HomeMy WebLinkAboutMinutes 09-07-1982CITY COUNCIL
REGULAR MEETING
SEPTEMBER 7, 1982
A REGULAR MEETING Or THE CITY COUNCIL OF THE CITY OP
CAPE CANAVERAL, FLORIDA WAS HELD ON SEPTEMBER 7, 1982 AT
CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L.
MURPHY, JR. AT 7:30 P.M -
THE ROLL WAS CALLED BY THE .CITY CLERK. OFFICIALS PRESENT
WERE MAYOR JOHNSON L. MURPHY,JR., COUNCIL MEMBERS J. CALVERT,.
L. HARRIS, L. NICHOLAS AND W. RUTHERFORD; CITY ATTORNEY/MANAGER
J. SCOTT AND CITY CLERK P. BEAULIEU.
MR. RUTHERFORD MOVED TO WAIVE THE .READING OF THE MINUTES
OF AUGUST 17 AND AUGUST 31. MRS. HARRIS SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
19
ITEM I. STANDARDS BUILDING CODE ASECONDOPTID READINGDPOSTPONED,
AUGUST 7
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE
AS FOLLOWS:
AN ORDINANCE REPEALING CHAPTER 611 OF THE CITY
CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA AND
SUBSTITUTING THEREFORE CHAPTER 611 ENTITLED BUILDING
CODE; ADOPTING VARIOUS STANDARD CODES RELATING TO
INSPECTION ACTIVITIES OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AND ENFORCEMENT OF, BUILDING PROVISIONS, AS
PROVIDED IN SAID CODES; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT 11EREWITII; PROVIDING AN EFFECTIVE
DATE.
MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD
SECONDED MOTION.
IT WAS EXPLAINED THAT THIS ORDINANCE WAS ADOPTING
THE 1982 CODES CONCERNING BUILDING AND THERE WERE NO SIGNIFICANT
CHANGES IN ANY OF THE REVISED CODES.. MOTION, ON THE FLOOR CARRIED
UNANIMOUSLY. ORDINANCE NO. 13-82 ADOPTED ON SECOND READING.
ITEM 2. MOTION RE: AUDIT SERVICES
MAYOR MURPHY EXPLAINED THAT THIS ITEM HAD BEEN
DISCUSSED AT SEVERAL WORKSHOPS.
MRS. CALVERT MOVED TO APPOINT DOBSON, JONES AS THE
'CITY'S AUDITORS. MR. RUTHERFORD SECONDED MOTION.
AT THIS TIME, MR. NICHOLAS SPOKE REGARDING THE BID
PRICES FOR THE AUDIT SERVICES. 'COUNCILMAN NICHOLAS MOVED TO AMEND
THE MOTION TO GIVE THE BID TO THE LOWEST BIDDER, FLOYD LEMMON.
NOTION FAILED FOR LACK OF A SECOND.
VOTE ON THE MOTION ON TUE FLOOR WAS AS FOLLOWS:
IN FAVOR, MRS. CALVERT, MRS. HARRIS. MAYOR MURPHY AND 'MR.
RUTHERFORD, OPPOSED, MR. NICHOLAS. MOTION CARRIED.
ITEM 1. RESOLUTION NO. 82-45 RE: ADOPTION OF
1982-83 FISCAL YEAR BUDGET -PUBLIC IIEARING
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION
AS FOLLOWS:
A RESOLUTION ADOPTING THE ANNUAL GENERAL FUND
BUDGET, ANNUAL SANITARY SEWER BUDGET AND ANNUAL
RECREATION COMPLEX BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1982 AND ENDING SEPTEMBER
30, 1983; PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. 'MRS.
HARRIS SECONDED MOTION.
APPROXIMATELY 25 CITIZENS WERE IN ATTENDANCE
AT THIS PUBLIC HEARING. COPIES OF THE PROPOSED BUDGET HAD
BEEN DISTRIBUTED FOR THEIR INFORMATION.
MAYOR MURPHY PROCEEDED TO REVIEW THE ANTICIPATED
REVENUES AND EXPENDITURES FOR THE GENERAL FUND. THE MAJOR SOURCES
OF INCOME IN THE GENERAL FUND WERE READ ALOUD. IT WAS NOTED
THAT THE FEDERAL REVENUE SHARING FUNDS WERE APPROPRIATED FOR
LAN ENFORCEMENT. THE SEWER AND RECREATION FUNDS WERE ALSO
REVIEWED.IT WAS NOTED THAT ,THE ANTICIPATED SEWER INCOME WAS
$458,699 WHICH INCLUDED AN 8.38 INCREASE IN SEWER FEES FOR SIX
MONTHS OF THE UPCOMING FISCAL YEAR.
