HomeMy WebLinkAbout05-06-1980 Regular MeetingMICROFILMED 4 -15 -85
CITY COUNCIL
REGULAR MEETING
MAY 6, 1980
A REGULAR MEETING.OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA WAS HELD ON MAY 6, 1980 AT CITY
HALL, 105 POLK.AVENUE, CAPE CANAVERAL, FLORIDA,
THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L,
MURPHY, JR. AT 7:34 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, ATTORNEYS
RICHARD F SCOTT AND JOSEPH SCOTT, CITY MANAGER ANITA J, OSTROM,
CITY CLERK PATRICIA J. BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL,
MRS, CALVERT MOVED TO WAIVE READING THE MINUTES OF APRIL
15, MR. RUTHERFORD SECONDED MOTION, MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUS:INE'S S
ITEM 1.
MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED;
AN ORDINANCE AMENDING CHAPTER 671 OF THE CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA ENTITLED
"SEWER SERVICE" BY PROHIBITING THE BUILDING
OFFICIAL FROM ISSUING PERMITS TO ANY BUILDINGS
OTHER THAN DUPLEX OR SINGLE FAMILY UNITS, UNLESS
THEY HAVE RECEIVED PRIOR APPROVAL FROM THE
DEPARTMENT OF ENVIRONMENTAL REGULATIONS WITH
CERTIFICATION FROM THE CITY OF CAPE CANAVERAL,
FLORIDA, UNTIL FURTHER ORDER OF THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA; BY
REQUIRING THE CITY,COUNCIL TO REVIEW THIS ORDINANCE
WITHIN SIX MONTHS; BY PROVIDING AN EFFECTIVE DATE,
MRS. CALVERT MOVED FOR ADOPTION, MRS, BOYD SECONDED MOTION,
MAYOR MURPHY REVIEWED BRIEFLY THE HISTORY BEHIND THIS ORDINANCE
BY EXPLAINING THAT FOR BUILDINGS OF 10-UNITS OR OVER THE CITY
HAD TO CERTIFY TO THE DEPARTMENT OF ENVIRONMENTAL REGULATION
THAT THEY HAD SEWER PLANT CAPABILITY TO PROCESS THE INCREASED FLOW.
HE FURTHER STATED THAT THE CITY, IN EXAMINING THE SEWER
PLANT, HAD DETERMINED THAT THEY COULD NOT MAKE ANY SIGNIFICANT
INCREASE IN THE SEWAGE FLOW INTO THE PLANT, MAYOR MURPHY
EXPLAINED THAT IT WAS FELT THAT THE SINGLE FAMILY AND DUPLEX
COULD NOT IMPACT THE PLANT TOO MUCH. MAYOR MURPHY POINTED
OUT THAT COUNCIL WAS TRYING DELIGENTLY TO SOLVE THE PROBLEM
AND AS SOON AS THE CITY HAD A CONCRETE PLAN, HE WOULD RECOMMEND
THAT THIS ORDINANCE BE DELETED,
THE FOLLOWING CITIZENS SPOKE CONCERNING THE PROPOSED
ORDINANCE: ATTORNEY JOHN STARLING, REPRESENTING SHUFORD MILLS
AND CEVESCO, INC., JACK HURCK, ED POWIS, ROGER GRAEFE,
SKIP KERNS AND LEO NICHOLAS,
IT WAS POINTED OUT BY ATTORNEY SCOTT THAT THE QUESTION
OF SEWER PLANT CAPABILITY WAS BROUGHT UP WHEN A PROPOSED LARGE
DEVELOPMENT NORTH OF HARBOR HEIGHTS HAD COME IN WITH A D,E,R,
APPLICATION WHICH HAD TO BE CERTIFIED BY THE CITY, IT WAS
NOTED BY MR. SCOTT THAT THE CITY'S ENGINEERS HAD ADVISED THAT
THE SEWER, PLANT COULD NOT HANDLE THE IMPACT OF SUCH A LARGE
DEVELOPMENT.
