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HomeMy WebLinkAboutMinutes 03-02-1982REGULAR MEETING CITY COUNCIL MARCH 2, 1982 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON MARCH 2, 1982 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY 4IAYOR J.L. ,IURPHY, JR. AT 7:30PM. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS J. CALVERT, L.C.NICHOLAS AND W. RUTHERFORD; CITY ATTORNEY/MANAGER J. SCOTT AND CITY CLERK P. BEAULIEU. COUNCILWOMAN L. HARRIS WAS ABSENT DUE TO OUT OF TOWN BUSINESS. MR. RUTHERFORD PIOVED TO WAIVE THE READING OF THE MINUTES OF FEBRUARY 16, 1982- MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS I ITEM1. d�TH PR- ELIp�It ARyRWORR FORTREPAVINGRPROJF.OT_TO CEF.D IT WAS EXPLAINED THAT BEFORE ADOPTING A RESOLUTION AUTHORIZING THIS PROJECT, THE CITY WOULD .HAVE TO DETERMINE HOW :SUCH REPAVING WOULD COST ON A FRONT FOOT BASIS AND HOW MUCH IT WOULD COST INDIVIDUAL PROPERTY ObINERS WHICH WOULD BE AFFECTED BY THE REPAVING. Sid ORDER TO DO THAT, IT WOULD BE NECESSARY TO FIND OUT THE TOTAL COST OF THE PROJECT AND PRORATIONS AND ALSO DETER14INE THE OWNERS OF THE PROPERTY. MAYOR MURPHY MOVED TO AUTHORIZE THE .CITY ATTORNEY TO, INITIATE THE PRELIMINARY WORK FOR REPAVING SURF DRIVE, CIRCLE DRIVE, EAST CENTRAL AND THAT PORTION OF RIDGEWOOD AVENUE BETWEEN EAST CENTRAL AND SURF AND. ACCOMPLISHING SUCH REPAVING BY SPECIAL ASSESSMENT AND AUTHORIZING PRELIMINARY ENGINEERING FEES NOT TO EXCEED $1,000. MR. RUTHERFORD SECONDED MOTION. CITIZENS IN THE AUDIENCE SPOKE VOICING THEIR OPINIONS 0% THIS REPAVING PROJECT. A SUGGESTION WAS IADE TO RUN SEI;`ER LATERALS ON THE LOTS WHERE THERE. ARE NO EXISTING LATERALS IN ORDER TO PREVENT FUTURE CUTS INTO THE NP.41LY PAVED STREETS. THE CITY ATTORNEY WAS ALSO REQUESTED TO 'LOOK INTO THE POSSIBILITY OF PAVING PATCHES 1411ERE THE STREET WAS IN PARTICULARLY POOR CONDITION, VOTE ON THE NOTION ON THE FLOOR CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ORDINANCE N0. 3-82 Af1ENDING TAXI REGULATIONS CODE C. Tte 7 FIRST READING AND P BLIC HEARING) MAYOR MURPHY READ THE, TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 725 OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA ENTITLED "TAXI REGULATIONS" BY REPEALING THE CURRENT TAXI REGULATIONS PROVISIONS AND REPLACING IT WITH THE REVISED TAXI REGULATIONS; PROVIDING AN EFFECTIVE DATE, ;IRS. CALVERT MOVED TO APPROVE FIRST READING. MR. RUTHERFORD SECONDED MOTION, MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 4-82 AMENDING 361.01(TADMINISTRATIVE qC RE IEW RSTREADI ND UB I EA I MAYOR IIURPHY READ THE TITLE OF.THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 361 OF THE CITY CODE. OFTHE CITY OF CAPE CANAVERAL, FLORIDA ENTITLED "ADMINISTRATIVE REVIEW" BY REPEALING SECTION 361.01(c); REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE,. MR. RUTHERFORD MOVED TO, APPROVE FIRST READING. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION N0. 