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HomeMy WebLinkAbout11-20-1979 Regular MeetingMICROFILMED 4.24 -0 CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON NOVEMBER 20, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY, JR. AT 7:33 P.M. THE ROLL WAS CALLED BY THE DEPUTY 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 MANAGER ANITA J. OSTROM, DEPUTY CITY CLERK BARBARA MERCILLIOTT AND SGT. AT ARMS DEPUTY FRED PATRICK. THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 6 AND SPECIAL MEETING OF NOVEMBER 9 WERE APPROVED AS READ. NEW BUSINESS ITEM 1. ORDINANCE NO. 19 -79 RE: PROHIBITING TOPLESS PUBLIC APPEARANCES WITHIN THE CITY FIRST READING3 MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: ORDINANCE NO. 19 -79 AN ORDINANCE AMENDING CHAPTER 733 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ALCOHOLIC BEVERAGE SALE REGULATIONS, BY PROHIBITING CERTAIN TYPES OF CONDUCT COMMONLY KNOWN AS TOPLESS OR BOTTOMLESS PERFORMANCES WITHIN ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES; BY PROVIDING FOR PENALTIES; BY PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MADE A MOTION TO APPROVE FIRST READING. MRS. BOYD SECONDED MOTION. ATTORNEY SCOTT INFORMED COUNCIL THAT ORDINANCE NO. 19 -79 WAS DRAFTED TO INCLUDE SECTION 3 WHICH PROVIDES FOR A HEARING PRIOR TO THE REVOCATION OF AN OCCUPATIONAL LICENSE AND STATED THAT THIS APPEARED TO BE THE BETTER PRACTICE BECAUSE WITHOUT THIS PROVISION THE ORDINANCE COULD BE ATTACKED FOR FAILURE TO GIVE A HEARING. VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 79 -50 RE: APPOINTMENT OF FIRST ALTERNATE MEMBER TO BOARD OF ADJUSTMENT MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING JACK McNEELY AS FIRST ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT WITH A TERM TO EXPIRE ON OCTOBER 1, 1980: MICROFILMED 4 -24 -80 TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A FIRST ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 79 -51 RE: APPOINTMENT OF FIRST ALTERNATE MEMBER TO THE PLANNING AND ZONING BO MAYOR MURPHY READ THE RESOLUTION APPOINTING RICHARD CALE AS FIRST ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD WITH A TERM TO EXPIRE ON SEPTEMBER 15, 1980. TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A FIRST ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTION NO. 79 -52 RE: APPOINTMENT OF LIBRARY BOARD MEMBER MAYOR MURPHY READ THE RESOLUTION APPOINTING GEORGE ALCOCK AS A REGULAR MEMBER TO THE LIBRARY BOARD WITH A TERM TO .EXPIRE ON JULY 1, 1983. TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 79 -53 RE: AUTHORIZATION FOR ATTORNEY TO PROCEED WITH FORECLOSURE ON DELINQUENT PAVING ASSESSMENTS MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE FORECLOSURE PROCEEDINGS AGAINST THOSE WHO HAVE NOT PAID THEIR PAVING ASSESSMENT LIENS, AS REQUIRED PURSUANT TO RESOLUTION NO. 68 -1 AND CHAPTER 170, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. ATTORNEY SCOTT REPORTED ON THE STATUS OF THE DELINQUENT PAVING LIENS AND PROMISSORY NOTES WHICH HAVE BEEN NEGOTIATED