HomeMy WebLinkAbout10-07-1980 Regular MeetingMICR®FIU%, D 4.15 -85
CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1980
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA WAS HELD ON OCTOBER 7, 1980 AT
CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER AT 7:31 P.M. BY MAYOR
JOHNSON L. MURPHY, JR.
THE ROLL WAS CALLED BY THE DEUPTY 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
JOSEPH SCOTT, CITY MANAGER ANITA J. OSTROM, DEPUTY CITY CLERK
BARBARA MERCILLIOTT AND SGT. AT ARMS JOAN HUDEPOHL.
MR. RUTHERFORD MOVED TO WAIVE READING OF THE MINUTES OF
SEPTEMBER 16, 1980. MR. LEE SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1. MOTION RE: TWEED LAWSUIT SETTLEMENT
MAYOR MURPHY STATED THAT COUNCIL RECEIVED A LETTER FROM
MR. TWEED'S ATTORNEY OFFERING TO SETTLE IN THE AMOUNT OF
$20,000 AND FURTHER STATED THAT COUNCIL HAD TWO ALTERNATIVES;
SETTLE FOR $20,000 OR MAKE A MOTION FOR SUMMARY JUDGMENT.
ATTORNEY SCOTT EXPLAINED A MOTION FOR SUMMARY JUDGMENT
MEANS THAT EVEN THOUGH THE OPPOSITION'S FACTS ARE TRUE, AS A
MATTER OF LAW, THE PERSON IS NOT ENTITLED TO RECOVER. IF
MOTION WAS GRANTED, SUIT WOULD BE DISMISSED, IF MOTION WAS NOT
GRANTED, CITY WOULD PROCEED TO TRIAL.
MAYOR MURPHY MOVED FOR MOTION FOR SUMMARY JUDGMENT.
MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 1. FIRST PUBLIC HEARING ON PROPOSED MILLAGE AND
RECREATION AND STORM DRAINAGE BUDGETS
ATTORNEY SCOTT EXPLAINED THAT BECAUSE OF THE UNCERTAINTY
lj OF WHAT THE MILLAGE RATES ARE GOING TO BE UNITL AFTER THE
it OCTOBER 7, PRIMARY, (1.441 IF AMENDMENT PASSES AND 1.386 IF
AMENDMENT FAILS), NO ACTION IS NECESSARY ON THIS ITEM UNTIL
FINAL PUBLIC HEARING ON OCTOBER 16.
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CITY COUNCIL MEETING
i' OCTOBER 7f 1980
ITEM 2. RESOLUTION NO. 80 -39 RE: APPOINTING
RECREATION BOARD MEMBERS
MAYOR MURPHY READ THE RESOLUTION IN FULL INSERTING
THE NAME OF DALLAS DEEVERS AS REGULAR MEMBER, JOAN MURPHY
AS FIRST ALTERNATE MEMBER AND GERALD MURRAY AS- SECOND ALTER-
NATE. DEEVERS AND MURRAY'S TERM - EXPIRES OCTOBER.], 1982 AND
MURPHY.'S TERM EXPIRES OCTOBER 1, 1981.
TITLE OF THE RESOLUTION IS AS FOLLOWS:
• RESOLUTION APPOINTING A REGULAR MEMBER AND
• FIRST AND SECOND ALTERNATE MEMBER TO THE
RECREATION BOARD; PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 3. MOTION RE: FORMING INVESTIGATION COMMITTEE
TO CHECK ALLEGATIONS AGAINST CITY MANAGER.
MAYOR MURPHY MOVED TO APPOINT ATTORNEY RICHARD SCOTT TO
INVESTIGATE THE WRITTEN ALLEGATIONS AGAINST OUR CITY MANAGER
AND BRING THE FACTS BACK TO COUNCIL. MR. LEE SECONDED THE
MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR; MR.
LEE AND MAYOR MURPHY, OPPOSED; MRS. BOYD, MRS. CALVERT AND
MR. RUTHERFORD. MOTION FAILED.
AFTER MUCH DISCUSSION ON THIS SUBJECT, MRS. BOYD MOVED
FOR A SPECIAL WORKSHOP ON MONDAY, OCTOBER 13 TO FURTHER
DISCUSS APPOINTING AN IMPARTIAL COMMITTEE TO CHECK ALLEGATIONS
AGAINST CITY MANAGER. MR. RUTHERFORD SECONDED MOTION. VOTE
ON MOTION WAS AS FOLLOWS: IN FAVOR; MRS. BOYD, MRS. CALVERT,
MR. LEE AND MR. RUTHERFORD; OPPOSED, MAYOR MURPHY. MOTION
CARRIED.
ITEM 4. MOTION RE: REIMBURSEMENT OE TRAVEL-EXPENSES
INCURRED BY APPLICANT 'FOR 'CITY CLRRKIS7
POSITION
MR. LEE MOVED TO REIMBURSE BOBBI SMITH FOR TRAVEL
EXPENSES (320 MILES AT .20 PER MILE) IN THE AMOUNT OF $64.00.
MAYOR MURPHY SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS;
IN FAVOR, MR. LEE, MAYOR MURPHY AND MR. RUTHERFORD; OPPOSED,
MRS. BOYD AND MRS. CALVERT. MOTION CARRIED.
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CITY COUNCIL MEETING
OCTOBER 7, 1980
MICR®FILo::E® 4.15 -85
DISCUSSION
MR. LEE MOVED FOR AN ADD ON ITEM TO CONSIDER POSSIBLE
TEMPORARY HELP IN CITY HALL. MRS. BOYD SECONDED MOTION.
MOTION FOR AN ADD ON ITEM CARRIED UNANIMOUSLY.
MR. LEE MOVED TO OFFER MRS. CHRISTINE LIVAUDAIS EMPLOYMENT
WITH THE CITY ON A TEMPORARY BASIS. MAYOR MURPHY SECONDED
MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MRS..
CALVERT, MR. LEE, MAYOR MURPHY AND MR. RUTHERFORD; OPPOSED,
MRS. BOYD. MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT
9:15 P.M.
APPROVED THIS 21ST DAY OF OCTOBER , 1980.
�sr. ��/'
CITY CLERK
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CITY COUNCIL MEETING
OCTOBER 7, 1980