DISCUSSION FOLLOWED ON THE 1/2 CENT SALES TAX
AND. THE UTILITY TAX ROLLBACK' FIGURE. IT WAS EXPLAINED THAT SINCE
THE CITY'S AD VALOREM TAX WAS. LESS THAT 4 MILLS, THE UTILITY TAX
ROLLBACK .WAS NECESSARY. THE PROPOSED UTILITY TAX WAS 8.538.
IT WAS NOTED THAT, A COST OF LIVING INCREASE
OF 7.4% HAD BEEN GRANTED TO ALL CITY EMPLOYEES.
MOTION ON THE FLOOR FOR ADOPTION OF THE BUDGET
CARRIED UNANIMOUSLY.
CITY COUNCIL
9-7-82
PAGE 2 OF 7
ITEM 2. RESOLUTION NO. B2-46 RE: SETTING OF NILLAGE FOR
FISCAL YEAR 1982-83
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION ESTABLISHING A MILLAGE RATE FOR THE
LEVY OF AD VALOREM TAXES FOR 1982 ON ALL TAXABLE
PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
NRS. CALVERT MOVED FORADOPTION. MR. RUTHERFORD
SECONDED MOTION.
MAYOR MURPHY EXPLAINED THAT TRIS YEAR'S MILLAGE
RATE WAS SET AT 1.183, A REDUCTION FROM LAST YEAR'S RATE OF 1.442.
VOTE ON THE MOTION FOR ADOPTION CARRIED UNANIMOUSLY .
ITEM 3. RESOLUTION N0. 82-47 RE: AGREEPIENT FOR LAW ENFORCE—
MENT PROTECTION SERVICES FOR FISCAL YEAR 1982-83
MAYOR MURPHY READ THE RESOLUTION ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY
CLERK TO ENTER INTO. AN AGREEMENT WITH THE BREVARD
COUNTY SHERIFF'S DEPARTMENT TO PROVIDE POLICE
SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MRS. HARRIS
SECONDED MOTION.
MAYOR MURPHY EXPLAINED THAT THIS AGREEMENT RENEWED
THE CITY'S CONTRACT. WITH THE SHERIFF. IT CONTAINED SOME MODIFICA—
TIONS AND AN INCREASE IN PRICE TO $327,530. HE FURTHER NOTED THAT
TIiR CITY REQUESTED MORE EXPERIENCED DEPUTIES ON DUTY. IT. WAS NOTED
1781P SOME CONSIDERATION HAD BEEN GIVEN TO PUTTING THREE DEPUTIES ON
DUTY FOR FRIDAY AND SATURDAY NIGHT SHIFTS, HOWEVER, THAT WAS NOT A
PART OF THIS CONTRACT BUT COULD BE AT. A LATER, TIME FOR AN INCREASE
IN COST. .DISCUSSION FOLLOWED BETWEEN CITIZENS IN THE AUDIENCE AND
COUNCIL REGARDING THE POLICE PROTECTION. ATTORNEY SCOTT WAS REQUESTED
TO LOOK INTO THE MONTHLY ACTIVITY REPORTS.
MOTION ON THE FLOOR FOR ADOPTION OF THE RESOLUTION
CARRIED UNANIMOUSLY-
FIR
NANIMOUSLY.
ITEM 4. RESOLUTION.NO. 82-48 RE: FI RE PIGIITING AGREEMENT
DETWEEN THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTb1ENT
THE CITY OF CAPE CANAVERAL AND CANAVERALPORT AUTHORITY
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS
FOLLOWS:
A RESOLUTION APPROVING THE TENTH RENEWAL OF THE
FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF
CAPE CANAVERAL AND CANAVERAL PORT AUTHORITY;
PROVIDING AN EFFECTIVE DATE
MR. NICHOLAS MOVED FOR ADOPTION. MR. RUTHERFORD
SECONDED MOTION..
CITY COUNCIL, 9-7-82
MAYOR MURPHY EXPLAINED THAT THIS RESOLUTION WOULD
RENEW THE CITY'S AGREEMENT WITii THE PORT TO PROVIDE FIRE PROTECTION
SERVICES FOR $15,600.