82-12 RE: BOAT RAMP ON EAU GALLIE CA S7 MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REQUESTING FLORIDA DOT TO INCLUDE STRUCTURE FOR THEEAU FOR GALLIESHING CAUSEWAY, ANDE14 TOBRIDGE INCLUDE THE PROVISION OF FOUR BOAT MIPS AS PART OF THE CAUSEWAY IMPROVEMENT PROJECT. MOTION TO APPROVE RESOLUTION WAS SECONDED AND VOTE CARRIED UNANIMOUSLY BY THOSE .MEMBERS ,IN ATTENDANCE. COUNCILMAN NICHOLAS HAD STEPPED OUT OF THE ROOM PRIOR TO THE CALLING OF THE QUESTION. ITEM 4. RESOLUTION NO. 82-13 RE: AGREEMENT BETWEEN CITY NNIS I S H 0 MAYOR MURPHY READ THE RESOLUTION ENTITLED: A RESOLUTION ESTABLISHING AN 'AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND RONALD B. HILBURN TO PROVIDE TENNIS INSTRUCTIONS AT THE RECREATION COMPLEX; PROVIDING AN EFFECTIVE DATE. COUNCIL MINUTES MARCH 2, 1982 PAGE 2 OF 5 PLUS ATTACHMENT MR. RUTHERFORD MOVED FOR ADOPTION. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 82-14 RE: TAXATION WITHOUT REPRESENTATION I TIC IR 0 IS MAYOR MURPHY READ THE RESOLUTION ENTITLED; A RESOLUTION REQUESTING THE BREVARD LEGISLATIVE DELEGATION TO CANCEL PROPOSED AMENDMENT TO SECTION 7 OF SPECIAL ACT CHAPTER 63-1143; APPOINTMENT RICHARD J. TILLMAN AS LIAISON AND CONSULTANT WITH NO COMPENSATION REGARDING "TICO" AIRPORT AUTHORITY; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY REQUESTED. THAT THE CITY CLERK FORWARD A COPY OF THIS RESOLUTION TO MR. RICHARD TILLMAN AND ANY ADDITIONAL APPROPRIATE DISTRIBUTION. ITEM 6. RESOLUTION N0. 82-15 RE: ANNUAL RENE14AL OF LOAN WITH NITED N TIO A BA K OR BLOCK MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO RENEW A LOAN WITH UNITED NATIONAL BANK FOR THE PURCHASE OF BLOCK 47, AVON -BY -THE -SEA SUBDIVISIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY LOAN DOCUMENTS TO RENEW THAT LOAN; BY PLEDGING CERTAIN FRANCHISE FEES AS COLLATERAL FOR SAID LOAN; BY PROVIDING AN EFFECTIVE DATE. NRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. RESOLUTION NO. 82-16 RE: APPOINTMENT OF LIBRARY BOARD MEMBERS MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING DON THOMPSON AND MARY KIRBY TO THE LIBRARY BOARD. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING REGULAR MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. NIRS. CALVERT.MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. RESOLUTION N0. 82-17 RE: SETTING PUBLIC HEARING DATE bOR ACA1'ION OF ROAD EASE ON 0 OSED BANAN IVER EXTENSION MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: COUNCIL MINUTES MARCH 2, 1982 PAGE 3 OF 5 PLUS ATTACHMENT ARESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING FOR THE VACATION OF A PORTION OF THE PROPOSED BANANA RIVER EXTENSION EASEMENT; AUTHORIZING CITY CLERK TO ADVERTISE SUCH PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. PIR. NICHOLAS MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. IT WAS EXPLAINED THAT THE CITY WAS VACATING ONE-HALF OF A 40 FT. EASEMENT AND THE CITY WOULD RECEIVE A 10 FT. UTILITY EASEMENT FOR FUTURE USE. IT