HomeMy WebLinkAboutMinutes 08-17-1982CITY COUNCIL
REGULAR METING
AUGUST 17, 1982
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA WAS HELD ON AUGUST 17, 1982 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL,. FLORIDA.
'Tilt MtETIIJG !?AS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY, JR.
AT 7:30Pa.
THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PIESENT 4IERF.:
m
MAYOR JOHNSON L. MURPHY, JR., COUNCILhIEhIBGRS L. INRRIS, L. NICHOLAS
AND !4. RUTHERFORD. COUNCIL MEMBERS ABSENT: J. CALVERT.
ALSO PRESENT WERE CITY ATTORNEYMNAGER J. SCOTT AND FECRETARY
G..!1ELLS.
M. RUTHERFORD MOVED TO FAIVE THF. READING OF THE iIINUTES OF
AUGUST 3, 1982., TIPS. HARRIS SECONDED NOTION.NOTION CARRIED
UNANIiIOUSLY.
UNFIh11511ED B'JSINrSS
ITEM 1. ORDIt1ANCE N0. 13-a26R : ADOPOR1ING'1982 EDAN
I 1,1�BLIC
STANDA BUIL I
t1AYOR MURPHY READ THE TITLE. OF THE ORDINANCE AS FOLLOWS:
CITY
AN ORDINANCE REPEALING C!AP^.rR 611 OF
FATHE SUBSTITUTINGOF THE CITY OF CAPE CANAVERAL, ADOPTING
THEREFORE CHAPTER 611 ENTITLED BTO INSG CODE;
VARInUS STANDARD CODES RELATING TO INSP^.CTPLORIDA, AND
ACTIVITIES OF THE CITY OF CAPE CANAVERAL,
GNFORCEMI, OF BUILDING PROVISIONS, AS PROVIDED Iii SAID
CODES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREVITF; PROVIDING AN EFFECTIVE, DATE.
DISCUSSION FOLLOWED.MAYO'i [IU!tPIIY 1lOVrD TO POSTPONE ACTION
ON THIS AGENDA.ITEh1 UNTIL THE NEXT COIJ14CIL MEETING. NR. RUTHERFOitD
SECONDED MOTION. MOTIMN CARRIrD UNANIMOUSLY, THIS 17Et1 IS TO BE
PLACED ON THE SEPTEMBER 2, 1902 WORKSHOP AGENDA.
ITEM 2. ORDIilA2ICE NO, 14-82 RE: AhIE41➢I`.tG CODE CiAnTER 685
PARKING REGULATIOtIS SECOND REA.DItIG.AtJ➢ PUBLIC HEARING)
iV'YOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLO11S:
All ORDINANCE Ah1ENDINC, CHAPTER 685
FTHE CT -BY REPEALINGTY DE OF
CHAPTER
NEW ,HE CITY OF CAPE CANAVERAL,
685 AND REPLACING IT WITPENALTIF..SHTF:ERET0PTER S5PROHIBITING
RF.GULATIOIIS"
PARKING ONDUNES; REPEPL�VIDIIC ANNG ALL RGFPECTIVETDATE D
IN CONFLICT Il: ".r:1ITH;
CITY COUNCIL MINUTES
8-17-82
PAGE 1 OP i.
MRS. HARRIS MOVED FOR ADOPTION. MR. NICHOLAS SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY. SECOND READING ,AND PUBLIC HEARING APPROVED.
ITEM 3. ORDINANCE NO. 15-82 RE: AMENDING THE CITY CHARTER RE:
VACANCIES IN ELECTEDOF ND SUBMITTING AMENDMENT
TO ELECTORS 01; REFERENDUM (SEGrIND READING AND PUBLIC
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY
OF CAPE CANAVERAL, FLORIDA, A PROPOSED AMENDMENT TO
ARTICLE III, SECTION 4 OF THE CITY CHARTER RELATING
TO VACANCIES IN ELECTED OFFICES AND THEIR LENGTH
OF TERM;PROCEDURE OF FILING AMENDMEVT; ESTABLISHING
THE LANGUAGE FOR THE PROPOSED AMENDMENT TO ARTICLE
.III, SECTION 4, OF THE CHARTER OF CAPE CANAVERAL,
FLORIDA, IN THE REFERENDUM; REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE. DATE.
