HomeMy WebLinkAbout04-21-1981 Regular Meetingfs MICROFILMED 4- 15 -85-
CITY COUNCIL
REGULAR MEETING
APRIL 21, 1981
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF''CAPE
CANAVERAL, FLORIDA WAS HELD ON APRIL 21, 1981 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR J.L. MURPHY, JR.
AT 7:30 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE: MAYOR J.L. MURPHY, JR., COUNCIL. MEMBERS L. BOYD, J. CALVERT,
P. LEE AND W. RUTHERFORD; ACTING CITY MANAGER A.J. FRANCIS, CITY
MANAGER P. WITSCHEN, CITY ATTORNEY JOSEPH SCOTT, CITY CLERK P.J.
BEAULIEU AND SERGEANT -AT -ARMS REILLY.
MR. LEE MOVED TO WAIVE READING OF THE MINUTES OF THE REGULAR
MEETING AND EMERGENCY MEETING OF APRIL 7. MR. RUTHERFORD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR MURPHY READ A PROCLAMATION DESIGNATING THE MONTH OF MAY
AS CLEAN UP, FIX UP, PAINT UP MONTH. MAYOR MURPHY EXPLAINED THAT
THE CITY'S BEAUTIFICATION BOARD HAD DECLARED MAY AS CLEAN UP, FIX
UP, PAINT UP MONTH AND ENCOURAGED ALL CITIZENS TO PARTICIPATE IN
THE EFFORT.
UNFINISHED BUSINESS
ITEM 1. RESOLUTION NO. 81--22 RE: ACCEPTANCE OF 60 -FOOT RIGHT,
OF -WAY FOR STREET AND SEWER EASEMENT'COMBIN TION FOR
INTERNATIONAL DRIVE(POSTPONED AT 4 -7 MEETING)
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION ACCEPTING THAT CERTAIN DEDICATION OF
PROPERTY FROM CANAVERAL BAY DEVELOPMENT CORPORATION,
LOCATED ON INTERNATIONAL DRIVE IN THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION.
MR. JACK MOLINE WAS IN ATTENDANCE AND QUESTIONED COUNCIL AS TO THE
LOCATION OF THE PROPERTY REFERRED TO IN THE RESOLUTION. CITY
ATTORNEY SCOTT POINTED OUT THE PROPERTY ON A SURVEY MAP WHICH WAS
ON EXHIBIT AT THE MEETING AND WHICH OUTLINED THE PROPERTY IN RED.
SURVEY MAP WAS INCOMING CITY LOG NO. 810219.
VOTE. ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. RESOLUTION
NO. 81 -22 ADOPTED.
ITEM 2. MOTION RE: TRANSFER OF $2,000
MICROFILMED 4.15 -85
MAYOR MURPHY EXPLAINED THAT THIS TRANSFER WOULD COVER REPAIRS
ON THE AIR CONDITIONER AT THE POLICE DEPARTMENT. MAYOR 'MURPHY MOVED
TO TRANSFER $2,000 FROM THE CITY HALL REPAIR ACCOUNT TO THE POLICE
DEPARTMENT BUILDING REPAIR ACCOUNT. MRS. CALVERT SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 1. ORDINANCE NO`.':6 *81.AMENDING CITY CHARTER ARTICLE XVII
SECTION 10 , AS'. AMENDED,' RE:' ' SETTING MAXIMUM AMOUNT
OF 200 FOR PURCHASES WITHOUT REQUIRING THREE' BIDS
(FIRST READING
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING SECTION 10, ARTICLE XVII
OF THE CHARTER OF THE CITY OF CAPE CANAVERAL,
FLORIDA, PERTAINING TO PURCHASE BY COMPETITIVE
BIDS, BY PROVIDING AN EXEMPTION THERETO; REPEALING
ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MAYOR MURPHY MOVED TO APPROVE FIRST READING. MRS. BOYD
SECONDED MOTION. IT WAS NOTED THAT AFTER THE ADOPTION OF THIS
ORDINANCE IT WOULD NOT BE NECESSARY TO SECURE THREE PRICES ON
PURCHASES COSTING LESS THAN $200. MOTION CARRIED UNANIMOUSLY.
FIRST READING APPROVED.
ITEM 2. ORDINANCE NO:.7-81 AMENDING CODE CHAPTER 535, AS
.AMENDED, RE': ''INCREASING SEWER 'CONNECTION ASSESS-
MENT FIRST READING
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 535, ENTITLED "SEWER
CONNECTION, ASSESSMENTS ", BY INCREASING THE SEWER
CONNECTION ASSESSMEN'T'S FOR SINGLE FAMILY DWELLING
UNITS, MULTIPLE FAMILY DWELLING UNITS, MOBILE PARK
SPACE, HOTEL OR MOTEL ROOMSO RESTAURANTS AND LOUNGES,
CONDOMINIUM UNITS, LAUNDROMATS AND OTHER COMMERCIAL
UNITS; BY PROVIDING AN EFFECTIVE DATE.