MR. ED POWIS, CLAIMED THAT 90 DAYS AGO HE HAD RECEIVED
A LETTER FROM THE BUILDING OFFICIAL WHICH CONFIRMED WATER AND
SEWAGE ON A PARTICULAR SITE WHICH HE HAD PURCHASED AND ON
WHICH HE WAS PLANNING TO BUILD 178 UNITS. HOWEVER, HE WAS
UNABLE TO PRODUCE A COPY OF THE LETTER AT THIS MEETING,
THE QUESTION AROSE AS TO WHETHER OR NOT THE CITY WOULD
HAVE TO HONOR SUCH'A LETTER. ATTORNEY SCOTT INFORMED COUNCIL
THAT HE WOULD HAVE TO READ THE LETTER BEFORE HE COULD GIVE
AN OPINION.
MR. LEE MOVED TO POSTPONE THIS ORDINANCE FOR TWO WEEKS,
MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY,
COUNCIL MINUTES
'MAY 6, 1980
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MICR®FILVED 4 -15 -85
NEW BUSINESS
ITEM 1. MAYOR MURPHY' S" LETTER TO 'SENATOR LAWTON 'CHILES
MAYOR MURPHY READ HIS LETTER DATED MAY 5 TO SENATOR
LAWTON CHILES. MR. RUTHERFORD MOVED TO APPROVE SENDING THE
LETTER TO SENATOR CHILES. MRS. BOYD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 2. MOTION RE';' RACQUETBALL; COURT BIDS
MAYOR MURPHY EXPLAINED THAT FOUR BIDS HAD BEEN RECEIVED
BY THE CITY AND.OPENED ON APRIL 24. COUNCIL HAD BEFORE THEM
A BID TABULATION SHEET WITH BIDS AS FOLLOWS:
0
H & C CONTRACTING $60,900
FRANK A KENNEDY, INC, 65,613
G,L, MCLAUGHLIN 57,460
NIDY CONSTRUCTION 61,547
MAYOR MURPHY MENTIONED THAT COUNCIL HAD REVIEWED THE
RACQUETBALL EXPANSION REPORT PRESENTED BY .THE RECREATION BOARD
WHICH EXPLAINED THE JUSTIFICATION FOR THE TWO ADDITIONAL
RACQUETBALL COURTS,
DISCUSSION COMMENCED ON THE NEED. TO ADD THE TWO COURTS
TO THE COMPLEX, THE FOLLOWING OPPONENTS AND PROPONENTS WERE
HEARD: GEORGE WOLEVER, JIM GREENE, LEO NICHOLAS, TED MEILLEUR,
BRUCE FOUNTAIN AND RECREATION BOARD CHAIRMAN CARL WELTON.
MAYOR MURPHY MOVED TO AWARD THE BID TO THE LOWEST BIDDER
MCLAUGHLIN IN THE AMOUNT OF $57,460, MR. LEE SECONDED MOTION.
FURTHER DISCUSSION FOLLOWED ON THE ADDITION OF THE TWO
COURTS.. MRS. CALVERT MOVED TO TABLE, MRS, BOYD SECONDED
MOTION. VOTE ON THE MOTION TO TABLE WAS AS FOLLOWS: IN FAVOR,
MRS. BOYD, MRS. CALVERT, OPPOSED, MR. LEE, MAYOR MURPHY AND
MR. RUTHERFORD. MOTION TO TABLE FAILED,
VOTE ON THE MOTION TO AWARD THE BID TO MCLAUGHLIN WAS
AS FOLLOWS: IN FAVOR, MR, LEE, MAYOR MURPHY AND MR, RUTHERFORD,
OPPOSED, MRS, BOYD AND MRS, CALVERT. MOTION CARRIED,
ITEM 3. ` MOTION RE TRANSFER OF RECREATION COMPLEX FUNDS
CITY MANAGER.OSTROM EXPLAINED IT WAS NECESSARY TO TRANSFER
FUNDS IN THE RECREATION COMPLEX BUDGET LINE ITEMS AS FOLLOWS:
$250.00 FROM FURNITURE AND EQUIPMENT FUND AND $100,00 FROM THE
SPECIAL EVENTS FUND FOR A TOTAL OF $350.00 TO THE CAPITAL ITEMS
ACCOUNT IN ORDER TO PAY FOR TENNIS BACKBOARDS, MAYOR MURPHY
SO MOVED. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY,
COUNCIL MINUTES
5 -6 -80
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ITEM 4.