BETWEEN ATTORNEY SCOTT AND THE PARTIES. ATTORNEY SCOTT ALSO INFORMED COUNCIL THAT IT IS NOT MANDATORY THAT THE SCHOOL BOARD PAY THE PAVING ASSESSMENT UNLESS THE CITY'S CHARTER BY SPECIAL LEGISLATION HAS A PROVISION THAT WOULD ENABLE THE CITY TO LEVY ASSESSMENTS AGAINST OTHER POLITICAL SUBDIVISIONS. COUNCIL MINUTES 11 -20 -79 WAGE 2 OF 4 PAGES MICROFILM 4 -24 -80 MR. SCOTT FURTHER STATED THAT OUR CHARTER IS DEVOID OF SUCH A PROVISION AND SUGGESTED THAT IF COUNCIL WISHED TO PURSUE THIS MATTER A LETTER COULD BE DRAFTED TO THE SCHOOL BOARD EXPLAINING THE CIRCUMSTANCES REGARDING THE PAVING ASSESSMENT AND THE CITY'S DESIRE TO DISCUSS THIS MATTER AT A SCHOOL BOARD MEETING. MAYOR MURPHY AUTHORIZED ATTORNEY SCOTT TO PROCEED WITH DRAFTING THE LETTER. MRS. BOYD MOVED TO APPROVE RESOLUTION NO. 79 -53. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION RE: AUTHORIZATION FOR BRILEY, WILD AL MAYOR MURPHY EXPLAINED THAT THE CITY HAD APPLIED TO THE DEPARTMENT OF ENVIRONMENTAL REGULATION FOR A SEWER PLANT OPERATING PERMIT AND IN EFFECT THIS PERMIT HAS BEEN DENIED UNTIL THE CITY SUBMITS PLANS AND AN IMPLEMENTATION SCHEDULE TO REMOVE PHOSPHORUS FROM SEWER PLANT DISCHARGE, MAYOR MURPHY MADE A MOTION TO AUTHORIZE BRILEY, WILD TO PROCEED WITH DESIGN FOR PHOSPHORUS REMOVAL AT POLUTION CONTROL PLANT. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, ITEM 7. MOTION RE: AUTHORIZATION FOR BRILEY WILD TO DRAW SPECIFICATIONS'FOR WATER LINKTO SEWER PLANT CITY MANAGER REPORTED TO COUNCIL ON THE COST OF BRILEY, WILD'S ENGINEERING FEES FOR DESIGN WORK AND THE ESTIMATED MATERIAL COST TO PIPE CITY WATER TO OUR POLLUTION CONTROL PLANT. COUNCIL CONCLUDED THAT THIS PROJECT WOULD BE TOO EXPENSIVE AND DECIDED NOT TO AUTHORIZE THE EXPENDITURE. DISCUSSION MAYOR MURPHY READ A PORTION OF THE LETTER FROM THE DEPARTMENT OF THE AIR FORCE IN RESPONSE TO THE CITY MANAGER'S REQUEST FOR 450 CUBIC YARDS OF EXCESS SPOIL MATERIAL TO BE USED IN THE DUNE CROSSOVER PROJECT, THE REQUEST HAS BEEN APPROVED CONTINGENT UPON A FEW CONDITIONS, ONE OF WHICH IS THE TIME LIMIT FOR REMOVAL OF THE MATERIAL OF DECEMBER 15, 1979. MAYOR MURPHY REQUESTED THAT CITY MANAGER WRITE TO THE DEPARTMENT OF AIR FORCE ASKING FOR AN EXTENSION OF TIME. COUNCIL MINUTES 11 -20 -79 PAGE 3 OF 4 PAGES MICROFILMED 4 -24 -80 DISCUSSION FOLLOWED REGARDING MOVING THE CITY'S ELECTION DATE TO NOVEMBER, MAYOR MURPHY REQUESTED THAT THE CITY MANAGER GATHER MORE CONCRETE INFORMATION ON THIS SUBJECT BEFORE COUNCIL MADE A DECISION. ALSO DISCUSSED WAS THE BREVARD COUNTY'S 201 TIME SCHEDULE TO FINALIZE THE 201 PLAN; THE SHERWOOD CONDEMNATION SUIT; AND A MOTION ON THE NEXT COUNCIL AGENDA TO AUTHORIZE THE CITY ATTORNEY TO PURSUE. ACTION ON RETURN OF $1.00 COURT FINE FROM BREVARD COUNTY. MR. LEE INFORMED COUNCIL THAT TWO SIGNS WERE NEEDED ON THE BEACH BEHIND THE SCHOOL TO READ "NO CROSSING OVER THE DUNES ". MR. BORING WILL ORDER THE SIGNS TO BE INSTALLED NEAR THE DUNES. MEETING ADJOURNED AT 8:25 P.M. APPROVED THIS 4 DAY OF DECEMBER 1979. COUNCIL MINLTES 1120 -79 PAGE 4 OF 4 PAGES