HomeMy WebLinkAboutMinutes 04-15-1986 Workshop and RegularCITY COUNCIL
COMBINED WORKSHOP L REGULAR MEETING
'APRIL 15, 1986
A COMBINED WORKSHOP AND REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON APRIL 15, 1986, A'"
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 THE PLEDGE OF ALLEGIANCE..
THE ROLL WAS CALLED BY THE CITY CLERK, OFFICIALS. PRESENT WERE
MAYOR 'PAT LEE,' COUNCILMEMBERS JERRY FISCHETTI, MIRE MARCHETTI AND LE,
NICHOLAS. ALSO PRESENT WERE CITY ATTORNEY. JIM THERIAC,. CITY MANAGER
FRED NUTT AND CITY CLERK JAN LESSER
MR. NICHOLAS MOVED TO FOREGO. THE READING OF THE. MINUTES, OF THE
REGULAR MEETING OF APRIL1, 1986. MR- MARCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY..
UNFINISHED BUSINESS
ITEM 1.' ORDINANCfi.NO. 10-86 AMENDING CHAPTER 611 BUILDING CODF
E R IN R GENT AL UNITS
(SECOND READING AND PUBLIC HEARING)-
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWSs
AN ORDINANCE AMENDING CHAPTER 611, "BUILDING
CODE-, OF THE CODEOF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, FLORIDA, BY REQUIRING
STANDPIPES ON CERTAIN RESIDENTIAL UNITS:'
REPEALING ALL PORTIONS OP THE CODE IN.
CONFLICT HEREWITHI PROVIDING AN EFFECTIVE
DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI., SECONDED
MOTION., MOTION CARRISD UNANIMOUSLY.
ITEM 2. 'ORDINANCE N0. 11-86 AMENDING CHAPTER 701 ANIMALS
CONTRO BY A PTING CU RENT BREVARD COUNTY
REGULATIONS (SECOND READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDIWANCE AS FOLLOWS1
AN ORDINANCE AMENDING CHAPTER 701, "ANIMALS
'CONTROLLED", OF THE CODE or ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING
THE LATEST SREVARD COUNTY ANIMAL CONTROL
REGULATIONS: DESIGNATING ALL PUBLIC PARKS AND
BEACHES As AREAS IN WN ICM ANIMALS ARE
PROHIBITED I REPEALING ALL PORTIONS OF THE
CODE. IN CONFLICT HEREWITH: PROVIDING AN
EFFECTIVE OATS.'.
CITY COONCIL COMBINED WKSHP c
103ULAR MEETING
APRIL 15, 1986
PAGE 1 OF 7
MH. MARCHETTI MOVED FOR ADOPTION.. MR. NICHOLAS SECONDED
TioN.
CITY MANAGER, .BRED NUTT, EXPLAINED TO COUNCIL THAT HE HAD
M6'f WITH REPRESENTATIVES OF THE COUNTY ANIMAL CONTROL, AND THEY
1,4FORMED HIM THAT THE COUNTY ORDINAN" WAS ADOPTED BY A SPECIAL
ACC OF THE STATE LEGISLATURE WHICH SPECIFIED ONLY EMPLOYEES OF
HREVARD COUNTY, I.E.'ANIMAL CONTROL OFFICER OR DEPUTY SHERIFF,
:-AN ISSUE CITATIONS. -DISCUSSION FOLLOWED•
VOTE ON. THE MOTION WAS UNANIMOUS.' ORDINANCE N0:. 11-86 WAS,
ADOPTED.
KEW BUSINESS T
ITEM 1. RE804UTION N0.86 -1t ELECTING COUNCIL MEMBER TO
FIFI L
MAYOR LEE READ: THE TITLE OF THE RESOLUTION AS POLLOWSt,
A RESOLUTION ELECTING ASUCCESSOR COUNCIL
PERSON TO SERVE UNTIL THE NEXT GENERAL
ELECTIOMI PROVIDING AN EFFECTIVE DATE,
MAYOR LEE EXPLAINED THAT THE CITY HAD RECEIVED LETTERS FROM
hIVE CITIZENS REQUESTING TO BE APPOINTED TO THE SEAT THAT. WAS
dACAT ED WINCHESTER. THE LETTERS WERE
BY THE RESIGNATION OF MR.
