HomeMy WebLinkAboutMinutes 11-06-1986CITY COUNCIL
REGULAR MEETING
NOVEMBER 6, 1986
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA,. WAS HELD ON NOVEMBER 6, 1986, AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL,FLORIDA.
THE MEETING WAS CALLED TO ORDER AT 7$30P.M. BY MAYOR LEE.
INVOCATION WAS LED BY COUNCILMAN MARCHETTI,� WHICH WAS FOLLOWED BY
THE PLEDGE OF ALLEGIANCE.
THE ROLL WAS .CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR PATRICK LEE, MAYOR PRO TEM LEO NICHOLAS,, COUNCIL,
MEMBERS JERRY FISCHETTI., JEFF: KIDD. ANDMIKE MARCHETTI. ALSO
PRESENT WERE CITY MANAGER FRED NUTT, 'CITY ATTORNEY J114 THERIAC
AND CITY CLERK JAN LESSER.
MR. FISCHETTI MOVED TO FOREGO THE READING OF THE MINUTES OF
THE REGULAR MEETING OF OCTOBER 21, 1986. MR. KIDD SECONDED
MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 28-86 AMENDING CHAPTER 606 BY PROHIBIT-
ING GLASS CONTAINERS IN PUBLIC PARR AND ON BEACHES
(SECOND READING ANDPUBLIC NEARING)'
MAYOR LEE READ THE TITLE OF THE OROINANCE AS FOLLOWS$
AN ORDINANCE OF THE CITY OF:CAPE CANAVERAL,
FLORIDA, REPEALING CHAPTER 606, "REGULATIONS
FOR CITY PARKS', OF THE CODE OP ORDINANCES IN
ITS ENTIRETY;. ESTABLISHING A NEW CHAPTER 606,
"REGULATIONS FOR CITY PARKS AND OCEAN BEACHES*;
PROHIBITING GLASS CONTAINERS IN SAID PARKS,
BEACHES AND DUNE CROSSOVERS$ REPEALING ALL
PORTIONS OF THE 'COOS IN CONFLICT'HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR. FISCHETTI SECONDED
MOTION. NOTION CARRIED UNANIMOUSLY.'
NEW BUSINESS
ITEM 1. ORDINANCE NO. 29-86 AMENDING ZONING REGULATIONS
.SECTION 6 8Y ESTABLISHING NSW REGULATIONS FOR
W MMIN S AND EN UR IRST READING A D
PUBLIC HEARING)
MAYOR LEE READ. THE TITLE OF THE: ORDINANCE AS POLLOWSs
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
REPEALING SECTION 639.47, "SWIMMING POOLS AND
ENCLOSURES' IN ITS ENTIRETY AND REPLACING.
'WITH A NEW SECTION 639.47; REPEALING ALL
CITY CCINCII. raum MEETING
NOVEM" 6, 1986
PACE 1 OF 6 PAGES
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. FISCHETTI MOVED TO APPROVE FIRST READING. MR. NICHOLAS
SECONDED MOTION. DISCUSSION FOLLOWED.
VOTE ON THE MOTION WASUNANIMOUS. ORDINANCE NO. 29-86
APPROVED FIRST READING.
ITEM 2. ORDINANCE NO. 30-86 AMENDING ZONING REGULATIONS BY
C R N THE LANGUAGE IN SECTIONS637.25
D
REGARDING BUILDING LENGTH IFIRSTREADING AND
BLI HEARING)
MAYOR LEE READ THS TITLE OF THE ORDINANCE AS POLLOWSB
AN ORDINANCE AMENDING THE ZONING REGULATIONS.
OF THE CITY OF CAPE CANAVERAL, FLORIDA. BY
CLARIFYING THE LANGUAGE IN SECTIONS 637.25
AND 637.39 REGARDING BUILDING LENGTHI REPEAL-
ING ALL PORTIONS OF. THE CODE IN CONFLICT
HEREWITHI PROVIDING AN EFFECTIVE DATE.'.