DURING DISCUSSION IT WAS POINTED OUT THAT DUE TO
THE INDUSTRIAL NATURE OF ,THE PORT THERE WAS MORE POTENTIAL DANGER
TO THE FIREMEN AND FIRE FIGHTING EQUIPMENT IN FIGHTING FIRES AT
THE PORT AS OPPOSED TO FIGHTING FIRES WITHIN THE CITY. THE
POSSIBILITY OF LIABILITY INVOLVED IN FIGHTING THE PORT FIRES WAS
DISCUSSED.
VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF THE
RESOLUTION WAS AS FOLLOWS: IN FAVOR, MR. RUTHERFORD, OPPOSED,
MRS. CALVERT, MRS. HARRIS, MAYOR MURPHY AND MR. NICHOLAS. RESOLUTION
NO. 82-48 FAILED.
ITEM 5. RESOLUTION NO. 82-49 RE' AGREEMENT BETWEEN
THE CITY, BREVARD COUNTY BOARD OF COMMISSIONERS
AND BREVARD COUNTY SHERIFF'SDEPARTMENT FON
LEASE OF POLICE BUILDING
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO AN AGREEMENT WITii THE BREVARD COUNTY
SHERIFF'S DEPARTMENT AND THE BREVARD COUNTY BOARD OF
COUNTY COMMISSIONERS TO LEASE THE CITY OF CAPE CANAVERAL
POLICE DEPARTMENT BUILDING; PROVIDING AN EFFECTIVE DATE.
MRS.CALVERT MOVEDFOP ADOPTION. MRS. HARRIS SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. RESOLUTION NO. 82-50 RE: ACREEFU:NT FOR CITY
ATTORNEY ggRVICE
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS
FOLLOWS:
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA TO ENTER INTO AN AGREEMENT WITH JOSEPH 14.
SCOTT TO PROVIDE LEGAL SERVICE TO THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MRS. HARRIS
SECONDED NOTION. NOTION CARRIED, UNANIMOUSLY.
ITEhI 7, RESOLUTION NO: 82-51 RE: RECREATION BOARD
RULES OF PROCEDURE
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPRDVING THE RULES OF PROCEDURE OF THE
RECREATION BOARD OF THE CITY OF CAPE CANAVERAL; RE
PEALING RESOLUTION NO. 65-19; PROVIDING AN EFFECTIVE DATE
MRS. CALVERT ;•LOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION, MOTIONCARRIED UNANL•IOUSLY.
ITEM E.RESOLUTION N0. 82-52 RE, DESIGNATION OF
DEPOSITORIES
CITY COUNCIL
9-7-82
PAGE 4 nP 7
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS
FOLLOWS:
A RESOLUTION APPOINTING OFFICIAL DEPOSITORIES FOR
CITY FUNDS; PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. ,NRS. CALVERT
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 9. RESOLUTION NO. 82-53 RE: APPOINTMENT OF
LIBRARY BOARD MEMBER
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS
FOLLOWS:
A RESOLUTION APPOINTING A REGULAR MEMBER TO THE
LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE.,
MAYOR MURPHY MOVED FOR ADOPTION. MRS. CALVERT SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 82-53 APPOINTED
MRS. HILMA GOFF TO THE LIBRARY BOARD WITH A TERM TO EXPIRE ON JULY 1,
1987.
ITEM 10. ORDINANCE NO. 17-82 RE: REFERENDUM QUESTION
REGARDING HEIGHT LIMITATIONS FIRST READING
AND PUBLIC HEARING
MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY
OF CAPE CANAVERAL, FLORIDA, A PROPOSED AMENDMENT TO
CHAPTER 630 "ZONING REGULATIONS" OF THE CITY OF CAPE
CANAVERAL, FLORDIA, PERTAINING TO MAXIMUM HEIGHT OF
BUILDINGS; ESTABLISHING THE LANGUAGE FOR THE PROPOSED
AMENDMENT IN THE REFERENDUM; REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE
P1RS. CALVERT MOVED TO APPROVC FIRST READING. MR.
RUTHERFORD SECONDED MOTION.
IT WAS NOTED THAT TUE HEIGHT LIMITATIONS IN THIS
ORDINANCE WERE THE SAME AS TUE HEIGHT LIMITATIONS IN THE PROPOSED
'ZONING DRAFT.