'r HOM THE FOLLOWING$ MS. HELEN PILKINS, MR. BOB HOOG, MR. GEORGE
HUTCHINSON, MR. JEFF KIDD AND MS. ELIZABETH' LeROCCA. AT THIS
TIME, THE FIVE CANDIDATES FOR THE VACANT SEAT INTRODUCED
CHEMSELVES. MR. FISCRETTI, ASKED THE OTHER MEMBERS OF COUNCIL. TO
CONSIDER THAT MR. WINCHESTER EXPRESSED THE DESIRE THAT THE PERSON
wH0 WOULD BE APPOINTED TO HIS SEAT WOULD SHARE HIS PHILOSOPHY.
MAYOR LEE SUG"STED THAT ALL CANDIDATES NAMES BE PLACED IN
NOMINATION AND AROLL CALL VOTE TAKEN' CITY ATTORNEY, JIM
THERIAC, NOTED THAT THIS WOULD EE AN ACCEPTABLE METHOD OF
ELECTING THE COUNCIL MEMBER. AT THIS TIME.A ROLL CALL VOTE WAS
TAKEN WITH THE FOLLOWING .RESULTS2 '.
MR• FISCHETTI MRS. FILKINS
MAYOR LEE MR, BODO
MR. MMRHOODARCHETTI MR. HOOGKINS
MR.' NICHOLAS ''
'CITY COUNCIL COMBINED WSW c
REGULAR MEETING
APRIL, 15, 1986
PACE 2 OF 7
MH. NICHOLAS MOVED THAT EACH NAME BE PLACED IN .NOMINATION
MH.
:'No t. ROLL CALL VOTE BE TAKEN ON EACH INDIVIDUAL CANDIDATE..
.4AHCHETTI SECONDED, MOTION.. VOTE ON THE MOTION WAS UNANIMOUS,
THE VOTES WERE TAKEN AS FOLLOWS"'
MRS. PILKINB IN FAVOR, MR. FISCHETTI" AND MR.
MARCHETTI
OPPOSED, MAYOR LEE AND MR. NICHOLAS
MR.'H000 IN FAVOR, MAYOR LEE AND MR. NICHOLAS
OPPOSED, MR, FISCHETTI AND MR. MARCHETTI
R. ICHOLAS
MR. HUTCHINSON IN FAVORS MR. FI
OPPOSED, SCHETTI,. MAYOR LEE AND
MR. MARCHE•CTI
IN FAVOR, MAYOR LEE AND MR. NICHOLAS
MR. KIDD
OPPOSED, MR. FISCH$TT'I AND MR. MARCHETTI
MS. LAROCCA 'IN FAVOR, MAYOR LEE AND NR. NICHOLAS
OPPOSED, MR. ;FISCHETTI AND MR, MARCHETTI
OTHER METHODS OF SELECTION WERE, DISCUSSED. IT WAS SUGGESTED
lar MR. FISCHETTI THAT ANOTHER ROLL CALL VOTE BE TAKEN. THE
dtSJLTS WERE AS POLLOWS1
MRS. FILKINS IN FAVOR, MR. FISCHETTI AND MR. MARCHETTI
OPPOSED, MAYOR LEE AND MR. NICHOLAS
MR. H00G IN FAVOR. MAYOR LEE AND MR.NICHOLAS
OPPOSED, MR, FISCHETTI AND MR.. MARCHETTI
MR. HUTCHINSON IN FAVOR,NR. FISCHETTI AND MR. NICHOLAS
OPPOSED,. MAYOR LEE AND MR. MARCHETTI
MR. KIDD IN FAVOR, MAYOR LEE AND MR. NICHOLAS
OPPOSED, MR FISCHETTI. AND,.. MR. MARCHETTI
LES MR. NHOLAS
MS. LAROCCA IN FAVOR, MAYOR
ISCHE
OPPOSED, TTIDANO MRICMARCNETCI
THE CITY ATTORNEY WAS CHARGED WITH RESEARCHING THE LAW TO
SEE WHAT COURSE OF ACTION SHOULD 8E TAKEN IF A SUCCESSOR COUNCIL
PERSON IS NOT ELECTED BY THE COUNCIL.
