La ( nit nl ri..t in tllc mca�urc �• a. Inll..w• RrSO�LiT/On/ fk iG JS Khu t/ AEtL14T 45 1 /FM Q SO% Ilt/ THIS toE1et 3�f8 P� Sgluture I I..Ic 1 dcd Pleas we PAR T C for imtruelion[ on'*hen and *lure 10 fik this from. ,. -- PART VOTING CONFLICT DI8CL08URE POR STATE OFFICER& 11taqukad by Section 1113143(21, Florida Sulmet (SUPP. 19141-) I a,h+tate public officer u pamuted 10 vat in Au alfwv uN ^tyMon a,Y�ltt man*n t[��by whmrhe is ruined I. rcvoited j .npa.ut uponany measure which inures to his apedalP p P� P YPriW by 1 o d—h- the rwurc of hu imercst as a public record in Rd 8 below wilhin 15 days akar the vac 0eeilrt. . dntlosa that on • 19 I, the undasianed o1Twa of • U419ajencY. limb, tat i t otcd on a matter which (check one) murcd to MY special PrtTate Pin: or by whom 1 am rcwmcd mu.d IU th<special Pin of n. I h. nc ucc .m which 1 voted and the Nwre of my imLvat in the measutt p u follow: Ilam 14kd Sionslum Plca see PART C below for inatrunrobt oa *ben and *baa to (de &hit (oral --- PART RUNG IR&TRUCTUMS Ihw mcmoralWum mum Inc Bbd waMafdtetm(15)dp'sfdlowia&tIK mooml durm8whlebtlievotin&LronBta0"0"I"wish the Pawn te.pomlbfe(or recording tminutes oflhe MantiM wbomu8i"corporaltlhe aMmaaad'uni°the meKmfminutes. Thinfmmaecd nes be hkd —4)10 indicate the &I, ofa "fins eor18ia. 1 i'NMa MOt'UION[W fTOR10afTeTNEf1111)Il/1wlLAtaILUtE TOYe►[ANTREOUIIIL 5135pl USION f Q,,tUT1aOROR EMPaA!'UMeT Nt ipt _"t U aT ONt Ua MORE at THE FOLLUwINO. IM[EACNM EN T. 101ci IL OIL fUat[N310M [ROM OFtI[E OR EMtLUT )ENI. In wt�Iltt�aLUECiN1N INfAL.VRI.REMIMMQOR AQVIe MNaLTT NUI TO EaCEE01aMa PAW