MAYOR MURPHY, EXPLAINED THAT APPROVAL OF THIS ORDINANCE YOULD
BRING THE PROCEDURE FOR HANDLING COUNCIL MEMBER VACANCIES CONSISTENT
WITH THE PROCEDURE FOR HANDLING A VACANCY FOR MAYOR. THE FOLLOUING
VERBAGE WILL BE ON THE BALLOT:
"IF ANY VACANCY OCCURS IN THE .CITY COUNCIL FOR
ANY REASON OTPER THAN THE RECALL OF A COUNCIL
PERSON, THE CITY COUNCIL SHALL, WITHIN THIRTY
(30) DAYS FOLLOWING THE OCCURRENCE OFA VACANCY,
'ELECT A'SUCCESSOR COUNCIL PERSON l•H10 SPALL SERVE
UNTIL THE NEXT GENERAL ELECTION. AT THE NEXT
GENERAL ELECTION, THE VACANT POSITION SHALL BE
FILLED BY A VOTE OF THE ELECTORS FOR THE
REMAINDER OF THE ORIGINAL TERM."
MRS. HARRIS MOVED FOR. ADOPTION. MAYOR MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY. SECOND READING AND PUBLIC HEARING
APPROVED.
NEW .BUSINESS
ITEM 1. ORDINANCE 140. 16-82 RE: REFERENDUM OUESTION ON.
DENSITY •I35TEA `I . IIT UBLI -ARI mi)
MAYOR MURPHY READ THE TITLE OF THE ORDINAMCE AS FOLLOWS:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY
OF CAPE CANAVERAL, FLORIDA A.PROPOSED AMENDMCi1T TO
CHAPTER 630, "ZONING REGULATIONS", LOWERING THE
DENSITY FROM FIFTEEN (15) UNITS PER ACRE TO THIRTEEN.
(13) U14ITS PER ACRE; ESTABLISHI14G THE LA14GUAGE FOR THE
PROPOSED AMENDMENT; REPEALING ALL PORTIONS OF THE CODE.
IN COI'.FLICTHEREWITH; PROVIDING AN EFFECTIVE DATE.
MRS. HARRIS `LOVED FOR ADOPTION. TIISRE WAS NO SECOND. VOTE ON
THE MOTION. OF THE FLOOR DIED FOR LACK OF A SECOND MOTION.
CITY COUNCIL MINUTES
8-17-82
PAGE 2 OF 5.
ITEM 2. RESOLUTION 110.'82-41 RE: APPOINTMENT OF ALTERNATE MEMBER
TOTE PLANNING ANDING 0
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
ARESOLUTION APPOINTING AN ALTERNATE MEMBER TO
THE PLANNING AND ZONING. BOARD; PROVIDING AN EFFECTIVE
DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MAYOR MURPHY SECONDED MOTION.
DISCUSSION FOLLOWED. VOTE ON THE MOTION ON TEE FLOOR WAS AS FOLLOWS:
IN FAVOR - MAYOR MURPHY, MR. NICHOLAS. OPPOSED -,MRS, HARRIS,
MR. RUTHERFORD. NOTION FAILS ON A TIE VOTE,
ITEM 3.. RESOLUTION NO. 82-42 RE: DUNE CORSSOVER PROJECT
MAYOR 1IU^PI'V READ THE RESOLUTION I14 FULL ENTITLED:
A RESOLUTION REQUESTING STATE OF FLORIDA, DEPARTMENT
OF NATURAL RESOURCES, TO ALLOCATE AND DISBURSE A
GRANT FROM EROSION CONTROL TRUST FUND ACCOUNT FOR
THE DUNE CROSSOVER PROJECT; PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION.
DISCUSSION FOLLOWED. CITY MANAGER SCOTT EXPLAINED THAT APPROVAL.
OF THIS ORDINANCE WOULD GIVE THE CITY THE OPPORTUNITY TO APPLY
FOR GRANT MONIES FROM THE STATE IN ORDER TO BE ABLE TO CONTINUE
WITH THE DUNE CROSSOVER PROJECT, ,VOTE ON THE MOTION OII THE FLOOR
CARRIED UNANIMOUSLY.
ITEM 4. RESOLUTION NO. 82-43 RE: APPOINTMENT OF IIEMBER TO THE
BEAUTIFICATION BOA
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLLD:
A RESOLUTION APPOINTIilG A MEMBER TO THE BEAUTIFICATION
BO^RO; PROVIDING AM E9PECTIVE )ATF.
MRS. HARRIS MOVED TEAT TERESA ANN GALLAGHER BE APPOINTED TO
THE BEAUTIFICATION BOARD WITH A TETLM TO EXPIRE OU NOVEMBER 1, 1983.
MR. NICEOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 5. RESOLUTION 110. 82-44 RE: APPOINTMENT OF FIRST AND
SECOND TE. ATES TO THE RECREATIONBOARD
MAYOR MURPHY READ THE RESOLUTION IM FULL ENTITLED:
A RESOLUTION APPOINTING FIRRT Ails SECOND ALTERNATE
MEMBERS TO THE RECREATION BOARD; PROVIDING AN EFFECTIVE
DATE.
:IRS. HARRIS MOVED TO APPOINT COLINFINNIGAN AS FIRST ALTERNATE.