MR. NICHOLAS MOVED TO APPROVE FIRST READING.MR KIDD
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3.ORDINANCE NO. 31-86 AMENDING ZONING REGULATIONS BY
ALLOW NG PARKING IN SIDE SETBACKS N CORNER LOTS IN
C- ZONE /FIRST READING AND PUBLIC HEARING
MAYOR LEE, READ THE TITLE OF THE ORDINANCE AS FOLLOWS;,
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE :CITY OF CAPE CANAVERAL, FLORIDA, BY
AMENDING SECTION 639.21, "SETBACK ENCROACH-
MENTS" BY ALLOWING PARKING IN SIDE SETBACKS
ON CORNER LOTS 'IN THE COMMERCIAL ZONING'
DISTRICTIREPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HZREWITHI PROVIDING. AN EFFECTIVE
DATE.
MR MARCHETTI MOVED TO APPROVE,PIRST READING. MR. FISCHETTI'
SECONDED MOTION.. NOTION. CARRIED. UNANIMOUSLY.
ITEM 4. ORDINANCE NO. 32-86 AMENDING CFIAPTER 610 10 ALLOW
FOR REMOVAL F JUN AND JUNKED VEHICLES IFIRST
READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS;
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA,' AMENDING CHAPTER
610, :-ABANDONED PROPERTY, SUPPLEMENTAL
.PROCEDURE FOR REMOVAL AND DESTRUCTION", BY
ALLOWING FOR REMOVAL OF JUNK AND JUNK-
VEHICLESI REPEALING ALL PORTIONS: OF THE CODE
IN CONFLICT NSREWITHS PROVIDING AN EFFECTIVE
DATE.
MR. FISCHZTTI MOVED TO APPROVE FIRST READING. MR. 9100
SECONDEDMOTION. 'MAYOR LEE EXPLAINED THAT ADOPTION OF THIS
CITY COUNCIL REGULAR MEETING
NOVEMBER 6, 1986
PACE 2 OF 6 PAGES
ORDINANCE WOULD SPEEDUP THE PROCESS FOR REMOVAL OF JUNK
VKH ICLES.
VOTE ON THE MOTION WAS UNANIMOUS,
ITEM 5. ORDINANCE NO, 33-86 AMENDING CHAPTER
612T2 DELETE
REFERENCE TOJUN R JU K VEHICLES FIRST READING
AND PUBLIC HEARING)
,MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWSt
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL.:
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 675
"LITTER AND WASTE", BY DELETING REFERENCES TO
JUNK OR JUNKVEHICLESI REPEALING ALL PORTIONS,
OF THE CODE IN CONFLICT. HEREWITH; PROVIDING
AN EFFECTIVE DATE,.
MR. KIDD MOVED TO'APPROVE FIRST READING. MR. FISCHETTI
SECONDED. MOTION, ,
CITY ATTORNEY, JI14 THERIAC, EXPLAINED THAT ADOPTION OF THIS
ORDINANCE WOULD DELETE THE REFERENCE TO JUNK OR JUNK VEHICLES,
SINCE THEY WOULD BE ADDRESSED IN CHAPTER 610.
VOTE ON THE MOTION WAS UNANIMOUS, ORDINANCE ND. 33-86 ,WAS
APPROVED FIRST READING.
ITEM 6. RESOLUTION NO. 06-73 CERTIFYING RESULTS OF GENERAL
ELECTION
MAYOR LEE READ THE TITLE OF THE RESOLUTION ASFOLLOWS$
A RESOLUTION CERTIFYING THE RESULTS. OF THE
GENERAL ELECTION OF NOVEMBER 4, 19661
PROVIDING AN EFFECTIVE DATE,
MR, FISCHETTI MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION.
MOTION. CARRIED UNANIMOUSLY, MR. KIDD AND MR. MOOG WILL ASSUME
THEIR SEATS ON. NOVEMBER 18,
DISCUSSION FOLLOWED ON THE BEAUTIFICATION TAX THAT WAS
APPROVED:
ITEM 7. RESOLUTION NO. 86-74PLAT APPROVAL JEFFERSON
TOWNHONES 0 -UNITS LOTS AND BLOCK 5 AVON-
. BY -THE SEA JEFFERSON AVENUE - THUMA5 B:
INN
MAYOR LEE READ THE TITLE OF,THE RESOLUTION AS FOLLOWSt
ARESOLUTION APPROVING THE PLAT OF "JEFFERSON
TOWNHOMES"i AUTHORISING THE MAYOR AND CITY
CLERK TO CERTIFY THE PLATI PROVIDIN¢ AN
EFFECTIVE VATS.