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MR, RUTHERFORD EXPLAINED THAT SINCE COUNCIL HAD ADOPTED
THE TRAFFIC ELEMENT OF THE COMPREHENSIVE PLAN, THE NEXT
LOGICAL STEP ACCORDING TO THE CITY CODE WOULD BE TO AUTHORIZE
THE PLANNING AND ZONING BOARD TO PROCEED WITH THE SURVEYS.
MR. RUTHERFORD MOVED TO AUTHORIZE PLANNING AND ZONING
BOARD TO LOOK INTO THE SURVEYS, MRS, BOYD SECONDED MOTION.
MAYOR MURPHY POINTED OUT THAT -THIS MOTION AUTHORIZED
THE BOARD TO PROCEED WITH LOOKING INTO THE SURVEYS BUT PRIOR
TO SPENDING ANY MONEY THE BOARD WOULD HAVE TO RETURN TO
COUNCIL.
MOTION ON THE FLOOR CARRIED UNANIMOUSLY,
AT THIS TIME ATTORNEY RICHARD SCOTT BROUGHT UP TO
COUNCIL THE SUBJECT OF THE WORKSHOPS FOR THE PURPOSE OF
REVIEWING THE COMPREHENSIVE PLAN, IT WAS DECIDED TO COVER
AS MUCH AS POSSIBLE OF THE PLAN AT THE NEXT WORKSHOP AND
THEN IF NECESSARY SET SPECIAL WORKSHOPS TO COMPLETE THE TASK.
AT THIS TIME, ATTORNEY RICHARD SCOTT LEFT THE MEETING
AND ATTORNEY JOSEPH SCOTT TOOK HIS PLACE,
ITEM 5. 'MOTION RE': AWARD OF BID FOR FIRE' EQUIPMENT
TWO BIDS HAD BEEN RECEIVED AND OPENED ON APRIL 28 FROM
W.S. DARLEY AND BISCAYNE FIRE EQUIPMENT (DICK SEITNER, SALES),
SUBJECT BIDDERS HAD SUBMITTED THE BIDS FOR THE EQUIPMENT BY
INDIVIDUAL LINE ITEMS.
MR. LEE MOVED THAT THE BID BE AWARDED TO THE BIDDER BY
LOWEST PRICE PER LINE ITEM AS FOLLOWS: W.S. DARLEY IN THE
AMOUNT OF $2,527.15 AND BISCAYNE FIRE EQUIPMENT IN THE AMOUNT
OF $1,,020.00. MRS. BOYD SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 6. RESOLUTION N0. *80'--'1'2 APPOINTMENT OF' RECREATION
'BOARD '.MEMBER FROM 2ND ALTERNATE "TO" ST ALTERNATE
A-LTERNATE*TO'REGULAR
COUNCIL HAD BEFORE THEM A RESOLUTION APPOINTING RECREATION
BOARD FIRST ALTERNATE MEMBER DIANE PRESSLEY TO REGULAR X M ER.
AND SECOND ALTERNATE MEMBER DAVID BRAGDON TO FIRST ALTERNATE
COUNCIL MINUTES
MAY 6, 1980
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MICROFILMED 4 -IF -85
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION APPOINTING A REGULAR MEMBER AND
A FIRST ALTERNATE MEMBER TO THE RECREATION
BOARD; PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MRS, BOYD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY,
ITEM 7. RESOLUTION NO. 8'0' -13' RE':' APPOINTMENT OF
PLANII VGA AND ZONING BOARD- MEMBER
MAYOR MURPHY READ THE RESOLUTION APPOINTING LAMAR RUSSELL
TO THE PLANNING AND ZONING BOARD, THE TITLE OF THE RESOLUTION
WAS AS FOLLOWS:
A RESOLUTION APPOINTING A REGULAR MEMBER TO THE
PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE
DATE.