MR. NICHOLAS MOVED TO TABLE THE RESOLUTION UNTIL A SPECIAL
APRIL 30TH AT 7$30 P,11. MAYOR LEE SECONDED
MEETING TO BE HELD ON
L
MOTION. � '.
M. TO!! DOLACALLED FOR A POINT OF ORDER REGARDING THE
MAYOR SECONDING THE NOTION. IT WAS POINTED OUT THAT THIS IS'
ALLOWED BY THE CITY ORDINANCES.
CITY Duan COMBINED wmL%w 6
REGULAR MEETING
APRIL 15. 1986
. PAGE 3 OF 7
VOTE ON THE MOTION WAS AS FOLLOWSs IN FAVOR, MAYOR LEE AND
MR. NICHOLAS/ OPPOSED,MR. FISCHETTI AND MR. MARCHETTI. MOTION
FAILED, -
MR.FISCHETTI :MOVED' TO POSTPONE THIS ITEM UNTIL THE NEXT
REGULAR MEETING. MAYOR LEE SECONDED MOTION. VOTE ON THE MOTION
WAS AS POLLOWS:, IN FAVOR, MR. PISCHETTI, MAYOR LEE AND MR.
NICHOLAS/ OPPOSED, MR.. MARCHETTI. MOTION CARRIED.
ITEM 2. OATH OF OFFICE FOR NEW COUNCIL MEMBER
NO ACTION WAS, TAKEN ON THIS ITEM.
ITEM 3. RESOLUTION NO, 86-27 ELECTING MAYOR PRO TEM
MAYOR LEE :READ THE. TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ELECTING MAYOR PRO TEM :OF THE
CITY OF CAPE CANAVERAL, FLORIDA;.. PROVIDING AN
'EFFECTIVE DATE. ' -
MR. FISCHETTI MOVED TO ADOPT RESOLUTIONS NO. 86-27. MR.
NICHOLAS SECONDED MOTION.. NOTION, CARRIED. UNANIMOUSLY.
MR. MARCHETTI MOVED TO INSERT THE NAME OF LEO NICHOLAS IN
SECTION 1 OF THE RESOLUTION. MR. FISCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 86-27 WAS ADOPTED,
ELECTING, MR. NICHOLAS AS MAYOR PRO TEM.
ITEM 4. RESOLUTION N0. 66-25 AMENDING CHANDLER STREET
AS ESSMENT ROLL
MAYOR LEE READ THE TITLE �OF THE RESOLUTION AS FOLLOWS[.
A RESOLUTION AMENDING. THE ASSESSMENT ROLL FOR
THE CHANDLER STREET CONSTRUCTION PROJECTI
AUTHORIZING, THE CITY CLERK TO RECORD THE
AMENDED ASSESSMENT ROLL! AUTHORISING THE CITY
TREASURER TO MAKE AMENDMENTS TO THE
ASSESSMENT ROLLS PROVIDING AN EFFECTIVE DATE,
MR. NICHOLAS MOVED .FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION.
' MR. NUTT EXPLAINED THAT THE TOTAL PROJECT COST WAS LESS THAN
ESTIMATED THEREBY REDUCING THE ASSESSMENT FROM $63.84 TO $42.80
PER FRONT FOOT.
VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 06-25 WAS
ADOPTED.
CITY CIANCIL COMBINED WISH@ i
REGULAR MEETING
APRIL 15, 1986
PAGE 4 OF 7
MR
LO .