WAS NOTED THAT THE PUBLIC HEARING REGARDING THIS VACATING WOULD BE HELD ON APRIL 6, 1982. VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION 82-17, CARRIED UNANIMOUSLY. ITEM 9. MOTION RE: 1980-81 AUDIT MAYOR MURPHY EXPLAINED THAT THE COUNCIL HAD RECENTLY RECEIVED THE 1.980-81 AUDIT AND THAT THE COUNCIL WAS REQUIRED TO. APPROVE THE AUDIT. MR. RUTHERFORD MOVED FOR APPROVAL. MR. NICHOLAS SECONDED .MOTION. CITY MANAGER SCOTT REPORTED THAT THE MAJORITY OF ITEMS CITED IN THE AUDIT HAD BEEN CORRECTED. MR. SCOTT REPORTED THAT THE TWO MATERIAL.COMIIENTS WERE. BEING RESPONDED TO AT THIS. TIME AND WOULD BE SENT TO THE AUDITOR GENERAL. MOTION ON THE FLOOR CARRIED UNANIMOUSLY. ITEM 10. NOTION RE: BUDGET TRANSFERS COUNCIL HAD BEFORE THEM A LIST OF SUGGESTED BUDGET TRANSFERS. MAYOR MURPHY READ THE RECOMMENDED TRANSFERS ALOUD. MAYOR MURPHY MOVED TO APPROVE THE TRANSFERS. MRS. CALVERT SECONDED NOTION.. MOTION CARRIED UNANIMOUSLY. SUBJECT LIST IS ATTACHED TO THESE MINUTES. ITEM 11. MOTION REBID AWARD - WASTEWATER TREATMENT A T IIOIST CITY MANAGER SCOTT REQUESTED COUNCIL POSTPONE THIS ITEM. COUNCIL MINUTES MARCH 2, 1982 PAGE 4 OF 5 PLUS ATTACHMENT MAYOR MURPHY MOVED TO POSTPONE UNTIL COUNCIL MEETS AGAIN. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION DISCUSSION ITEMS COVERED THE FOLLOWING: REPORT FROM DEPARTMENT OF ENVIRONMENTAL REGULATION ON RECENT SEWER PLANT INSPECTION; UPCOMING BREVARD LEAGUE MEETING; REQUEST TO CITY MANAGER TO RESPOND TO COUNTY'S 201 FINAL DRAFT IN REGARD TO THE ALTERNATIVES FOR CAPE CANAVERAL; REQUEST TO CITY MANAGER TO .REVIEW JETTY PARK SEWER CONNECTIONS AND OVERNIGHTRENTAL SPACES ON NORTH SIDE OF PARK, AND ATTORNEY SCOTT INFORMED, COUNCIL OF AN UPCOMING MEETING WITH PORT MANAGER ROWLAND. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 8:43PM. APPROVED THIS 1r, DAY OF ninarn' 1982. l ' jwl MAYORTO TEM � 1 � CITY CLERK COUNCIL MINUTES MARCH 2, 1982 PAGE 5 OF 5 PLUS ATTACHMENT , M EFtO 1 . DATE:, FEBRUARY 25, 1982 TO: MAY0R AND CITY COUNCIL FRO.A: DEPT. TREASURER SUBJECT: BUDGET CHANGES CONTRACTED SERVICES CITY MANAGER: FOR THE REMAINING FISCAL 81/82 (7�j MONTHS FROM FEBR. 15 THRU SEPT. 30, 82 THE CITY MANAGERS SALARY SHOULD BE PAID AS FOLLOWS: & 7,500.00 FROM ADMINISTRATIVE SALARIES 001-513-11 - 4,500.00 TO CONTR. SERVICES CITY MGR., 001-513-31 FROM ADMINISTRATIVE SALARIES 401-525-11 - 2,250.00 TO CONTR. SERVICES CITY MGR. 401-525-31 FROM ADMINISTRATIVE SALARIES 402-572-11 - 750.00. TO CONTR. SERVICES CITY MGR. 402-572-31 TO PAY YEARLY MEMBERSHIP DUES JAN. 82 THRU JAN. 83 TO COCOA BEACH AREA CHAMBER OF COMMERCE THE FOLLOWING TRANSFER IS REQUESTED: FROM ADMINISTMTION MISCELLANEOUS 001-513-495 '100.00 TO SUBSCH. & MEMBERSHIP DUES '001-513-54 IN ORDER TO PURrHASE LAB SUPPLIES AS PER ATTACHED STATEMENT FROM L. WALTEI4IRE THE FOLLOWING BUDGET TRANSFER IS REQUESTED: FRO`! REPAIR & MAINT. 401-525-462 - 60G.UG TO LAB SUPPLIES 401-525-526 ATTACHMENT TO MINUTES OF MARCH 2, 1982