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Home My WebLink About07-17-1979 Regular Meeting1 J D CITY COUNCIL REGULAR MEETING JULY 17, 1979 MICROFILMED 4 -24 -80 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JULY 17, 1979 AT CITY HALL, 105 POLL AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY, JR. AT 7:36 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR JOHNSON L. MURPHY, JR., COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T. LEE AND W. RUTHERFORD; CITY ATTORNEY RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM AND CITY CLERK PATRICIA J. BEAULIEU. THE MINUTES OF THE REGULAR MEETING OF JULY 3, 1979 WERE APPROVED AS READ. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 10 -79 RE: AMENDING ZONING ORDINANCE 0. 10-75, SECTION 637.11 MINIMUM LOT AREA R-1 SECOND READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING THE AREA AND DIMENSION REGULATIONS OF THE R -1 ZONING DISTRICT, BY REDUCING THE MINIMUM LOT AREA FROM 10,000 SQUARE FEET TO 7,500 SQUARE FEET; BY REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MR. GEORGE FIRKINS WAS IN ATTENDANCE AND SPOKE IN OPPOSITION TO THIS PROPOSED ZONING AMENDMENT. DR. CHARLES PINDZIAK ALSO SPOKE IN OPPOSITION TO THE PENDING ZONING AMENDMENT. FURTHER DISCUSSION FOLLOWED WITH COUNCIL MEMBERS VOICING THEIR OPINION REGARDING THIS CHANGE. MAYOR MURPHY NOTED THAT CITIZENS OWNING UNDEVELOPED LAND IN THE R -1 ZONING AREA OF THE CITY WERE NOT IN ATTENDANCE TO VOICE THEIR SUPPORT FOR THIS PROPOSED CHANGE. MRS. BOYD MOVED TO TABLE THIS ORDINANCE. MRS. CALVERT SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MRS. CALVERT AND MAYOR MURPHY, OPPOSED, MR. LEE AND MR. RUTHERFORD. MOTION CARRIED. ORDINANCE NO. 10 -79 TABLED. J MICROFILMED 4 -24'80 COUNCILMAN LEE HAS COMPLETED FORM 4 "MEMORANDUM OF VOTING CONFLICT" REGARDING HIS VOTE ON THE ABOVE SUBJECT. FORM 4 IS ATTACHED TO THE MINUTES OF THIS MEETING. NEW BUSINESS ITEM 1. ORDINANCE N0. 11 -79 RE: CONTROL OF TRUCK TRAFFIC ON CITY STREETS (FIRST READING) MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ESTABLISHING CHAPTER 685 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED "TRUCK TRAFFIC ORDINANCE ", AN ORDINANCE ESTABLISHING TRUCK ROUTES IN THE CITY; DESIGNATING CERTAIN OTHER STREETS IN THE CITY FOR TRUCK TRAFFIC; PROVIDING FOR ENFORCEMENT; PRESCRIBING PENALTIES FOR VIOLATION OF PROVISIONS; REPEALING ALL PARTS OF CITY CODE OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; ESTABLISHING AN EFFECTIVE DATE. MRS. BOYD MOVED TO APPROVE FIRST READING. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 12 -79 ADOPTION OF BREVARD COUNTY ANIMAL CONTROL ORDINANCE FIRST READING) MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ADOPTING BREVARD COUNTY, FLORIDA ORDINANCE NO. 77 -39 RELATING TO ANIMAL CONTROL, WHICH ORDINANCE IS ADOPTED FOR THE REGULATION OF ANIMAL CONTROL WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; BY DESIGNATING ALL PUBLIC PARKS AND BEACHES AS AREAS IN WHICH ANIMALS ARE PROHIBITED; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED TO APPROVE FIRST READING. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ATTORNEY SCOTT REQUESTED THAT THE INTERLOCAL AGREEMENT WITH THE COUNTY REGARDING ANIMAL CONTROL SERVICE BE PLACED ON THE NEXT COUNCIL WORKSHOP AGENDA. ITEM 3. RESOLUTION NO. 79 -30 RE: APPOINTING REGULAR FIRST ALTERNATE AND SECOND ALTS ATE ERS TO THE PLANNING AND ZONING BOARD MAYOR MURPHY EXPLAINED THAT THE CITY HAD RECEIVED FOUR LETTERS FROM CITIZENS WHO WERE INTERESTED IN BEING APPOINTED TO THE PLANNING AND ZONING BOARD: THOMAS GRIFFIN, JACK HURCK, MARILYN RIGERMAN AND DENNIS TISHKEN. MAYOR MURPHY MOVED TO APPOINT DENNIS TISHKEN AS REGULAR MEMBER, JACK HURCK AS FIRST ALTERNATE AND THOMAS GRIFFIN AS SECOND ALTERNATE. MRS. BOYD SECONDED. MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MINUTES OF 7 -17 -79 PAGE 2 OF 4 AND ATTACHMENT 1 1 1 _ •.. fi11CRCEILMED 4.24 -80 MAYOR MURPHY READ THE RESOLUTION IN FULL INSERTING. THE EXPIRATION OF BOARD MEMBERS' TERMS AS FOLLOWS: REGULAR MEMBER TISHKEN TO EXPIRE ON SEPTEMBER 15, 1979, FIRST ALTERNATE MEMBER HURCK AND SECOND ALTERNATE MEMBER GRIFFIN TO EXPIRE ON SEPTEMBER 15, 1980. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A REGULAR MEMBER AND FIRST AND SECOND ALTERNATE MEMBERS TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION OF THE RESOLUTION. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION RE: AWARDING OF BID FOR FLOATING AERATOR AND APPURTENANCES FOR SEWER PLANT MAYOR MURPHY EXPLAINED THAT THE CITY ENGINEERS BRILEY, WILD & `. ASSOCIATES HAVE REQUESTED THAT THE CITY TAKE NO ACTION ON THIS r ITEM AT THIS MEETING DUE TO THE FACT THAT THEY WOULD LIKE ADDITIONAL TIME TO EXAMINE THE BID AND LOOK AT AN ALTERNATE TYPE OF AERATOR. c MR. LEE MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT COUNCIL t MEETING. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION RE: APPOINTMENT OF MEMBER AND ALTERNATE MEMBER TO LOCAL GOVERNMENT COMPREHENSIVE PEMUM-U-TECHNICAL ADVISORY COMMITTEE MRS. BOYD EXPLAINED THAT SINCE SHE NO LONGER HAD PLANNING AND ZONING AS HER AREA OF INTEREST, SHE FELT THAT MR. RUTHERFORD SHOULD BE APPOINTED TO THIS POSITION AS IT IS NOW HIS AREA. MRS. BOYD MOVED THAT MR. RUTHERFORD BE APPOINTED AS THE CITY'S REPRESENTATIVE TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING TECHNICAL ADVISORY COMMITTEE AND MR. BRIAN BUSSEN, CHAIRMAN OF PLANNING AND ZONING BOARDOBE APPOINTED AS THE ALTERNATE MEMBER ON I THIS COMMITTEE. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, DISCUSSION MRS. BOYD BROUGHT UP A CITIZENS REQUEST REGARDING THE POSSIBILITY OF DIVIDING UP COUNCIL ROOM INTO SMOKING AND NON - SMOKING AREAS AND A REQUEST FOR USE OF A P.A. SYSTEM FOR COUNCIL MEETINGS DUE TO THE FACT THAT IT WAS DIFFICULT TO HEAR COUNCIL AT THE REAR OF COUNCIL CHAMBERS. CITY COUNCIL MINUTES OF 7 -17 -79 PAGE - 3 OF 4 .An A TrP A r+tmmu'r , i a I r MICROFILMED 4 -24 -80 THE CITY MANAGER REPORTED CITY'S INSURANCE AGENT ADVISED THAT THERE WOULD BE NO INCREASE IN THE CITY'S INSURANCE IF A RESIDENTIAL TRAILER WERE TO BE LOCATED IN THE AREA OF THE SEWER PLANT. MAYOR MURPHY EXPLAINED THE NEED FOR THE TRAILER BEING PLACED AT THE PLANT. AT 9:00 P.M. MAYOR MURPHY MOVED TO ADJOURN. MRS. BOYD SECONDED MOTION. MEETING ADJOURNED. APPROVED THIS 7th DAY OF AUGUST , 1979. , CITY COUNCIL MINUTES OF 7 -17 -79 PAGE 4 OF 4 AND ATTACHMENT 1 1 PART A Name: Address:' FORM 4A, DISCLOSURE OF BUSINESS TRANS, CTION, RELATIONSHIP; OR INTEReST (STREET) PART R Filing as e: Public Officer; { ) Public Employee;. ( ) Advisory Board Member Agency is a unit of [check one]: ( ) State of Florida; Name of Agency: - Y OF- ov e Position ffeld.in_agency_ - —.r,f wfue (c Date on which term of office or employment began: }. MICROFILMED 4 -24 -80 Iur wuy ()o County, City or other Political Subdivision e-A-k) A-vl_11_� 12 A-L PART C DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER [Required by §112.313(12), Florida Statutes (1977) 1 WHO MUST COMPLETE THIS PART 7,73—:?60/ (COUNTY) Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, including persons serving on advisory boards. See Part III, Chapter 112, Florida Statutes and /or the brochure entitled ' A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes (1977) permits th appointing. official or body to waive these requirements in a particular instance provided: (a) waiver by the appointing body must be upon a two- thirds affirmative a of that body; or (b) waiver by the appointing person may be effected after a public heanng; and (c) in either case the advisory board member must fully disclose (ed a transaction or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313, Florida Statutes. This -Part of Form 4A-has been prescn by the Commission on Ethics for such disclosure if and when applicable to an advisory board member. . Please complete the following only if required to do so in light of the above: 1. The partnership, directorship, proprietorship, ownership of a material interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes is held by: ( ) The reporting person; Pursuant to Section 112.313(3), Florida Statutes: ( ) Spouse of reporting person whose name is or (;) Child of the reporting person whose name is 2. The particular transaction for which this waiver is to be granted involves: a. Supplying the following realty, goods and /or services: b. The following business entity will supply these commodities: c. The relationship of the undersigned advisory board