HomeMy WebLinkAboutMinutes 07-19-1983CITY COUNCIL
REGULAR MEETING'
JULY 19, 1983
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA WAS HELD ON JULY 19, 1983 AT CITY HALL, 105
POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER By MAYOR WAYNE RUTHERFORD AT
INVOCATION AND PLEDGE OF ALLEGIANCE WAS LED BY MAYOR RUTHERFORD.
CITY CLERK. OFFICIALS PRESENT
THE ROLL WAS CALLED BY THE
WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. t1ARIS,
L. NICIIOLAS AND J. WINCHESTER. ALSO PRESENT WERE ,CITY ATTORNEY/
.MANAGER J. SCOTT AND CITY CLERK P. BEAULIEU.
MRS. CALVERT MOVED TO WAIVE TUE READING OF THE MINUTES OF
JULY. 5, 1983. MRS'. HARRIS SECONDED MOTION. BY UNANIMOUS VOTE,
THE MINUTES WERE APPROVED AS SUBMITTED.
NEW BUSINESS
ITEM 1.CONOVENIEON NCEN ANDBNECESSITYYETOP
PUBLICHEARDNG)CERTIFICATE OF
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION GRANTING TO YELLOW TOP CAB SERVICE
A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
AUTiiORIZING YELLOW TOP CAB SERVICE TO CONDUCT A
TAXICAB BUSINESS IN THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR, WINCHESTER SECONDED
MOTION.
MAYOR RUTHERFORD EXPLAINED THAT TiiIS RESOLUTION WOULDALLOW
..
THE YELLOW TOP CAB COMPANY TO PICK UP PASSENGERS IN THE CITY. AT
THE PRESENT TIME, YELLOW TOP WAS BASED IN ROCKLEDGE AND THEY
ALSO HAD ABASE IN THE PORT.
DISCUSSION FOLLOWED REGARDING THE NECESSITY FOR AN OCCUPATIONAL
LICENSE. CITY ATTORNEY SCOTT' EXPLAINED THAT YELLOW TOP HAD AN
OCCUPATIONAL LICENSE IN ROCKLEDGE, TREREFORE, THE CITY. WOULD NOT
BE CHARGING THEM FOR. AN OCCUPATIONAL LICENSE BUT WOULD BE CHARGING
THEM FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.,
CITY COUNCIL MEETING MINUTES.
JULY 19, 1983
PAGE 1 OF 5.
FURTHER DISCUSSION FOLLOWED REGARDING THE REGULATION OF,
CAB COMPANIES.
MR. MIKE THOMPSON, YELLOW TOP CAB REPRESENTATIVE SPOKE
EXPLAINING HIS NEED TO HAVE A PER61IT IN THE CITY.
VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR
J. CALVERT, L. HARRIS, MAYOR RUTHERFORD AND J. WINCHESTER.
OPPOSED - L. NICHOLAS. MOTION CARRIED.'
ITEM 2. RESOLUTION NO. 83-48 RE: APPOINTMENT OF ALTERNATE
MEMBER TO PLANNING AND ZONING BOARD
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING A SECOND ALTERNATE MEMBER
TO THE '.PLANNING AND ZONING BOARD; PROVIDING AN
EFFECTIVEDATE.
MAYOR RUTHERFORD EXPLAINED THAT THIS RESOLUTION. WOULD
APPOINT JOHN HARBISON ASA SECOND ALTERNATE MEMBER TO THE
PLANNING AND ZONING BOARD.
MR. NICHOLAS MOVED FOR ADOPTION. MAYOR RUTHERFORD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. RESOLUTION N0. 83-49 RE: ASSIGNMENT OF FLECKINGER
REFUSE INC. CONTRACT TO WESTERN WASTE INDUSTRIES
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO AN ASSIGNMENT OF AGREEMENT OF THE REFUSE
COLLECTION CONTRACT TO WESTERN WASTE INDUSTRIES BY
FLECKINGER REFUSE,, INC.; PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
MOTION. DISCUSSION FOLLOWED. 'IT, WAS NOTED THAT THE ASSIGNMENT
WOULD. ONLY COVER THE CONTINUATION OF THE EXTENSION OF FLECKINGER'S
CONTRACT WITH THE CITY. IT WAS ALSO NOTED THAT ANY EXPENSES TO
THE CITY WOULD BE CHARGED TO WESTERN WASTE INDUSTRIES. VOTE ON
THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY.
