HomeMy WebLinkAbout09-15-1981 Regular MeetingMICROFILMED 4.15 -8
REGULAR MEETING
CITY COUNCIL
SEPTEMBER 15, 1981
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA WAS HELD ON SEPTEMBER 15, 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 J. CALVERT, P. LEE
AND W. RUTHERFORD; CITY ATTORNEY J. SCOTT, CITY MANAGER P. WITSCHEN,
CITY CLERK P. BEAULIEU. COUNCILWOMAN V. BOYD WAS ABSENT DUE TO OUT
OF TOWN BUSINESS.
MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
SEPTEMBER 1. MR RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANI-
MOUSLY.;
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 16 -81 AMENDING CODE CHAPTER 721, RE:
OCCUPATIONAL LICENSES NEW FEE SCHEDULE; ESTABLISHING
ADMINISTRATIVE HEARING AND APPELLATE PROCESS (SECOND
RRADMG AND PUBLIC HEARING
THE ORDINANCE WAS READ IN FULL ENTITLED:
AN ORDINANCE AMENDING CODE CHAPTER 721, "OCCUPATIONAL
LICENSES ", OF THE CODE OF THE CITY OF CAPE CANAVERAL
FLORIDA, BY ESTABLISHING AN ADMINISTRATIVE HEARING AND,
APPELLATE PROCESS; ESTABLISHING A NEW FEE SCHEDULE; RE-
MOVING ALL PORTIONS OF THE CODE IN CONFLICT THEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED
MOTION.
IT WAS POINTED OUT THAT THIS ORDINANCE INCREASED OCCUPATIONAL
LICENSE'FEES 25% ACROSS THE BOARD AND ADDED A NON RENEWAL OF LICENSE
PROVISION.
DISCUSSION FOLLOWED REGARDING THE ORDINANCE AND MODIFICATIONS
CEE MADE AS FOLLOWS:
UNDER "SUBCONTRACTORS" IN THIRD PARAGRAPH AFTER"BREVARD COUNTY"
ADD THE WORDS "OR THE STATE OF FLORIDA ".
UNDER SECTION 721.16 (A) ADD "WRITTEN NOTICE BY CERTIFIED
MAIL" AFTER THE WORDS 730 DAYS ".
UNDER SECTION 721.16 (B) ADD THE FOLLOWING SENTENCE AT THE
END OF FOURTH PARAGRAPH, "THE BOARD OF ADJUSTMENT SHALL ACT AS THE
BOARD OF APPEALS UNDER THIS ORDINANCE ".
• MICROFILMED 4 -15 -85
VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR,
MRS. CALVERT, MR. LEE AND MR. RUTHERFORD, OPPOSED, 'MAYOR MURPHY.
MO.T'ION 'CARRIED ORDINANCE NO. 16 -81 ADOPTED ON SECOND READING.
ITEM 2. PUBLIC HEARING RE: DECLARATION OF PUBLIC NUISANCE
STRUCTURE LOCATED ON LOTS 1, 2, 3 BLOCK 73, AVON -BY-
THE -SEA, 6850 NORTH ATLANTIC AVENUE
MAYOR MURPHY MOVED TO TABLE THIS ITEM. MRS. CALVERT SECONDED
MOTION. IT WAS EXPLAINED THAT THE NEW OWNER OF THIS PROPERTY HAD
INTENTIONS OF RENOVATING THE BUILDING THEREBY MAKING IT SAFE. VOTE
ON THE MOTION ON THE FLOOR WAS UNANIMOUS.
NEW BUSINESS
ITEM 1. ORDINANCE NO. 17 -81 AMENDING ARTICLE 20, SECTION 8,
CITY CHARTER RE: INTEREST RATES FIRST READING AND
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING ARTICLE XX, SECTION 8, OF THE CHARTER
OF THE CITY OF CAPE CANAVERAL, FLORIDA, PERTAINING TO THE
MAXIMUM ALLOWABLE INTEREST RATE, BY PROVIDING�A NEW MAXIMUM
ALLOWABLE INTEREST RATE; REPEALING ALL SECTIONS OF THE CODE
INCONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR, LEE MOVED TO APPROVE FIRST READING. MR. RUTHERFORD SECONDED
MOTION.
