HomeMy WebLinkAbout09-18-1979 Regular MeetingCITY COUNCIL MICROFILMED 4 -24 -80
REGULAR MEETING
SEPTEMBER 18, 1979
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL WAS HELD ON SEPTEMBER 18, 1979 AT CITY HALL, 105 POLK
AVNEUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY, JR.
AT 7:32 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE:
MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T.
LEE AND W. RUTHERFORD; CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK
PATRICIA J. BEAULIEU.AND SGT. AT ARMS JOAN HUDEPOHL.
THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 4, 1979 WERE
APPROVED AS READ.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 15 -79 RE: RECREATION BOARD STRUCTURE
AMENDING CITY CODE CHAPTER 25.'01 2ND READING)
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE IN FULL AS READ
AT FIRST READING.- TITLE WAS AS FOLLOWS:
ORDINANCE NO. 15 -79 AN ORDINANCE AMENDING SECTION
255.01 OF THE CODE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY DELETING THE PROVISION THAT MEMBERS OF THE
CAPE CANAVERAL, FLORIDA RECREATION BOARD BE RESIDENTS
OF THE CITY; BY REPEALING ALL PARTS OF THE CITY CODE
IN CONFLICT WITH THIS ORDINANCE;' BY PROVIDING AN
EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION'. MR. RUTHERFORD SECONDED MOTION.
MAYOR MURPHY MOVED TO AMEND THE ORDINANCE AS FOLLOWS: "ALL BOARD
MEMBERS SHALL BE RESIDENTS OF THE CITY OR OWN PROPERTY WITHIN THE CITY
LIMITS OF CAPE CANAVERAL." MRS. BOYD SECONDED MOTION. *`
VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN
MOTION FOR ADOPTION CARRIED UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 16 -79 RE: RENEWAL OF CABLE TV FRANCHISE
AGREEMENT, AMENDING CITY CODE CHAPTER 415 (2ND READING)
MAYOR MURPHY READ THE ORDINANCE IN FULL AS READ AT FIRST READING.
TITLE WAS AS FOLLOWS:
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT WITH COMMUNICABLE, A DIVISION OF SOUTHLAND COMMUNI-
CATIONS, INC., FORMERLY KNOWN AS-FIVE BEACHES CABLE T.V., INC.,
EXTENDING A FRANCHISE FOR TELEVISION CABLE SERVICES FOR THE CITY
OF CAPE CANAVERAL, FLORIDA FOR AN ADDITIONAL FIFTEEN YEARS,
COMMENCING SEPTEMBER 15, 1979; BY PROVIDING AN EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION.1 MRS. CALVERT SECONDED MOTION.
ATTORNEY SCOTT EXPLAINED THAT THE ORDINANCE AS READ
ON FIRST READING ENCOMPASSED AN AGREEMENT AND THAT ORIGINALLY
THE CITY HAD NOT ENTERED INTO AN AGREEMENT WITH FIVE BEACHES CABLE
THEY HAD GRANTED A FRANCHISE BY ORDINANCE. MR. SCOTT HAD PREPARED
A SUBSTITUTE ORDINANCE WHICH GRANTED CaYI KCABLE AN EKrWTCN OF 7M
FRANCHISE FOR 15 YEARS AND PRESENTED IT TO COUNCIL AT THIS TIME.
MAYOR MURPHY READ THE SUBSTITUTE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE GRANTING COMMUNICABLE, A DIVISION OF SOUTHLAND
COMMUNICATIONS, INC., FORMERLY KNOWN AS FIVE BEACHES CABLE T.V.
INC., A FIFTEEN YEAR CONTINUANCE OF A FRANCHISE AGREEMENT FOR
TELEVISION CABLE SERVICES FOR THE CITY OF CAPE CANAVERAL,
FLORIDA, AS PROVIDED FOR IN ORDINANCE NO. 36 -64, COMMENCING
SEPTEMBER 15, 1979; BY PROVIDING AN EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION OF SUBSTITUTE ORDINANCE.
MRS. CALVERT SECONDED MOTION. MOTION TO APPROVE SUBSTITUTE
ORDINANCE CARRIED UNANIMOUSLY. MAIN MOTION FOR ADOPTION OF
ORDINANCE 16 -79 CARRIED UNANIMOUSLY.
ITEM 3. RESOLUTION N0. 79 -38 RE: CABLE RATE INCREASE
(POSTPONED 9 -4 MEETING
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR
T.V. CABLE SERVICE AND INSTALLATION WITHIN THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE.
MR. LEE MOVED FOR ADOPTON. MR. RUTHERFORD SECONDED MOTION.
MAYOR MURPHY SUMMARIZED THE RATE CHANGES FOR THE BENEFIT OF
THOSE IN THE AUDIENCE.
MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION 79 -38 PASSED
UNANIMOUSLY.
NEW BUSINESS
.JT.EM`l. ORDINANCE NO. 17 -79 AMENDING ORDINANCE NO. 6 -66,
AS AMENDED, RE: DELETING SEWER CHARGE FOR ADDITIONAL
BATHROOMS SINGLE FAMILY HOMES 1ST READING
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING ORDINANCE NO. 6 -66, AS AMENDED,
RELATING TO SANITARY SEWER SERVICE BY DELETING THE
CHARGE FOR ADDITIONAL BATHS IN SINGLE FAMILY RESIDENTIAL
CLASSIFICATION; PROVIDING AN EFFECTIVE DATE.
MRS. BOYD MOVED TO APPROVE FIRST READING. MRS. CALVERT
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. RESOLUTION NO. 79 -39 RE: CONDEMNATION OF LOTS 13
AND 14; BLOCK 49; AVON.-BY-THE-SEA
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION AUTHORIZING CONDEMNATION OF LOTS 13 AND 14„
BLOCK 46, AVON -BY- THE -SEA, BY EMINENT DOMAIN PROCEEDINGS;
PROVIDING AN EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION. MAYOR MURPHY SECONDED MOTION.
_ 9 -18 -79 MINUTES
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MICROFILMED 4.24 -E0
MRS. BOYD MOVED TO AMEND BY ADDING THE WORDS, "AND OR
OTHER MUNICIPAL �FACIISTIE81" THROUGHOUT. THE RESOLUTION AFTER
THE WORD RECREATIONAL. MAYOR MURPHY SECONDED. MOTION CARRIED
UNANIMOUSLY.
MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION 79 -39
CARRIED UNANIMOUSLY.
ITEM 3. MOTION RE: AUTHORIZING EXPENDITURE OF FUNDS TO
UPDATE RACQUETBALL COURT DESIGN
MAYOR MURPHY EXPLAINED THAT THE RECREATION BOARD HAD
PRESENTED A STUDY TO COUNCIL AT WORKSHOP. SUBJECT STUDY
SUGGESTED THAT THE CITY BUILD TWO ADDITIONAL RACQUETBALL COURTS.
COUNCIL HAD REQUESTED THAT AN ESTIMATE BE OBTAINED ON THE
ENGINEERING COSTS OF UPDATING THE EXISTING PLANS AND ADDING
A FEW MODIFICATIONS. MAYOR MURPHY HAD BEFORE HIM AN ESTIMATE
FROM ALLEN ENGINEERING OF _$3,750.
AFTER*DISCUSSION'REGARDING THE -HIGH ENGINEERING.COSTS,
MAYOR MURPHY MOVED TO TABLE THIS ITEM. MR. LEE SECONDED MOTION.
VOTE WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT, MR. LEE, MAYOR
MURPHY AND MR. RUTHERFORD, OPPOSED, MRS. BOYD. MOTION CARRIED.
ITEM 4. MOTION RE: AWARDING OF BID FOR CLEANING OF
DRAINAGE DITCH
MAYOR MURPHY EXPLAINED THAT THE CITY HAD RECEIVED THREE BIDS.
THE LOWEST BID WAS $4,995. HE ALSO INFORMED COUNCIL THAT CITY
MANAGER OSTROM WAS LOOKING INTO THE POSSIBILITY OF THE COUNTY
DOING THE JOB FOR LESS MONEY. MAYOR MURPHY MOVED TO POSTPONE
THIS ITEM FOR TWO NTEEKS. MRS. CALVERT SECONDED. MOTION CARRIED
UNANIMOUSLY.
DISCUSSION:
DISCUSSION ITEMS COVERED THE FOLLOWING: RECENT LETTER FROM
SUPERINTENDENT OF SCHOOLS REJECTING THE CITY'S OFFER TO LEASE
OCEANFRONT PROPERTY OWNED BY SCHOOL BOARD; CITIZEN'S QUESTION:.RE:
THE POSSIBILITY OF A PRESCRIPTIVE EASEMENT NORTH OF OCEAN WOODS;
ATTORNEY SCOTT'S EXPLANATION OF PROBLEMS IN THE BUFFER AREA
BETWEEN HARBOR HEIGHTS AND OCEAN WOODS; RECREATION COMPLEX FEES=
AND MRS. BOYD'S REVIEW OF A LETTER FROM MASS TRANSIT SUBCOMMITTEE
OF BREVARD COUNTY LOCAL GOVERNMENT STUDY COMMISSION.
MEETING ADOURNED AT 9 -:02 P.M.
A PROVED THIS 2n DAY OF 0 tober , 1979.
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CITY CL 9 -18 -79 MINUTE"
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