'ITEM 4. RESOLUTION NO. 83-50 RE: DECLARATION OF PUBLIC
NUISANCE OF LA PAZ BUILDINGS .PUBLIC HEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ABATING THE NUISANCE DESCRIBED AS THE
BURNED OUT PORTION OF LA PAZ SHOPPING CENTER; HOLDING
A PUBLIC HEARING; PROVIDING FOR TIME LIMITS TO CORRECT
THE PROBLEM; PROVIDING' PENALTIES; PROVIDING AN EFFECTIVE
DATE.
CITY COUNCIL MEETING MINUTES
JULY 19, 1983
PAGE 2 OF 5
MRS. CALVERT MOVED FOR ADOPTION.. MR. WINCHESTER SECONDED,
MOTION.
AT THIS TIME, IT WAS SUGGESTED THAT MAYOR RUTHERFORD READ THE
PERTINENT PARTS OF THE RESOLUTION. AFTER READING ALOUD SECTIONS
1, 2, 3 S 4 OF THE PROPOSED RESOLUTION, DISCUSSION FOLLOWED.
OWNER OF THE LA PAZ PROPERTY, HOWARD WARREN, SPOKE TO COUNCIL
AND REQUESTED THAT THE BURNED OUT ,BUILDING BE ALLOWED TO REMAIN
IN ITS PRESENT. STATE UNTIL AFTER HIS PENDING CASE WAS HEARD IN
THE COURTS IN SEPTEMBER.
DISCUSSION FOLLOWED REGARDING THE LENGTH OF TIME THE BUILDING
HAD BEEN ALLOWED TO REMAIN IN ITS PRESENT STATE; THE POTENTIAL
HAZARDS INVOLVED IN ALLOWING THE BUILDING TO REMAIN IN THIS
CONDITION; THE PENDING LAWSUIT AND THE POSSIBILITY OF MR. WARREN
RECEIVING AN INJUNCTION FROM A JUDGE WHICH MIGHT STOP THE CITY
FROM PROCEEDING WITH THIS ACTION; STATUS OF STATE FIRE MARSHAL'S
INVESTIGATION OF THE FIRE AND THE LACK OF FENCING SURROUNDING THIS
POTENTIAL HAZARD.
MRS. HARRIS MOVED TO AMEND THE RESOLUTION BY SETTING THE FINE
AT $500.00 PER DAY., NO SECOND To THE MOTION.
MR. WINCHESTER MOVED TO AMEND THE RESOLUTION BY SETTING THE
FINE AT $100.00 PER DAY. MRS.HARRIS SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
VOTE ON THE MAIN MOTION TO ADOPT THE RESOLUTION CARRIED
UNANIMOUSLY.
ITEM 5. MOTION RE: BUDGET TRANSFERS.
COUNCIL HAD ,BEFORE THEM A'LIST OF BUDGET TRANSFERS. MR. NICHOLAS
MOVED TO APPROVE THE TRANSFERS. MRS. CALVERT SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY. THE APPROVED BUDGET TRANSFERS ARE
ATTACHED, TO, THE MINUTES.
ITEM 6. MOTION RE VOLUNTEER OF THE MONTH PROGRAM
MRS. CALVERT EXPLAINED THAT SHE FELT THE CITY SHOULD SET UP A
VOLUNTEER OF THE MONTH PROGRAM BY RECOGNIZING THEIR. VOLUNTEER
PEOPLE WITH A PROCLAMATION, IT WAS SUGGESTED THAT DISCUSSION ON
THIS PROGRAM BE PLACED ON THE NEXT WORKSHOP.
