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Home My WebLink AboutMinutes 10-21-1986CITY COUNCIL REGULAR MEETING OCTOBER 21, 1986 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE cANAVERAL, FLORIDA. WAS HELD ON OCTOBER 21, 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 THE PLEDGE OF ALLEGIANCE. THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT WtRF: MAYOR PATRICK LEE, MAYOR PRO TEM LEO NICHOLAS, COUNCIL M6:N RF,RS JERRY PISCHETT I. JEFF KIDD, AND MIRE. MARCHETTI.. ALSO p,iESENT WERE CITY MANAGER FRED NUTT AND CITY, ATTORNEY. JIM THERIAC- 'i'rY CLERK JAN LESSER WAS HOT IN ATTENDANCE. MR. FISCHETTI.MOVED TO FOREGO THE READING, OF THE MINUTES OF TdE REGULAR MEETING OF OCTOBER 7, 1986 -. MR. KIDD SECONDED MOTION. w`)TE ON THE MOTION WAS UNANIMOUS. UNFINISHED BUSINESS LATIONS ITEM 1. BYDINA.O ANO LLOWING CERTAIN BUSIWE6 N-ISSEZOINNA c- ZONE ONE BY SPE IAL EXCEPTION (SECOND READING AND PUBLIC. HEAR NG '. MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS8 AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE. CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 637.53, -C-1, PROHIBITED USES AND STRUCTURES" AND SECTION 637,51, -C-I, SPECIAL EXCEPTIONS PERMISSIBLE' BY. BOARD OF ADJUSTMENT-$ REPEALINGALL PORTIONS OF THE CODE IN CONFLICT HEREWITH$ PROVIDING.. AN No .EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION. MR. MARCHETTI SECONDED' MOTION, DISCUSSION FOLLOWED, CITY ATTORNEY, JIM THERIAC, EXPLAINED THAT. THE EXISTING BOOKSTORE WOULD BE REQUIRED TO OBTAIN ' A SPECIAL EXCEPTION - VOTE VOTE ON THE,MOTION WAS UNANIMOUS. ORDINANCE N0. 27-86 WAS ADOPTED. NEW BUSINESS ITEM 1. pROH No. OCONTAINERS ICHAPTER PUHLICO6 BY PARKS AND Op ggpCyg FIRST READING AND PUBLIC H ING) MAYOR LEE READ THE, TITLE OF THE ORDINANCE AS FOLLOWS= CITY. COUNCIL REGULAR MEETING OCTOBER 21, 1986 PAGE 1 OF 4 PAGES NOF CITY AN RIDIREPEALINGECHAPTERF606P, E"REGULATIONS FLORIDA,, FOR CITY PARKS*, OF THE CODE OF ORDINANCES IN ITS ENTIRETY) ESTABLISHING A NEW CHAPTER 606, •REGULATIONS FOR CITY PARKS AND 'OCEAN BEACHES -1 PROHIBITING GLASS CONTAINERS IN SAID PARKS AND BEACRESi'.REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HBREWITHI PROVIDING FOR SEVERABILITYI PROVIDING AN EFFECTIVE. DATE. MR. FISCHETTI 14OVED TO APPROVE FIRST READING. MR. MARCHETTI SECONDED MOTION. CITY MANAGER, FRED NUTT,I INQUIRED AS TO WHETHER THIS ORDINANCESHOULD ALSO APPLY. TO'OUNE CROSSOVEA8I COUNCIL A3HEED. AND AMENOEDTHB ORDINANCE AS. FOLLOWS$ REPLACE THE .WORDS IN THE 'TITLE "PROHIBITING GLASS CONTAINERS IN SAID PARKS AND Hj;A:HES" WITH THE WORDS •PROHIBITING GLASS CONTAINERS IN SAID PARKS, BEACHES AND DUNS CROSSOVERS-' ADD THE WORDS ..OR DUNE .'ROSSOVERS". TO SECTION 606.09. DISCUSSION FOLLOWED CONCERNING THE POSTING OF .SIGNS TO REFLECT. THIS ORDINANCE. MR. NUTT INFORMED THE. COUNCIL, THAT