TO THE RECREATION BOARD WITH A TERM TO EXPIRE ON OCTOBER 1, 1984. AND
BOB LAMORETTE AS SECOND ALTERNATE TO.TIIE RECREATION BOARD WITH A TERM
TO EXPIRE ON OCTOBER 1, 1983. MR. RUTHERFORD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
CITY COUNCIL MINUTES
8-17-82
PAGE 3 OF 5.
ITEM 6. NOTION RE: AUDIT SERVICES
CITY IIANAGER SCOTT INFORMED COUNCIL THAT WE WERE NOW READY
TO AWARD THE AUDIT .SERVICES TO ONE OF THE THREE FINAL FIRMS,
(FLOYD LEIB90N, C.P.A., DAVIES & HOUSER AND DOBSON, JONES, BJERNING
AI.1D HOYMAN), AND A RECO11MENDATION FROM COUNCIL WAS NEEDED. DISCUSSION
FOLLOWED. REPRESENTATIVES FROM DOBSON, JONES, BJERNING AND HOYMAII
WERE PRESENT. AND GIVEN THE OPPORTUNITY TO ADDRESS COUNCIL, LIR. FLOYD
LEMMON 14AS ALSO PRESENT AND ALSO ADDRESSED THE COUNCIL. AFTER DISCUSSION,
PIR. NICHOLAS MOVED TO AWARD THE AUDIT SERVICES TO FLOYD LEND -ION. MOTION
DIED FOR LACK OF A SECOND.
PIR. RUTHERFORD MADE A MOTION TO AWARD THE AUDIT SERVICES TO
DOBSON, JONES, BJERNING & HOYMAN. MAYOR MURPHY SECONDED THE MOTION,
VOTE ON THE ?LOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR - MAYOR
MURPHY, MR. RUTHERFORD. .OPPOSED.- MRS. HARRIS, MR. NICHOLAS. :POTION
FAILS ON TIE VOTE.
MRS. HARRIS MOVED TO POSTPONE ACTION ON THIS AGENDA ITE`I UNTIL
THE NEXT COUNCIL MEETING. MR. RUTHERFORD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY. THIS ITEM WILL BE ON THE SEPTEMBER 2, 1982
WORKSHOP AGENDA.
DISCUSSION
THERE WAS DISCUSSION ON. THE FOLLOWING: BOARD VACANCIES; THE
PORT COMMISSION MEETING OF AUGUST 25, 1982; DENSITY; STREET LIGHTS
THAT NFED REPAIRING IPI THE CITY LIMITS; BUDGET AND THE ESTABLISHMENT
OF A SPECIAL BUDGET WORKSHOP SESSION AND PUBLIC HEARING MEETING DATES.
THE SPECIAL BUDGET WORKSHOP IS TO BE HELD AT 6:30P'l ON THURSDAY,
AUGUST 26, 1982. THE PUBLIC HEARING IS SCHEDULED FOR TUESDAY,
AUGUST 31, 1982 AT 7:30PM. THE BUDGET WILL BE ON THE SEPTEMBER 2
14ORKSHOP AGENDA AND WILL BE VOTED ON AT THE SEPTEMBER 7 COUNCIL MEETPIG.
AT THIS TIME MAYOR MURPHY ASKED IF ANYONE IN THE AUDIENCE NEEDED
TO ADDRESS THE COUNCIL. MR. TOM RULAND, A RESIDENT OF WASHINGTON AVFIIUE
WAS PRESENT ON BEHALF OF HIS NEIGHBORS REQUESTING APPROVAL FROM COUNCIL
TO PUT IN. TWO SPEED BUMPS ,ON WASHINGTON AVENUE IM AN EFFORT TO SLOW
TRAFFIC D0111. THE RESIDENTS IIF.RE QUITE WILLING TO ABSORB THE COST.
DISCUSSION FOLLOWED. CITY ATTORNEY SCOTT ADVISED T&lT THERE 11OULD BE
A LIABILITY PROBLEII WITH AUTOMOBILE REPAIRS IF THESEBUMPS WERE INSTALLED
CITY COUNCIL MINUTES
B-17-82
PAGE 4 OF 5.
MAYOR MURPHY ASKED AIR. SCOTT TO TALK WITH THE SHERIFF'S DEPAMIENT'
ABOUT HAVING AN OFFICER ON WASHINGTON AVENUE AT THE RIGHT TIME OF
DAY TO TICKET ANY SPEEDERS IN AN EFFORT TO STOP THIS VIOLATION.'
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED. AT 9:OOPAI.
APPROVED TRIS 7 DAY OF SEPTEMBER 1982.
Qt Ak
LLERK
(THESE MINUTES WERE TRANSCRIBED BY GAIL WELLS, SECRETARY.)
CITY COUNCIL MINUTES
8-17-82
PAGE 5 OF 5.