CITY COUNCIL MEETING MINUTES
JULY 19, 1983
PAGE 3 OF 5
• MR. NICHOLAS MOVED THAT THE CITY ESTABLISH THE VOLUNTEER OF
THE MONTH PROGRAM. MRS. CALVERT SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY. IT WAS NOTED THAT THE GROUND RULES FOR MAKING THE
SELECTIONS FOR THIS PROGRAM WOULD BE ON THE NEXT WORKSHOP.,
ITEM 7. MOTION RE: CITY MANAGER'S POSITION
DISCUSSION FOLLOWED ON THE MANNER TO MAKE THE DECISION IN
THE CHOICE OF THE CITY MANAGER.
MRS. CALVERT MOVED TO OFFER THE POSITION OF CITY MANAGER TO
FRED NUTT ATA SALARY OF $25,000 PER YEAR. MRS.. HARRIS SECONDED
MOTION.
AT THIS TIME A'BRIEF REVIEW OF THE SELECTION PROCEDURE AND.
PRESENT CANDIDATES WAS OFFERED FOR THE BENEFIT OF THE AUDIENCE.
IT WAS EXPLAINED THAT AT PRESENT THERE WERE TWO CANDIDATES; FRED
NUTT, CURRENTLY A COMPTROLLER WITH THE BREVARD COUNTY SHERIFF'S
DEPARTMENT, AND BARBARA BRAMBLETT, CURRENTLY ASSISTANT CITY
MANAGER IN AUBURN, ALABAMA.,
DISCUSSION FOLLOWED REGARDING THE EXCELLENT QUALIFICATIONS OF
DOTH CANDIDATES AND THE MANNER OF MAKING THIS DECISION.
VOTE ON THE MOTION ON THE FLOOR WAS. AS FOLLOWS: IN FAVOR
J. CALVERT, L. HARRIS, L. NICHOLAS AND J. WINCHESTER. .OPPOSED -
'MAYOR RUTHERFORD. .MOTION CARRIED.,
MAYOR RUTHERFORD MOVED TO MAKE THE CHOICE OF FRED NUTT AS CITY
MANAGER A UNANIMOUS VOTE. MR. NICHOLAS SECONDED. MOTION.,
MOTION CARRIED UNANIMOUSLY.
ITEM 8. MOTION RE: BUILDING OFFICIAL'SPOSITION
IT WAS. NOTED THAT THE CUT OFF DATE FOR ACCEPTING APPLICATIONS FOR
THE POSITION OF BUILDING OFFICIAL WAS ON AUGUST 20.
DISCUSSION FOLLOWED. MR. SCOTT REPORTED THAT AT THE PRESENT
TIME BUILDING INSPECTIONS WERE BEING ACCOMPLISHED WITH SAME DAY
SERVICE BY HARRY KELLER.
IT WAS DETERMINED TO PLACE THIS ITEM ON THE NEXT WORKSHOP AGENDA.
NO ACTION ON THIS ITEM AT THIS MEETING.
CITY' COUNCIL 'MEETING MINUTES
JULY 19, 1983
PAGE 4 OF 5
AT THIS TIME MAYOR RUTHERFORD ANNOUNCED A BUDGET WORKSHOP
ON THURSDAY, JULY 21, 1983.
DISCUSSION RE: DECLARATORY JUDGMENT CUDERTA MOSHER
VS. CITY OF CAPE CANAVERAL
MR. KIDD, A PROPERTY OWNER ON LONGPOINT ROAD, WAS IN THE
AUDIENCE AND EXPRESSED HIS CONCERN OVER, THE POSSIBILITY OF A
BUILDING PERMIT BEING ISSUED TO MS. MOSHER IN THE EVENT THAT HER
DECLARATORY JUDGMENT, NOW IN COURT, RULED IN HER FAVOR.