MR. LEE MOVED TO APPROVE FIRST READING. MR. RUTHERFORD
SECONDED MOTION. MAYOR MURPHY EXPLAINED THAT AT THE NEXT COUNCIL
WORKSHOP THE RATES WOULD BE DISCUSSED FURTHER AND ENCOURAGED THOSE
PRESENT TO ATTEND THE MEETING. HE ALSO EXPLAINED THAT THE INCREASE
WOULD BE SUBSTANTIAL. MOTION ON THE FLOOR CARRIED UNANIIMOUSLY.
FIRST READING APPROVED.
ITEM 3. RESOLUTION NO. 81 -24 RE: - APPOINTMENT OF CITY MANAGER
AT THIS TIME, MAYOR MURPHY INTRODUCED MR. PETER WITSCHEN, THE
NEW CITY MANAGER, TO THOSE IN ATTENDANCE.
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION APPOINTING A CITY MANAGER; PROVIDING
FOR COMPENSATION FOR SAID CITY MANAGER; PROVIDING
AN EFFECTIVE DATE.
COUNCIL MINUTES
4 -21 -81
PAGE 2 OF 5
MICROFILM
MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED'" 00
MOTION. AT THIS TIME, MRS. CALVERT THANKED MR. FRANCIS FOR
ASSISTING THE CITY AS ACTING CITY MANAGER.
VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR,
MRS. BOYD, MRS. CALVERT, MR. LEE AND MR. RUTHERFORD, OPPOSED,
ITEM 4. RESOLUTION NaQ'. 81 -25 RE APPROVING JOINING CITY OF
PALM BAY IN DOUBLE TAXATION 'INVESTIGATION STUDY
MAYOR MURPHY READ THE RESOLUTION IN. FULL ENTITLED:
A RESOLUTION BY THE CITY OF CAPE CANAVERAL,
FLORIDA, JOINING WITH THE OTHER CITIES OF
BREVARD COUNTY TO CONDUCT PHASE'I OF A DOUBLE
TAXATION INVESTIGATION STUDY; TO APPROVE THE
CITY OF PALM BAY AS THE LEAD CITY; TO PROVIDE
AN EFFECTIVE DATE.
MAYOR MURPHY MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION.
AFTER DISCUSSION ON THE PROPOSED STUDY, MRS. BOYD MOVED TO AMEND
THE RESOLUTION BY INSERTING THE FOLLOWING: "NOT TO EXCEED $360.00" t
AT THE END OF SECTION 1. MAYOR MURPHY SECONDED MOTION. MOTION AND
AMENDMENT CARRIED UNANIMOUSLY.
AT THIS TIME, CAPTAIN BARRINGER OF THE BREVARD COUNTY SHERIFF'S
STAFF APPEARED BEFORE THE CITY COUNCIL AND INTRODUCED THE CANAVERAL
PRECINCT'S NEW COMMANDING OFFICER CAPTAIN JIMMY JACKSON. CAPTAIN
BARRINGER EXTENDED HIS APPRECIATION TO COUNCIL FOR THEIR CONSIDERATION
r
AND COOPERATION DURING HIS ASSIGNMENT IN THE CITY.
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DISCUSSION
MR. FRANCIS REPORTED THAT HE HAD LOOKED INTO JETTY PARK SEWER
CONNECTIONS AND INFORMED COUNCIL THEY .BASICALLY HAVE THE SAME AMOUNT
OF SPACES (81) THAT THEY HAD WHEN THE PARK OPENED. THE OTHER JETTY
PARK SEWER BILLING IS ON A CONSUMPTION BASIS AND IS BILKED BY WATER
CONSUMPTION.
MR. FRANCIS ALSO REPORTED THAT THE CITY HAD AN OVER 'ABUNDANCE OF
SCALLOP MATERIALS ENTERING THE SEWER SYSTEM FROM ONE OF THE PROCESSING
BUSINESSES AT THE PORT. MR. WITSCHEN IS TO MEET WITH MR. GRIFFIS ON
THIS SUBJECT.