DUE 'IO CME BACKLOG OF ORDERS, BREVARD COUNTY WOULD NOT Be ABLE TO DELIVER SIGNS UNTI4 DECEMBER, AND SUGGESTED.. USING ANOTHER SOURCE: . FREPARB ACOMPARATIVE PRICE LIST FOR MAYOR LEEASKED MR. NUTTTO THE NEXT WORKSHOP MEETING. VOTE ON THE MOTION WAS UNANIMOUS. -ORDINANCE NO. 26-86 WAS APPROVED. AS AMENDED, FIRST READING.., ITEM 2.. RESOLUTION R0.86.71APPOINTING NEW DEPUTY CITY ATTORNEY MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS, A RESOLUTION APPOINTING A DEPUTY CITY ATTORNEY1 PROVIDING AN EFFECTIVE DATE. MAYOR LEE INTRODUCED THE NEW DEPUTY'CITY ATTORNEY, KOHN O BENNETT, TO THE COUNCIL. MR. MARCHETTI MOVED FOR ADOPTION OF THE RESOLUTION. MR. FISCHCTTI SECONDED NOTION., NOTION CARRIED UNANIMOUSLY.. ITEM 3. RESOLUTION NO. 86-72REt SILVER ANNIVERSARY CELEB TION COMMITTEE MAYOR LEE READ THE TITLE Of THE RESOLUTION AS FOLLOWSI 'CITY COUNCIL REGULAR MEETING OCTOBER 21, 1986 PAGE 2 OF 4 PAGES A RESOLUTION DISSOLVING THE. CITY'S SILVER ANNIVERSARY CELEBRATION COMMITTEE) PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. uISCUSSION FOLLOWED. MR. NICHOLAS NOTED THAT HE FELT THE MEMBERS OP THE COMMITTEE SHOULD HAVE BEEN NOTIFIED THAT THIS 'ITEM WAS ON THE AGENDA.r VOTE ON THE MOTION WAS UNANIMOUS,. RESOLUTION NO. 66+72 WAS ITEM 4. MOTION REtAPPROVAL OF BEAUTIFICATION BOARD FLIER ON R FERENDUM QUITE ATTORNEY THERIAC PRESENTED COUNCIL WITH A REVISED VERSION OF rtiE BEAUTIFICATION BOARD FLIER. HE EXPLAINEDTHAT IF ,THE CITY -.cxFENDS FUNDS TO DISTRIBUTE THE FLIER,, IT WOULD HAVE TO BE 'dOti—PARTISAN, DISCUSSION FOLLOWED ON THE WORDING OF THE FLIER AND nISPRIBUTION. MR. FISCHETT.I MOVED TO EXPEND CITY FUNDS TO DISTRIBUTE Y'HE BEAUTIFICATION BOARD FLIER. MR. KIDD SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. A COPY OF THE, FLIER IS ATTACHED TO P-HESE MINUTES AND MADE A PART HEREOF BY REFERENCE. .ITEM S. DISCUSSION RES PROCEDURES FOR 'REMOVKL'OF JUNKED MR. THERIAC EXPLAINED THAT REMOVAL OF JUNKED VEHICLES HAS 1,EEN ENFORCED UNDER CODE SECTION 675.21, WHICH STATES; THAT THE PROPERTY OWNER IS' REQUIRED. TO REMOVE SAID VEHICLES WITHIN THIRTY (30) DAYS FROM THE TIME VEHICLE IS POSTED... MR. THERIAC.. THEN EXPLAINED THAT CODE CHAPTER 610 REQUIRES VEHICLE TO BE REMOVED WITHIN TEN (10) DAYS OF BEING TAGGED. NR. THERIAC SUGGESTED THAT REMOVAL OF JUNKED VENICI.89 BE ENFORCED UNDER CHAPTER 610, AS ABANDONED VEHICLES, UNTIL CHAPTER 675, 'LITTER AND WASTE-, IS REWRITTEN. MAYOR LEE PROPOSED THAT AFTER BEING TAGGED, THESE CARS SIT. NO LONGER THAN TEN (10) DAYS, AFTER WHICH THEY WOULD BE TOWED TO THE WASTEWATER. TREATMENT PLANT AND STORED FOR SIXTY (60) DAYS PRIOR TO DISPOSAL. CITY COUNCIL REGULAR MEETING 'OCTOBER 21, 1986 PAGE 3 OF 4 PAGES ARTIS GUNN, BUILDING OFFICIAL, EXPLAINED THAT UNDER THE t.:t ISTING CODE, THE TIME FRAME AFTER POSTING IS THIRTY (30) DAYS. MAYOR