MR. MARCHETTI MOVED FOR. ADOPTION. MR. KIDD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL RFXIIIAR MEETING
NOVEMBER 6. 1986
PAGE 3 OF 6 PAGES
ITEM 8. MOTION REI CANCELLING WORKSHOP MEETING OF NOVEMBER
27TH (THANKSGIVING) AND COMBINING WITH REGULAR
MEETING OF DECEMBER 2ND
MR. MARCHETTI BO MOVED. MR. .KIDD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.'
ITEM 9. DISCUSSION REr 1!-FOOT'BUFFER ZONE BETWEEN HARBOR
HEIGHTS AND VILLAGES OP SEAPORT
MAYOR LEE EXPLAINED THAT OUT OF THE 37 LETTERS. THAT WERE
MAILED TO THE PROPERTY OWNERS, 30 HAD REPLIED, WITH POUR OWNERS
INDICATING THEY DID NOT WISH TO RECEIVE THE PROPERTY. DISCUSSION
FOLLOWED.
MR. NICHOLAS MOVED TO HAVE THE CITY ATTORNEY SEND CERTIFIED
LETTERS TO THE PROPERTY OWNERS THAT INDICATED .THEY WISHED NOT TO
RECEIVE THE PROPERTY FROM THE CITY AND EXPLAIN THAT IT MAY BE,
OFFERED TO AN ADJACENT OWNER. ALSO,. TO SEND CERTIFIED LETTERS TO
THE PROPERTY OWNERS WHO HAD NOT RESPONDED. MR. MARCHETTI
SECONDED MOTION.
IT WAS NOTED BY. THE BUILDING OFFICIAL THAT BY DEEDING THIS
PROPERTY TO THE CITY IT MAY AFFECT THE VILLAGES OF SEAPORT
DENSITY CALCULATIONS. MAYOR. LEE EXPLAINED THAT THE DEEDING OF
THE PROPERTY WAS CONTINGENT UPON IT NOT AFFECTING SAME. MR. GUNN
WAS ASKED TO CHECK INTO THE THE DENSITY.
VOTE ON THE MOTION WAS .AS POLLOWSt INFAVOR, MR. FISCHETTI,
MR. KIDD, MR. MARCHETTI AND MR. NICHOLAS. MAYOR LEE ABSTAINED
FROM VOTING DUE TO THE FACT THAT HE OWNS PROPERTY ABUTTING THE
BUFFER ZONE. MOTION CARRIED.
ITEM 10 DISCUSSION REt CITIZEN COMPLAINT -
MR. NUTT EXPLAINED THAT .THE DEBRIS IN QUESTION WAS LOCATED
' ON PRIVATE PROPERTY. HE FURTHER NOTED THAT THE CONVERSATION THE
EMPLOYEE HAD WITH THE PROPERTY OWNER REGARDING REMOVAL OF THE
DEBRIS TOOK PLACE AFTER WORKING HOURS, OUTSIDE OF THE CITY
LIMITS. MR. NUTT'INPONMED COUNCIL THAT. THE EMPLOYES HAD BEEN
DISCIPLINED FOR BIB ATTITUDE TOWARDS THE CITIZEN.
CITY CLERK, .TAN LESSER, ASKED COUNCIL TO CONSIDER AN ADD-ON
ITEM APPOINTING A MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENTS
CITY COUNCIL Fzmn R MEEFING
NOMIM 6, 1966
PAGE 4 OF 6 PAGES
APPEALS DUE TO THE FACT THAT THERE IS ACASE PENDING BEFORt:
;.iii' BOARD, AND SINCE MR. HOOD WAS ELECTED TO THE CITY COUNCIL HE
OAN NO LONGER SIT AS A BOARD MEMBER. DISCUSSION. FOLLOWED. MR.