ATTORNEY SCOTT ASSURED MR. KIDD THAT IF THE JUDGMENT WAS IN
MS. MOSHER'S FAVOR IT WAS HIS INTENTION TO FILE A MOTION FOR A
,REHEARING IN ORDER TO, GIVE COUNCIL TIME TO EVALUATE THE SITUATION.
FURTHER DISCUSSION FOLLOWED ON THIS SUBJECT. IT WAS NOTED THAT ,
'MR. SCOTT WOULD HAVE PAPERWORK READY TO FILE AN APPEAL IN ORDER
TO AVOID A BUILDING PERMIT BEING ISSUED TO MS. MOSHER.
THE .SUBJECT OF A PROCLAMATION FOR MIKE LEE WAS DISCUSSED. IT
WAS DETERMINED TO AWARD THE PROCLAMATION TO MR. LEE PRIOR TO
NEXT COUNCIL MEETING.
DISCUSSION FOLLOWED ON THE NECESSITY TO PLACE ADDITIONAL TELEPHONE
POLES AT THE END OF HARBOR HEIGHTS AND IN THE PINES AREA IN ORDER
TO KEEP VEHICLES OFF THE BEACH AREAS. THE SUBJECT OF BEACH
PARKING AREAS WAS DISCUSSED. A SUGGESTION WAS MADE TO PLACE THIS
SUBJECT ON.A FUTURE WORKSHOP.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 8:57PM.
APPROVED THIS 2nd DAY OF _Angst _' 1983.
Ma or 'I
t�
.City Clerk •,,)
CITY COUNCIL MEETING MINUTES
JULY 19, 1983
PAGE 5 OF 5
'
ME 111
DATE:
JULY 19, 1983
TO:
MAYOR AND CITY COUNCIL
FROM:
ACT. CITY TREASURER
SUBJECT:
BUDGET TRANSFERS
FROM
ADMINISTRATIVE SALARIES
001-513-11
TO
CITY MANAGER CONTRACT
001-513-31
1,200.00
FROM
ADMINISTRATIVE SALARIES
401-525-11
TO
CITY MANAGER CONTRACT
401-525-31
600.00
FROM
ADMINISTRATIVE SALARIES
402-572-11
TO
CITY MANAGER CONTRACT
402-572-31
200.00
FROM
SALARIES BUILDING DEPT.
001-524-12
TO
PROFESSIONAL SERVICES
001-524-31
1,000.00
FROM
HYDRANT RENT
001-522-443
500.00
FROM
UTILITIES
001-522-431
500.00
FR014
SALARIES
001-522-12
500.00
TO
GENERAL INSURANCE
001-522-45
1,500.00
FROM
GROUP INSURANCE
001-513-23
TO
FUEL ACCOUNT
001-513-524
150.00
FROM
UNEMPLOYMENT COMP.
001-513-25
11500.00
TO
GENERAL INSURANCE
001-513-45
1,200.00
TO
MISCELLANEOUS
001-513-495
300.00
FROM
BUILDING & GROUNDS MAINT.
001-521-461
TO
GENERAL INSURA14CE
001-521-45
45.00
FROM
.UTILITIES
001-541-431
260.00
FROM
GROUP INSURANCE
001-541-23
450.00
TO
GENERAL INSURANCE
001-541-45
710.00
FROM
MISCELLANEOUS
001-571-495
TO
GENERAL INSURANCE
001-571-45
75.00
FROM
NORKMENS COi•1P.
001-572-24
TO
GENERAL INSURANCE
001-572-45
95.00
FROM
ADM. SALARIES (FOR MICROPHONES)
001-513-11
TO
FURNITURE & EQUIPi•IENT
O01-513-64
2,000.00
FRO:.
CONTINGENCY
001-584-99
4,000.00
£.20:.
INT. BLOCK PURC.i.
O01-583-73
3,500.00
FROM
ADM. SALARIES
001-513-11
2.500.00
TO
BLDG. MAINTENANCE (AIRCJNU.)
001-513-461
10,000.00
AwACF4•II3.7C TO ICNU1FS
OF 7-19-83