BYSACCEPTINGONEW6MAINTENANCEOAGREEMENT FOROHARBOR
HEIGHTS TOWNHOUSES
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AMENDING. RESOLUTION NO. 86-6
WHICH APPROVED THE PLAT OF HARBOR HEIGHTS
TOWNHOUSES, BY APPROVING A NEW MAINTENANCE
AGREEMENTI PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION: MR. FISCHETTI SECONDED
MOTION.
MR. NICHOLAS QUESTIONED THE CITY ATTORNEY ON. WHY THE CITY
SHOULD APPROVE THE DEED RESTRICTIONS FOR ATOWNHOUSE PROJECT.
MR. THERIAC EXPLAINED THAT THE. CITY HAD PREVIOUSLY APPROVED A
MAINTENANCE AGREEMENT FOR THE, II FOOT .EASEMENT ALONG THE EAST
SIDE OF THE TOWNHOUSES. .THE MAINTENANCE AGREEMENT SPECIFIED THAT
'CNE OWNER OF THE END UNIT WOULD BE; RESPONSIBLE FOR THE
MAIN'CENANCE OF THE ENTIRE EASEMENT. THE DEVELOPER HAD SINCE
DECIDED IT WOULD BE MORE EQUITABLE TO PUT THE BURDEN OF THE
MAINTENANCE ON ALL FOUR UNITS. e
MR. NICHOLAS NOTED THAT THE CORRECT PROCEDURE. WOULD 8E TO
CHANGE THE MAINTENANCE AGREEMENT.. DISCUSSION FOLLOWED•
VOTE ON THE NOTION WAS AS, FOLLOWS: IN FAVOR. MR. FISCHETTII
OPPOSED, MAYOR LEE,MR. MARCHETTI AND MR. NICHOLAS.' RESOLUTION
NO. 86-26 FAILED.
ITEM 6. RESOLUTION NO. 86-28 AMENDING CONTRACT WITH BREVARD
Y R L SERV
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWSt
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY CLERK TO AMEND THE AGREEMENT. WITH THE
BREVARD COUNTY SHERIFF'S DEPARTMENT TO
PROVIDE ADDITIONAL MUNICIPAL POLICE SERVICES
TO THE CITY OF CAPE CANAVERAL, PLORIDAI
' PROVIDING AN EFFECTIVE DATE.
MAYOR LEE EXPLAINED THAT TUB SHERIFF WAS UNABLE TO ATTEND
THE MEETING AND. RSQUESTED THE RESOLUTION BE ;POSTPONED.
MR. NICHOLAS MOVED TO POSTPONE UNTIL THE NEXT MEETING. MR.
MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY:
CITY COUNCIL. COPBD= WKSiP 4
REGU AR ME==
APRIL 15, 1986
nNa 5 OE
ITEM 7. RESOLUTION NO. 86-29 APPOINTMENT OF ALTERNATE.
MEMBER TO BEAUTIFICATION BOARD
MAYOR LEE, READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING AN ALTERNATE MEMBER
TO THE BEAUTIFICATION BOARD$ PROVIDING AN
EFFECTIVE, DATE.
MR.. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION. MOTION CARRIED. UNANIMOUSLY. MRS.. BETTY HUTCHINSON WAS
APPOINTED AS AN ALTERNATE MEMBER -TO THE BEAUTIFICATION, BOARD.
ITEM B. RESOLUTION NO. 86-30 APPOINTMENTOF ALTERNATE
MEMBERS TO THE L BRARY BOAR
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWSS
'A RESOLUTION APPOINTING ALTERNATE MEMBERS TO
THE LIBRARY BOARD OF THE CITY.OF CAPE
CANAVERAL, FLORIDA) PROVIDING AN. EFFECTIVE
DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR. NICHOLAS SECONDED,
MOTION. VOTE ON ,THE MOTION WAS UNANIMOUS. M6. DIANNA GREEK AND
MS. JUNE CARSON WERE APPOINTED TO THE LIBRARY BOARD AS ALTERNATE
MEMBERS.
ITEM 9. MOTION RES APPOINTINGALTERNATE VOTING DELEGATES TO
THE BREVARD LEAGUE OF CITIES
MR. NUTT EXPLAINED THAT WHEN THE COUNCIL APPOINTED MR.'