MR. LEE REPORTED ON HIS CONVERSATION WITH GEORGE FIRKINS OF
CEVESCO REGARDING THE CITY PAYING CEVESCO FOR INSTALLATION OF THE
WATER LINE TO THE SEWER PLANT. MAYOR MURPHY SUGGESTED THE CHECK BE
CUT AFTER THE CITY RECEIVES AN ASSURANCE FROM MR. FIRKINS THAT THE
COUNCIL MINUTES
PA6 310F 5
INSTALLATION OF THE LINE IS UNDER COkSTRUMMOFILMED
MR. LEE BROUGHT UP THE,SUBJECT OF THE TWEED LAWSUIT AND EXPLAINED
THAT HE HAD SPOKEN WITH CHARLES HARRIS, ATTORNEY FOR THE CITY IN THE
TWEED CASE. MR. LEE DETAILED THE SALARY THAT WOULD HAVE BEEN DUE
PLUS INTEREST AND FRINGE BENEFITS IF MR. TWEED HAD BEEN ABLE TO
SERVE THRU THE REMAINDER OF HIS CONTRACT WITH THE CITY. THE TOTAL
OF ALL THREE ITEMS CAME TO APPROXIMATELY $24,000. HE ALSO PRESENTED
COUNCIL WITH A NEWSPAPER ARTICLE AND EXPRESSED HIS CONCERN THAT THE
ARTICLE MIGHT POSSIBLY BE INTRODUCED DURING COURT PROCEEDINGS. MR. LEE
INFORMED COUNCIL THAT MR. TWEED HAD OFFERED TO SETTLE FOR $15,000
AND MR. HARRIS HAD RECOMMENDED THAT THE CITY SETTLE.
MR. LEE MOVED FOR AN ADD ON ITEM TO SETTLE THE TWEED CASE OUT
OF COURT. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. LEE MOVED TO SETTLE THE TWEED CASE OUT OF COURT FOR $12,000.
MR. RUTHERFORD SECONDED MOTION. DISCUSSION FOLLOWED AND MR. LEE
EXPLAINED THAT BY SETTLING OUT OF COURT THE CITY MIGHT SAVE THE
TAXPAYERS MONEY DUE TO COURT COSTS AND THE POSSIBILITY OF A DEFEMATION
OF CHARACTER SUIT IF TWEED WINS THE SUIT.
VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR, MRS.
BOYD, MRS. CALVERT, MR. LEE AND MR. RUTHERFORD, OPPOSED, MAYOR MURPHY.
MOTION CARRIED. MAYOR MURPHY EXPLAINED THAT THE $120,000 WOULD BE FROM
CONTINGENCY MONEY.
MR. WITSCHEN EXPLAINED THAT CATAMARANS HAD BEEN PULLED ACROSS THE
BEACH DUNES RECENTLY. DISCUSSION FOLLOWED ON THE SUBJECT. MAYOR
MURPHY SUGGESTED AN ITEM BE PLACED ON THE NEXT WORKSHOP TO FORMULATE °
A CITY POLICY COVERING NOT ONLY CATAMARANS BUT SURFING ALSO. MRS.
CALVERT SUGGESTED THE CITY LOOK INTO THE PROBLEM OF PEOPLE SHARK
FISHING IN BATHING AREAS.
CITY ATTORNEY SCOTT MENTIONED THAT THE DEPARTMENT OF TRANSPORTATION
HAD SUBMITTED A FORM REQUESTING AUTHORIZED SIGNATURES FOR THE TEMPORARY
CLOSING OF STATE ROADS. IT WAS SUGGESTED THAT MR. WITSCHEN SIGN FOR
THE CITY AND THAT MR. WITSCHEN CONTACT THE CAPTAIN AT THE SHERIFF'S
DIVISION FOR HIS SIGNATURE. ATTORNEY SCOTT POINTED OUT THAT THE STATE
WAS ALSO REQUESTING A COPY OF A DOCUMENT AUTHORIZING THE SIGNATURES.
MAYOR MURPHY REQUESTED THIS BE PLACED ON THE NEXT WORKSHOP.
ATTORNEY SCOTT REPORTED TO COUNCIL ON THE REQUIREMENTS FOR
COUNCIL MINUTES
4 -21 -81
PAGE 4 OF 5
PiACING AN ITEM ON A REFERENDUM.
BE PLACED ON THE NEXT WORKSHOP.
MICROFILMED 4.15 -85
MAYOR MURPHY REQUESTED THAT THIS
A HARBOR HEIGHTS RESIDENT IN THE AUDIENCE COMPLAINEDIREGARDING
THE CONSTANT BURNING AT OCEAN CLUB DEVELOPMENT. IT WAS EXPLAINED
THAT THE BURN ORDINANCE ALLOWED THIS TYPE OF BURN HOWEVER, BURNING
WAS NOT TO TAKE PLACE IN THE EVENING, i'.`::°
THERE BEING NO BURTHER BUSINESS, THE MEETING ADJOURNED AT
9:03 P.M.
APPROVED THIS 5 DAY OF Y �, 1981.
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