HomeMy WebLinkAboutMinutes 02-05-1963• o
:'inutes of Ocular
February 5, 1963
A regular necting'of ,tile City Council Of 'Cape Canaveral, vas held
at 7 :30 P, 'I., February 5, 1963, 'It, the Teaporary City 11,111, 109 Buchanan
aa., Cane Canaveral, Florida.
City Officials, Present here: Ifayor R. A. Janieson, George G. Rogers,
1-co D. Collins,'C. F. Applegate, 4illi= Eberwein, A. D. Anderson, City Clorl:,
Shirley Jcnlans and City Attorney Gcorge iatcltl0.
7710 neetin3 vas called to order by "'r.. ^,orors, President of tile.Courcil,
77:0 ❑inutos of regular pectin, of January 15, 1963 wero read and corrected
as . °ollovs:
Paragraph 6 - ;)cicte the words "locate his store" and insert the
words "sell alcoholic beveragos ".
On a motion iande by ! :r. Applegate, seconded by '!r. Collins and passed
unanimously, the ninutes wore accepted.
1. ,Tile contract with Briley, Vild i Associates was returned by the
City Attorney and given to the IIayor for signature , the 1!ayor stated tliat
fie was aware of the resolution the council had passed accepting the contract,
ha suggested that the contract be taken to Mr. Lindsey �h4 .4
> Titusville,
Plorid; as i:r. Lindsey would bathe one we vould go to for a loan. After a
^eneral discussion, it was suggested by tine council that :!r.
Rogers tnl:c the
contract to L'r. Lindsey end discuss it with hin.
2. Tine Utility Tax 'Ordinance Mo. 14_63, was signed and returned by the
::ayor. !!r. Rogers read a letter frog the City of Cocoa (Pater Department,
reference Tine Utility Talc Ordinance, stating that any additional e:aronses
incurred in collecting tine Utility Tax for the City of. Cane Canaveral would
have to be paid by the City. A cost analysis is being prepared by tile% atcr
Dcpartacnt.
A legal opinion was submitted by the City Attorney re: "Is a Utility
Tax Ordinance, nade in confornance with Florida Statut" 167.431, able to
inpose the :tax on the Purchase of fuel oil whereby said tae would Le assessed
acainst the consnner ?" '!r. 7itcLie stated that it Was his opinion that it
"inutes of l'c;ulcr
Fcbrunr, 5, 1965
would be in conformance with Florida Loa to amend the Utility Tax
Ordinance by striking the words "fuel oil" where ever nresent. It vas
agreed by the council that the Utility Tax Ordinance be amended and read
at the next regular meeting,
3. Police and Safety Ordinance - The City Attorney submitted to the
council the Attorney General's, opinion as to whether the ilayor and council
could act independently and appoint a Police Chief. This opinion is attached
hereto and made a part hereof. :It. Ritchie stated that the Ordinance was
in accordance with the General Statues and that the Ordinance should connly
with the Charter. After a general discussion, it was agreed by the council
that fir. Ritchio compare the Police and Safety Ordinance with the Charter.
4. Garbage Franchise - llr. Ritchio submitted to the council - Resolution
No. 21, 1963, a Resolution granting to Cananvoral Disposal Service Inc., a
Postponement of certain payments to the City of Cape Canaveral, and a method
Of Payment of said amount and a supplemental Franchise Agreement.
!Ir. Rogers read the Supplemental Franchise Agreement Uetucen the City
of Cape Cananvoral and the Canaveral Disposal Service Inc. 'Ir. Collins
stated that the twenty hour a week secretarial service as agreed upon in to
original franchise was not being complied with and suggested that the City be
paid for this service. After a gcnoral discussion, a notion was made by
!!r. Applegate, seconded by ldr. Uberwein, that the supplemental Franchise
Agreement be accepted and to take up all other points after meeting. !lotion
carried, The vote was three for (:1r.. Applegate, !Ir. Eberwein and Hr. Rogers)
and two against (64r. Collins and fir. Anderson).
ORANTIND
Resolution !!o. 21, 1963, entitled "A RCSOLUTIO :Y TO CA1M11111 L DISPOSAL
SE•RVICC'INC. A POSTPONMIENT OF CERTAIN PA (WITS TO 711E CITY OF CAPE CXMVEP.AL,
AND A IIETIIOD OF PAY1,1W OF SAID AMOUNT:, was read. A motion was nadc by !'r.
Cborwoin, seconded by fir. Applegate, . that the resolution No. 21, 1963, be
accepted. 6!otion carried. The vote tans four for (Rogers, Applegate, Ebor;ein
and Anderson) Hr, Collins obstained.
S. City's Recreation Park - fir. Anderson stated that lie hod tallied to
George king, County Commissioner, in reference to the park and was told
that it was a matter of tbmc, that we line, notiin; to worry atont the pm9-.,
' ® Niputes of Regular :lectinl; pr,, 3
rebraary 5, 1965
G. Gas Franchise - A notion was rude by '!r. Applegate, seconded by !'r.
Fberwcin and passed unanimously that the Gas Franchise be tabled until a
Cngincering fim was selected.
7. Hr. Rogers read the treasury report and stated that a bill for a "15.00
for :rotary Service rendered on incorporation date by Mrs. Noma H. 11eide be added
to the bills for approval. On a notion made by Hr. Anderson, seconded by !;r.
Sberwein and passed unanimously the list of bills were approved for payment.
S. ter. La Couture ropresentim lie. Steele, requested permission from the
council for a liquor license for a proposed bowling alley to be located on S.". 401
on a portion of Shuford Hills property. A motion was mode by Hr. Applegate,
seconded by,Hr. Collins and passed unanimously that this item be tabled until
the plans were presented to .the zoning board.
9. ,jr. Bovio withdrew their request for a. variance for permission to sell
r.lcoholic beverages on their property accross from the now existing church.
10, Mr. B. B* Purcell suggested that the beach front land owners lie alloved.
to use the sand on the beach to build a bulkhead line. tit. Rogers read n letter
from Governor Bryant in reference to the beach erosion. It was agreed by the
council that the city Attorney would, look into this matter,
11. Mayor Jamieson offered the following Resolution in reference to tile
contract with Briley, 1:!ild F, Associates.
RESOLUTION NO. 2
IT IS NL9L:BY RESOLVED that the City Council IMS aceerteei U:is contract
by Resolution No. 20. This contract will becone effective uron dating and
signing by the !:ayor.
Cu a notion nadc. by :;r. Collins, seconded by I:r. AiWersmn and passes
unanimously the resolution was accepted.
12. A general discussion was held with' tkc council in reference to
the Charter, 1!r. Collins stated ti:at tae Gharter a:culd be returned to tile .
council for acceptance and tint n cosy could be .rode end rond to the puhlic.
.. 'lotion was vale by :!r. Applegate, seconded by !:r. Eben:cin cnd sscL
unanimously that the :;noting be adjorree.
::cotir. was adjorne3 nt 9:35 P