MR. RUTHERFORD MOVED FOR ADOPTION, MRS, BOYD SECONDED
'MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 8.
MRS. BOYD'MOVED TO REMOVE RESOLUTION NO, 80-10 FROM THE
TABLE, THERE BEING NO SECOND TO THE MOTION,- MOTION FAILED,
ITEM 9 , 'MOTION-- RE': TRANSFER OF TAXI' LICENSE
CITY MANAGER OSTROM EXPLAINED TO COUNCIL THAT MR, JIM
MEEK, OWNER OF THE CAPE CANAVERAL CAB COMPANY, HAD INCORPORATED
AND WOULD LIKE TO HAVE THE LICENSE TRANSFERRED FROM THE
INDIVIDUAL OWNERSHIP TO THE CORPORATION, MR, SEEK HAD BEEN
INFORMED BY MRS. OSTROM THAT IN ORDER TO MAKE THIS TYPE OF
TRANSFER IT WOULD BE NECESSARY FOR HIM TO HAVE THE SAME
INFORMATION FOR THE CORPORATION AS HE HAD AS AN INDIVIDUAL
OWNER. AS OF THIS DATE, THE 'INSURANCE HAD BEEN CHANGED OVER
BUT ADDITIONAL INFORMATION NEEDED TO BE SUBMITTED TO THE CITY.
MR. LEE MOVED THAT JIM MEEK, OWNER OF THE CAPE CANAVERAL
CAB, BE ALLOWED TO TRANSFER THE TAXI LICENSE FROM HIS NAME TO
THE NAME OF THE CORPORATION PROVIDED THAT HE FURNISH ALL THE
REQUIRED INFORMATION TO ACCOMPLISH THIS, MAYOR MURPHY SECONDED
MOTION, `MOTION CARRIED UNANIMOUSLY,
COUNCIL MINUTES
MAY 6, 1980
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DISCUSSION
MAYOR EXPLAINED THAT THE CITY HAD RECEIVED A LETTER FROM
THE PORT WITH THEIR PROJECTED SEWAGE PLANT REQUIREMENTS AND
INFORMED COUNCIL THAT IT WAS HIS INTENTION TO HAVE SOME TYPE
OF AGREEMENT WITH THE PORT AND IF THEIR USAGE EXCEEDED THE
PROJECTED LIMITS THE CITY WOULD HAVE AUTHORITY TO REFUSE THEM.
MRS. CALVERT QUESTIONED THE FACT THAT NEW TRAILERS HAD
BEEN PLACED ON PORT PROPERTY AND QUESTIONED WHETHER OR NOT
THEY WERE OCCUPIED.
MR. RUTHERFORD REPORTED TO COUNCIL THAT THE PRESENT
FIRE MARSHALL HAD INFORMED HIM THAT HE DID NOT WANT THE
POSITION AND THE BUILDING OFFICIAL HAD ALSO INFORMED MR.
RUTHERFORD THAT HE DID NOT WISH TO HAVE THIS APPOINTMENT.
MR. RUTHERFORD SUGGESTED THAT POSSIBLY THE FIRE DEPARTMENT
BE CONTACTED AGAIN AND ASKED IF THEY HAD A RECOMMENDATION.
MRS. OSTROM INFORMED COUNCIL THAT SHE HAD WRITTEN A
LETTER TO THE DIVISION OF TRAFFIC REGARDING THE PROBLEM THE
CITY IS HAVING MAINTAINING THE TRAFFIC LIGHT LOCATED AT
BUCHANAN AND AlA. THE CITY MANAGER ALSO INFORMED COUNCIL
THAT SHE WAS WRITING TO SENATORS AND REPRESENTATIVES REQUESTING
PROPOSED
THEY SUPPORTASENATE AND HOUSE BILLS REGARDING MAINTENANCE OF
TRAFFIC LIGHTS,
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT
9:14 P.M.
APPROVED THIS 20th DAY OF MAY , 1980,
COUNCIL MINUTES
MAY 6, 1980
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