member or spouse or child of such advisory board member to the person o� business entity transacting this business is [check applicable spaces]: ( ) Officer; ( ) Partner; ( ) Associate; ( ) Employee; ( ) Sole Proprietor; ( ) Stockholder; ( ) Director, ( ) Owner of in excess of 5% of the assets or capital stock in such business entity; ( ) Public Officer or employee holding a contractual relationship with such business entity; ( ) Other, please describe: PART D DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY [Required by §112.313(12)(e), Florida Statutes (1977) 1 WHO MUST COMPLETE THIS PART Sections 112.313(3). and 112.313(7), Florida Statutes prohibit certain business relationships on the part of public officers and employees. See Part III, Chapter 112, Florida Statutes and /or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates And Employees" for more details on these prohibitions. However, Section 112.313(12)(e), Florida Statutes (1977) provides an exemption from the above - mentioned restrictions in the event that the business entity involved is the only source of supply within the political subdivision of the officer or employee. In such cases the officer's or employee's interest in the business entity must be fully disclosed to the governing body of the political subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable. Please complete the following only if required to do so in light of the above: 1. The goods or services being supplied by a business entity with which the undersigned public officer or employee or spouse or child of such officer or employee is involved include(s) 2. The business entity which is the only source of supply of the above goods or services within the political subdivision is: (NAME OF ENTITY) - (ADDRESS) 3. The interest of the undersigned public officer or employee or spouse or child of such officer or employee in the business entity named in Item 2 above is [check applicable spaces]: ( ) Officer, ( ) Partner; ( ) Associate; ( ) Employee; ( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets or capital stock in such business entity; ( ) Public Officer or Employee holding.a contractual relationship with such business entity; ( ) Other, please describe: — i PART E SIGNATURE SIGNATURE OF PUBLIC OFFICER OR EMPLOYEE DATE SIGNED PART F FILING INSTRUCTIONS Part C of this Form must be filed, if applicable, with the appointing body or person waiving the restrictions of Section 112.313(3) or (7), Florida Statutes prior to such waiver. Part D must be filed, if applicable, with the governing body of the political subdivision in which the reporting person is serving. It is suggested that this disclosure be made prior to the subject transaction. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317(197 T A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYM NT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4A - EFF. 2125/79 FORM 4 MEMORANDUM OF VOTING CONFLICT DATE ON WHICH VOTE OCCURRED: Z/J& ,19;j PART A Name: �C /� Telephone/ 79 3r3W I (LAST) Q (FIRST) /�,�(`MI'DDLE)f -�r� (A/c) (` N/UMBER) Address: -E� ��( �17�/i�i�C (ZIP CODE) (COUNTY) ��QF Y�), PART B Agency is a unit of [check one] : ( ) State of Florida; Name of Agency: LIT V ® Ic Position held in Agency: i (XI County, City or other Political Subdivision °n PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 1123143 (1975) ] -Pb If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inure your special private gain or the - special private gain of any principal by whom you are retained, please disclose the nature of your intecW below. ' 0 1. Description of the matter upon which you voted in your official capacity: R�PAK11L I d� 4 � 7- 0 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: 3. Person or principal to whom the special gain described above will inure: a. (�) Yourself b. ( ) Principal by whom you are retained: PART D FILING INSTRUCTIONS (NAME) r This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest orsTiNou vote, however, the conflict must be disclosed pursuant to the requirements described above. PART Iz I A /-� /� TUBE OF PERSON /</ 7i DATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4- EFF. 1/1/77 ATTACHMENT TO MINUTES OF 7 -17 -79