LEE GAVE HIM AN ADMINISTRATIVE DIRECTIVE TO. LET CARS SPP NO LONGER THAN TEN (10) DAYS, AND ASKED MR. THERIAC TO PREPARE A REVISED VERSION OF CHAPTER 675 WHICH WOULD REFLECT THIS CHANGE. )ISCUSSION MR. NUTT INFORMED THE COUNCIL THAT THE FLORIDA. LEAGUE OF TIES MUNICIPAL LOAN POOL WAS IN THE PROCESS OF RELAXING THEIR RESr RICTIONS, AND SUGGESTED THAT, AS'A RESULT, IT COULD BE �JtiSI DERED AS A POSSIBLE SOURCE OF FUTURE FUNDING. MR.FISCHETTI. EXPRESSED CONCERN ABOUT CARS PARKING ON THE MEDIAN ON CANAVERAL BEACH BOULEVARD, EVEN THOUGH IT IS POSTED .ITH NO PARKING SIGNS, MAYOR LEE VOLUNTEERED TO CONTACT INSPECTOR WILSON TO DISCUSS.. THE PROBLEM AND REPORT BACK AT THE NEXT WORKSHOP MEETING. THERE BEING NO FURTHER BUSINESS, TBE MEETING WAS ADJOURNED A' 8:03 P.M. ' APPROVED THIS 6th DAY OF NWeter r 1966. ArrEST C�'rY CLERK (THESE MINUTES WERE TRANSCRIBED BY SECRETARY,. VALERIECAMACHE) CITY COUNCIL REGULAR MEETING OCTOBER 21, 1986 PAGE 4 OF 4 PAGES MlCRaFILMED AUG 87 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSICIN,AUTHORITY,OR COMMITTEE k --R-i 'CK i 1biti'ii5 .7) ►�ly of e �- ( ' L MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE ON � Q�/� WHICH I SERVE IS A UNIT OF: 7j 7 ' L/ 1-111R /\ JJ D 'DR . CITY COUNTY I . OTHER LOCAL AGENCY CITY COUNTY C� /�t_ ( 7(j4 6 Aiii __----"iiiq NAMI?OF I'TO`TICAL.SUBDIVISION: DATE�N WHICH VO E OC'URRED h /�>/1/ll' C / 7 } MY POSITION S: /// ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. Cf FOR\I KB 10446 PAGE I _ ! a 1: I _ _ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict,in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. ff DISCLOSURE OF STATE OFFICER'S INTEREST I, AT R t CK , hereby disclose that on /0/7 , 19 (a) A measure came or will come before my agency which (check one) KI inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 1xl/ / q Fi. F o)J THE_ (314c,. QF My pp upr-:- 1 b y 5`6 r -, ,,Ave4 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE 2 CE FORM 8B- 10-86 Cape Canaveral Beautification Board 105 Polk Ave., Cape Canaveral, Fla., 32920 rhe Beautification Board ,urges 'you to carefully consider the Beautification Referendum Question to be submitted to you in the November 4# 1986 election. A few of the projects under consideration area 1. A City-wide cleanup project. 2. Landscaping of median strips and City right-of-ways, to include sprinkler systems and shrubbery installation. 3. Planting oftrees in the City. 4. Continued maintenance of implemented projects. Passage of this referendum will permit funding of projects an ata ted above, and not other City project$ (i.e., sidewalks, bikepaths„ etc.) "I like to see a man proud of the place: in which he lives. I like to see a man live so that his place will be proud of him." ---Abraham Lincoln --- sincerely, CAPE CANAVERAL BEAUTIFICATION BOARD