DONALD HAYNES WAS IN THE AUDIENCE AND WAS ASKED IF HE WOULD SIT
ON THE BOARD, HE ANSWERED IN THE AFFIRMATIVE. MR. MARCHETTI,
NOTED THAT HE THOUGHT MR. HAYNES SHOULD BE GIVEN MORE TIME TO
CONSIDER THE POSITION. MR. NICHOLAS MOVED, TO ADD THE POLLOWIN3
ITEM To THE AGENDA. MR. KIDD SECONDED MOTION. ,VOTE ON .THE
MOTION WAS AS POLLOWS1 IN FAVOR, MR.. FISCHETTI, MR. KIDD, MAYOR
LEE AND MR.NICHOLAS$ OPPOSED, MR. MARCHETTI. MOTION CARRIED.
ER TO
ADD-DN ITEMS CONSTRUCTIONOlZMBOARD OPAADJUNTMENTS A DBAPPEALSNE
MAYOR LEE READ THE TITLE OP THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING A MEMBER TO THE
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
IN ACCORDANCE WITH THE STANDARD BUILDING
'.CODE[ PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS .MOVED TO ADOPT RESOLUTION NO. 86-75 WITH THE
NAME OF DONALD HAYNES. INSERTED IN SECTION I. MR. FISCHETTI
SECONDED MOTION. MOTION CARRIED UNANIOUSLY.
CITY MANAGER, FRED NUTT, PRESENTED COUNCIL WITH HIS LETTER
OF RESIGNATION, EFFECTIVE' DECEMBER S. MR. NICHOLAS MOVED TO ADD
THE FOLLOWING ITEM TO THE AGENDA.. MR, KIDD SECONDED MOTION.
MDTION CARRIED UNANIMOUSLY,
ADD-ON ITEM: IM.IA�NAGER OFREDER CK.C.ER TT REFFECTTVEND£REMBERTS
6
MRL NICHOLAS SO MOVED. MR. KIDD SECONDED MOTION. MR.
MARCHETTI AND MR. FISCHETTI NOTED-THAT THE RESIGNATION WOULD BE
ACCEPTED WITH REGRETS. VOTE AN THE MOTION WAS UNANIMOUS.
O DISCUSSION
MR. NUTT NOTED THAT THE MAPS DEPICTING THE PROPOSED COASTAL
CONSTRUCTION CONTROL LINE WERE ON DISPLAY IN THE CITY HALL ANNEX
LOBBY.. HE FURTHER NOTED THAT THE LLNE HAD NOT MOVED SINCE THE
PRELIMINARY DRAWINGS AND FINAL VOTE ON THE NEW LINE WILL BE HELD
ON.DECEMBER 2.
MR. MARCHETTI WISHED MR. FISCHETTI LUCK AND THANKED HIM FOR
HIS SERVICE TO THE CITY..
CITY CDUiCZ RDGULAR MEETING
NRJOMM 6, 1986
PACE 5 OF 6 PAGES
Ail ICROFIUAED AUG -8,7
FORM 8B MEMORANDUM OF VOTING .CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST N E-MIDDLE NAME -----, NAME OF BOARD, COUNCIL, COMMISSION, A rHORITY, OR COMMITTEE
MAILING ADDRESS THE BOARD,/COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
/ //,{/ �
WHICH I SERVE IS A UNIT OF:
(� CITY COUNTY I ! OTHER LOCAL AGENCY
CITY COUNTY
(,)CV_ ' / _ '� NAME OF POLI'1lCAL.SUBDIVISION:
DATE ON WHICH VOTE OCCiRED
// 6` /�� MY POSITION IS: ` J
`/y�`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.
(1 1(:I\I KB IU.86 ' PAGE I
MICROFILMED AUG 87
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.
DISCLOSURE OF STATE OFFICER'S INTEREST
I,
I ICS ( /_ t , hereby disclose that on _ >> , 19 a :
(a) A measure came or will come before my agency which (check one)
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:
n e)-t
1/
I ( �� 1 A
l
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