IT WAS EXPLAINED THAT THE CITY'S CHARTER PROHIBITS PAYING AN
INTEREST RATE EXCEEDING 6 PERCENT. THE UPCOMING SEWER BOND ISSUE
WOULD EXCEED 6 PERCENT THEREBY NECESSITATING THE CHANGE.
VOTE ON THE MOTION ON THE FLOOR TO APPROVE FIRST READING CARRIED
UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 18 -81 RE: ROAD RESERVATIONS RIDGEWOOD
AVENUE AND EAST WEST CONNECTOR ROAD (FIRST READING
AND PUBLIC HEARING
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ESTABLISHING THE RIDGEWOOD AVENUE EXTENSION AND
EAST /WEST CONNECTOR ROAD, ROAD RESERVATIONS; ESTABLISHING THE
LENGTH OF TIME FOR THE ROAD RESERVATIONS; PROVIDING AN EFFECTIVE
DATE.
MR. RUTHERFORD MOVED TO APPROVE FIRST READING. MAYOR MURPHY
SECONDED MOTION.
MAYOR MURPHY POINTED OUT THE PROPOSED ROAD RESERVATION MAP ON
DISPLAY AT THIS MEETING'FOR THE BENEFIT OF THOSE IN THE AUDIENCE.
MOTION ON THE FLOOR TO APPROVE FIRST READING CARRIED UNANIMOUSLY.
ITEM 3. RESOLUTION' NO, 81,56 RE: APPOINTMENT 'O ' PLAWING, AND
ZONING BOARD MEMBERS
COUNCIL MINUTES
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9 -15 -81
MICROFILMED 4.15.55
MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING RICHARD
CALE AND LAMAR RUSSELL TO THE PLANNING AND ZONING BOARD. THE
TITLE OF THE RESOLUTION WAS AS FOLLOWS:
A RESOLUTION APPOINTING TWO MEMBERS TO THE PLANNING AND
ZONING BOARD PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MR.- RUTHERFORD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 4. RESOLUTION NO. 81 -57 RE: APPOINTMENT OF BOARD OF
ADJUSTMENT MEMBERS
MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING RUSSELL
LLOYD AND WILLIAM WINCHESTER TO THE BOARD OF ADJUSTMENT. THE TITLE
OF THE RESOLUTION WAS AS FOLLOWS:
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 5. RESOLUTION RIO. 71 -58 RE: AGREEMENT- TENNIS INSTRUCTOR
MAYOR MURPHY -READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF
CAPE CANAVERAL, FLORIDA AND TOM ROCCO TO PROVIDE TENNIS IN-
STRUCTIONS AT THE RECREATION COMPLEX; PROVIDING AN EFFECTIVE
DATE.
MR. LEE MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 6. MOTION RE: TRACTOR BIDS
CITY MANAGER WITSCHEN EXPLAINED THAT THE CITY HAD RECEIVED TWO
BIDS FOR THE NEW 32 H.P. TRACTOR. BIDS WERE AS FOLLOWS:
FORD TRACTOR OF BREVARD
(KUBOTA' L345 F)
ROBINSON EQUIPMENT
(MASSEY- FERGUSON 320)
$9,060.00
2,148.78 TRADE IN
;911 ®22 BID
$130500.00
6 ", 2 00*. 0 0 • TRADE IN
$ 7,500 -.00 BID
MR. WITSCHEN WAS RECOMMENDING THAT THE CITY PURCHASE THE
KUBOTA FOR $6,911.22.
DISCUSSION FOLLOWED ON THE BIDS. IT WAS POINTED OUT THAT THE
MASSEY- FERGUSON HAD A TWO -YEAR WARRANTY; AND THE.'iZUBOTA A' _ONE YEAR GUAFAN-
TEE.
