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Home My WebLink About03-20-1979 Regular MeetingMICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL MARCH 20, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 20, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM AT 7:32 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C. BOYD P.T. LEE, J.L. MURPHY AND M.A. RIGERMAN, CITY MANAGER ANITA J. OSTROM, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK PATRICIA J. BEAULIEU AND SGT AT ARMS HUDEPOHL. THE MINUTES OF THE REGULAR MEETING OF MARCH 6 WERE APPROVED AS CORRECTED. THE TREASURER'S REPORT FOR FEBRUARY WAS REVIEWED AND FILED FOR AUDIT. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 5 -79 REPEALING ORDINANCE NO. 11 -74 RE: CAMPAIGN EXPENDITURES (SECOND READING) MAYOR THURM READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE REPEALING ORDINANCE NO. 11 -74 PERTAINING TO THE LIMITATION OF EXPENDITURE OF CAMPAIGN FUNDS ON BEHALF OF CANDIDATES FOR MUNICIPAL OFFICE WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MRS. RIGERMAN SECONDED MOTION. ATTORNEY SCOTT EXPLAINED THAT IN REVIEWING THE CITY'S ORDINANCE AND STATE ELECTION CODE, IT WAS FOUND THAT THIS ORDINANCE HAD BEEN SUPERSEDED BY COURT CASES IN THE FEDERAL COURT WHICH HELD UNCONSTITUTIONAL PROVISIONS LIMITING EXPENDITURES OF CANDIDATES. MR. SCOTT ALSO POINTED OUT THAT STATUTES COVER THIS SUBJECT AND THAT THE CITY WOULD BE COMPLYING WITH STATE STATUTE. MOTION ON THE FLOOR CARRIED UNANIMOUSLY. �PICROFILME® 4.24 -80 NEW BUSINESS ITEM 1. ORDINANCE NO. 7 -79 EMERGENCY ORDINANCE ADOPTING ENERGY CODE ATTORNEY SCOTT EXPLAINED THAT IT WAS HIS POSITION THAT THE SOUTHERN BUILDING CODE ADEQUATELY COVERS THIS SUBJECT AND HE IS CHECKING INTO THIS FURTHER AND WILL ADVISE COUNCIL WHETHER OR NOT IT WILL BE NECESSARY TO ADOPT AN ADDITIONAL ORDINANCE. MRS. RIGERMAN MOVED TO TABLE THIS ITEM INDEFINITELY. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 79 -8 AGREEMENT BETWEEN CITY AND TENNIS PRO MAYOR THURM READ THE RESOLUTION ENTITLED: A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND ROBIN ROTZ TO PROVIDE TENNIS INSTRUCTIONS AT THE RECREATION COMPLEX; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 79 -9 RE: AGREEMENT BETWEEN CITY AND COUNTY FOR LIFEGUARDS MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA FOR LIFEGUARD 'SERVICES; PROVIDING AN EFFECTIVE DATE. MR. MURPHY MOVED FOR ADOPTION. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEMS 4 AND 5. ATTORNEY SCOTT SUGGESTED THAT COUNCIL COMBINE 4 AND 5. MAYOR THURM READ RESOLUTION NO. 79 -11 IN FULL ENTITLED: A RESOLUTION REPEALING RESOLUTION NO. 74 -65, WHICH RESOLUTION APPOINTED MEMBERS TO THE BOARD OF TRUSTEES OF THE CAPE CANAVERAL POLICE OFFICERS RETIREMENT TRUST FUND, PURSUANT TO CHAPTER 185, FLORIDA STATUTES; BY AUTHORIZING TRANSFER OF FUNDS FROM SAID POLICE OFFICERS RETIREMENT TRUST FUND TO THE CITY'S GENERAL FUND; PROVIDING AN EFFECTIVE DATE. MAYOR THURM MOVED FOR ADOPTION. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION RE: REMOVING PLANNING AND ZONING BOARD MEMBER FROM THE BOARD RESOLUTION NO. 79 -12 APPOINT'I'NG ALTERNATE JOHN FOSTER AS REGULAR MEMBER MRS. RIGERMAN MOVED TO REMOVE JOHN MULLANEY FROM THE PLANNING AND ZONING BOARD. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 3 -20 -79 PAGE 2 OF 4 1 i 1 r MICROFILMED 4 -24 -80 ITEM 6. (CONTINUED) MAYOR THURM READ RESOLUTION 79 -12 APPOINTING MR. JOHN FOSTER TO THE PLANNING AND ZONING BOARD WITH A TERM TO EXPIRE ON SEPTEMBER 15, 1979. TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. MRS. RIGERMAN MOVED FOR ADOPTION. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. RESOLUTION NO. 79 -13 DESIGNATION 1979 AS INTERNATIONAL YEAR OF THE CHILD MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPORTING CONCERN FOR CHILDREN EVERYWHERE AND JOINING THE UNITED NATION "S IN PROCLAIMING 1979 THE INTERNATIONAL YEAR OF THE CHILD. MRS. BOYD MOVED FOR ADOPTION. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. MOTION RE:.AUTHORIZING BRILEY,WILD TO PREPARE BID PACKAGE, DESIGN WORK AND PLANS FOR AEROBIC DIGESTOR MAYOR THURM MOVED TO AUTHORIZE BRILEY,WILD TO DESIGN THE CONVERSION OF THE DIGESTOR; PREPARE PLANS AND SPECS FOR THE CONVERSION OF THE DIGESTOR; SPECS FOR THE CLEAN OUT; PREPARE BID PACKAGE SO THAT THE CITY CAN GO OUT FOR BIDS ON THE CLEAN OUT AND ON THE EQUIPMENT THAT WILL BE NECESSARY; REVIEW OF THE CONSTRUCTION CONTRACT AND REVIEW OF THE PLANS FOR CLEAN OUT. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 9. MOTION RE: REQUESTING EXTENSION FOR ADOPTING COMPREHENSIVE PLAN MRS. BOYD MOVED THAT THE CITY REQUEST A YEARS EXTENSION FOR ADOPTION OF THE COMPREHENSIVE PLAN. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR THURM REQUESTED THE CITY MANAGER NOTIFY MR. REEVERS OF BRILEY,WILD REGARDING THE REQUEST FOR EXTENSION. MRS. OSTROM REPORTED THAT A MEETING HAD BEEN ARRANGED WITH BRILEY,WILD REPRESENTATIVE DAVE REEVERS AND COUNTY PLANNER GARY RIDENOUR FOR WEDNESDAY, APRIL 4 AT 7;00 P.M. FOR THE PURPOSE OF IDSCUSSING THE COMPREHENSIVE PLAN. COUNCIL MINUTES 3 -20 -79 PAGE 3 OF 4 ITEM 10, MOTION R , ANAFIWAPEMPAIR CITY ATTORNEY FOR BOARD OF ADJUSTMENT MATTERS ATTORNEY SCOTT SUGGESTED THE APPOINTMENT OF WILLIAM CLIFTON, COCOA CITY ATTORNEY, AS THE SUBSTITUTE CITY ATTORNEY FOR THE UPCOMING BOARD OF ADJUSTMENT HEARINGS. MRS. RIGERMAN MOVED TO APPOINT MR. CLIFTON AS ACTING CITY ATTORNEY FOR THESE HEARINGS. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ATTORNEY SCOTT BROUGHT UP'THE SUBJECT OF THE HARRY KELLER CASE AND EXPLAINED THAT, SINCE THE LAST DISCUSSION WITH COUNCIL REGARDING THIS, HE HAS HAD AN OPPORTUNITY TO REVIEW THIS CASE MORE THOROUGHLY WITH ATTORNEY CARUSO AND THAT THERE IS A POSSIBILITY THAT THE JUDGE MAY REQUIRE A SECOND OR NEW HEARING. MR. SCOTT POINTED OUT THAT CASE LAW IS CHANGING AND JUDGES ARE MORE INCLINED TO BE SYMPATHETIC WITH APPLICANTS IN''THIS TYPE OF CASE AND POTENTIAL COSTS TO THE CITY COULD BE $5,000 TO $ 6,000.' MR. SCOTT ALSO REPORTED THAT MR.THERIAC, KELLER'S ATTORNEY, IS STILL WILLING TO SETTLE FOR $1,000. MR. LEE MOVED FOR AN ADD -ON ITEM TO CONSIDER SETTLEMENT IN THE KELLER CASE. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. LEE MOVED TO SETTLE THE KELLER CASE FOR $1,000. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION ITEMS: BRIAN BU.SSEN'S REQUEST FOR COUNCIL APPROVAL TO PAVE A PORTION OF RIDGEWOOD IN ORDER TO DEVELOP THE REMAINING LOTS IN HARBOR HEIGHTS SUBDIVISION. IT WAS SUGGESTED THIS ITEM BE PLACED ON NEXT WORKSHOP AND MEETING AGENDA. MR. MURPHY REPORTED ON LITTLE LEAGUE; MRS BOYD REPORTED ON L.G. T.A.C.; MRS. OSTROM EXPLAINED THE PROBLEM WITH THE GARBAGE TRUCKS DRIVING THRU MRS. CARVER'S TRAILER PARK WHILE PICKING UP GARBAGE FROM JUSTAMERE ROAD. IT WAS AGREED TO ALLOW CITY PERSONNEL AND EQUIPMENT TO TRIM THE TREES OVER- HANGING JUSTAMERE ROAD. COUNCIL REVIEWED MR. SCOTT'S "NOTICE OF APPEAL" RE: BOARD OF ADJUSTMENT HEARING ON BUILDING OFFICIAL'S DECISION. MR. MURPHY MOVED TO ADJOURN AT 9:45 P.M. MAYOR THURM SECONDED MOTION. MEETING ADJOURNED. APPROVED THIS 3 DAY OF APRIL , 1979 _%�- ` MAYOR C ;TY cilg�, tj COUNCIL MTNUTES 3 -2079 PAGE 4 OF 4