NICHOLAS AS THE VOTING DELEGATE TO THE BREVARD LEAGUE OF CITIES,
NO ALTERNATE VOTING DELEGATES WERE. APPOINTED..
MR. NICHOLAS MOVED TO APPOINT THE OTHER MEMBERS OF COUNCIL
AS THE ALTERNATE VOTING DELEGATES TO THE BREVARD LEAGUE OF CITIES.
MR., MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 10.DISCUSSION RES APPOINTING COMMITTEE TO PLAN CITY'S
STN ANNIVERSARY CELEBRATION
CITY CLERK, JAR LEESER, EXPLAINED THAT SHE HAD RECEIVED SOME
e INQUIRIES REGARDING PLANS TO CELEBRATE THE CITY'S 25TH
ANNIVERSARY. DISCUSSION FOLLOWED' IT WAS THE CONSENSUS OF
COUNCIL. TO DISCUSS THIS ITEM AT THE NEXT WORKSHOP MEETING.
ITEM 11.. DISCUSSION RES �Td OF JULY CELEBRATION
MR. NUTT EXPLAINED THAT THE STAFF WOULD LIKE SOME DIRECTION
REGARDING, THE 4TH Of JULY CELEBRATION SINCE FIREWORKS WOULD HAVE
TO BE ORDERED IN THE NEAR FUTURE. THE VOLUNTEER FIRE DEPARTMENT,
CITY COUNCIL COMBINED WKSHP i
RfS'L, 0AR MEETING
APRIL 15, 1986
PACM 6 OF 7
INTEREST IN BEING IN -CHARGE OF THE CELEBRATION, MP.
':ICHOLAS NOTED THAT HE THOUGHT THE CITY SHOULD HAVE THE SAME TYPE
OF CELEBRATION AS LAST YEAR, WITH FOOD, LIVE MUSIC AND FIREWORKS.
THIS ITEM. TO BE DISCUSSED AT THE NEXT WORKSHOP MEETING.
'ITEM 12. DISCUSSION RE: RULES OF PROCEDURES AND/OR BY-LAWS
OF ADVISORY BO ADDS
THE COUNCIL RECEIVED COPIES OF THE ADVISORY BOARDS' RULES OF
PROCEDURES. MR. NICHOLAS EXPLAINED THAT .THE COUNCIL WAS
ATTEMPTINGG TO ESTABLISH UNIFORMITY THROUGHOUT THE BOARDS. THIS
STEN TO BE DISCUSSED AT THE NEXT WORKSHOP MEETING.
ITEM 11. CITY MANAGER'S REPORT
IN ADDITION TO HIS WRITTEN REPORT, MR. NUTT EXPLAINED THAT
THE CITY WAS WORKING WITH WESTERN WASTE AND THE. BEAUTIFICATION
BOARD IN AN ATTEMPT, TO GET THE CITY: CLEANED UP DURING APRIL.
DISCUSSION
MR, NICHOLAS GAVE A. REPORT ON THE COUNTY LIBRARY BOARD
MEETING WHICH HE HAD ATTENDEDTHE PREVIOUS WEEK. HE EXPLAINED'
THE CITY'S POSITION TO THE BOARDI THAT THE CITY WOULD :BUILD AND
MAINTAIN A LIBRARY BUILDING AND IN RETURN WOULD EXPECT THE COUNTY
TO KEEP THE LIBRARY AS APULG-SERVICE LIBRARY. HE .FURTHER NOTED
THAT THIS MEETING WAS THE PRELIMINARY STEP TO A,CONTRACT WITH THE
COUNTY,
THERE BEING NO FURTHER BUSINESS, THE MECTING WAS ADJOURNED
AT 8:45 P.M.
APPROVED THIS 6th .DAY OF May ', 1986.
' MAYOR
ATTEST:
TY CLERK
CITY COIAJCA. CIY&MM WKSHP L
REGULAR MEETING
APRIL 15, 1986
PACE 7 OF 7