MR. LEE MOVED TO AWARD.THE BID TO MASSEY FERGUSON. MRS..CALVERT
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
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9 -15 -81
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ITEM 7. MOTION RE: BUDGET TRANSFERS
MAYOR READ
THE LIST OF BUDGET TRANSFERS RECOMMENDED BY CITY
MANAGER WITSCHEN.
TRANSFERS WERE
AS FOLLOWS:
RECREATION
$556.50
FROM:
402 - 572 -462
(MAINTENANCE)
TO:
402 -572 -52.12
(EQUIPMENT FOR SALE)
STREETS
$200.00
FROM:
001 - 541 -23
(GROUP INSURANCE)
TO:
001 - 541 -523
(UNIFORMS— PURCHASE OF T— SHIRTS $100.00)
AND
001 -541 -463
(STREET REPAIRS $100.00)
WASTEWATER
TREATMENT $140.00
FROM:
401- 525 -523
(UNIFORMS)
TO:
401- 525 -521
(CHEMICALS AND SUPPLIES)
MAYOR MURPHY MOVED TO AUTHORIZE THE BUDGET TRANSFERS. MR.
RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MRS. CALVERT MOVED FOR AN ADD —ON ITEM TO CONSIDER AN ORDINANCE
REPEALING ORDINANCE NO. 8 -81. MR.a', RUTHERFORD SECONDED MOTION.
VOTE ON THE MOTION TO ADD AN ITEM TO THE AGENDA WAS AS FOLLOWS, IN
FAVOR, MRS. CALVERT AND MR. RUTHERFORD, OPPOSED MR. LEE AND MAYOR
MURPHY. MOTION FAILED.
DISCUSSION
AT THIS TIME,MAYOR MURPHY OPENED THE FLOOR FOR DISCUSSION.
MRS. CALVERT EXPLAINED THAT SINCE THERE WOULD NO ELECTION OF
CANDIDATES FOR OFFICE, THE REFERENDUM QUESTION WOULD BE THE ONLY ITEM
ON THE BALLOT AND THE COST OF SUCH AN ELECTION FOR ONE ITEM COULD
BE APPROXIMATELY $1,500. DISCUSSION FOLLOWED.
MR. TEE MOVED TO RECONSIDER AN ADD ON ITEM. MAYOR MURPHY
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MRS. CALVERT MOVED TO ADD AN ITEM TO THE AGENDA. MR. LEE
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ATTORNEY SCOTT ANNOUNCED THE TITLE OF THE ORDINANCE AS FOLLOWS:
ORDINANCE NO. 19 -81 AN ORDINANCE RESCINDING ORDINANCE NO. 8 -81;
PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED TO APPROVE FIRST READING. MR. LEE SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
IT WAS POINTED OUT THAT A SPECIAL MEETING WOULD BE NECESSARY
COUNCIL MINUTES
9- 15 -81, PAGE 4 OF 5
MICROFILMED 4-15-5�1
IN ORDER TO ACT ON SECOND READING OF ORDINANCE 19 -81 PRIOR TO
COUNCIL'S FIRST MEETING IN OCTOBER DUE TO THE FACT THAT ORDINANCE
8 -81 HAD TO BE ADVERTISED ON OCTOBER 1.
CITY MANAGER WITSCHEN REQUESTED THAT COUNCIL ALSO ACT ON
BUDGET TRANSFERS PRIOR TO THE END OF THIS FISCAL YEAR.
A SPECIAL MEETING WAS ANNOUNCED FOR TUESDAY, OCTOBER 29,
1981 AT 7 :00 P.M. TO CONSIDER SECOND READING OF ORDINANCE AND TRANSFERS.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9 :08 P.M.
APPROVED THIS 6 DAY OF OCTOBER , 1981.
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COUNCIL MINUTES
9 -15 -81
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