MR. NICHOLAS MOVED TO AMEND THE MOTION ON THE FLOOR
BY SETTING TUE R-3 HEIGHT LIMITATIONS AT 40 FEET. 2 -IRS. HARRIS
SECONDED MOTION FOR THE PURPOSE OF DISCUSSION. DISCUSSION BROUGHT
OUT TUE FACT THAT THE AREAS PRESENTLY ALLOWING 45 FEET WOULD BE NON-
CONFORMING II THE HEIGHT WAS SET AT 40 FEET. THE QUESTION AROSE
REGARDING CHANGING THE NON -CONFORMING REGULATION IN THE ZONING OR-
DINANCE.
AT THIS TIME, CITIZENS IN. THE AUDIENCE WERE GIVEN AN
OPPORTUNITY TO VOICE THEIR OPINIONS ON THE SUBJECT OF THE HEIGHT
LIMITATIONS. AS SET OUT IN THE PROPOSED ORDINANCE. CITY COUNCIL
9-7-82
PAGE 5 OF 7
VOTE ON THE AMENDMENT WAS. AS FOLLOWS: IN FAVOR, MR.
NICHOLAS, OPPOSED, MRS. CALVERT, MRS. HARRIS, MAYOR MURPHY AND
MR. RUTHERFORD.. AMENDMENT FAILED.
VOTE ON THE MAIN MOTION TO APPROVE FIRST READING OF
THE ORDINANCE WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT, MRS.BARRIS
AND MR. RUTHERFORD, OPPOSED MAYOR MURPIIY AND MR. NICHOLAS. FIRST
READING OF ORDINANCE No. 17-82 PASSED.
ITEM 11. ORDINANCE NO 18-82 RE: DECREASING UTILITY TAX
FIRST BEADING AND PUBLIC HEARING)
MAYOR MURPHY READ THE ORDINANCE ENTITLED:
AN 1 "UTILITY
OF THEI CITYDC DIENOFNTHEOCITYDE IIOFTCAPEER Q CANAVERAL, FLORIDA.
BY REDUCING THE RATE LEVIED FOR UTILITY TAX; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED TO APPROVE FIRST READING. MRS.
HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 12. MOTION RE: AUTHORIZATION FOR BUILDING OFFICIAL
TO ATTEND SOUTHERN BUILDING CODE CONGRESS
MAYOR MURPHY MOVED TO RECOMMEND THAT BUILDING OFFICIAL
HINES BE AUTHORIZED TO ATTEND THE SOUTHERN BUILDING CODE CONGRESS.
MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MRS. CALVERT BROUGHT UP THE SUBJECT OF THREE PLANNING
AND ZONING BOARD MEMBERS TERMS WIIICII WOULD SOON EXPIRE.
MRS. CALVERT MOVED TO ADD AN ITEM TO TBE AGENDA. MRS.
HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
TIIE TERMS DUE TO EXPIRE WERE THE FOLLOWING: CHARLES
MCCONNELL, RICHARD TIIURM AND THOMAS QUINN.
MR. NICHOLAS MOVED TO REAPPOINT THE THREE PEOPLE TO THE
PLANNING AND ZONING BOARD. MOTION FAILED FOR LACK OF A SECOND.
MAYOR MURPHY SUGGESTED THAT THE APPOINTMENTS BE MADE
SEPARATELY-
MRS. CALVERT MOVED TO APPOINT CHARLES t•1CCONNBLL. MRS-
MRS.
SECONDED MOTION. NOTION CARRIED UNANIMOUSLY.
MRS. CALVERT MOVED TO APPOINT RICHARD THUR14- MRS. HARRIS
SECONDED ¢LOTION. MOTION CARRIED UNANIMOUSLY.
MR. NICHOLAS MOVED TO REAPPOINT MR. QUINN. MOTION FAILED
CITY COUNCIL
FOR LACK OF A SECOND. 9-7-82
PAGE 6 OF 7
DISCUSSION:
MRS. HARRIS INFORMED THE CITIZENS PRESENT THAT A CITIZENS
GROUP, WOULD BE MEETING ON OCTOBER 6 AT 7:30 AT, CITY HALL AND IN-
VITED ALL INTERESTED PERSONS TO ATTEND. IT WAS NOTED THAT THIS WAS
NOT A CITY .FUNCTION.
MR. RUTHERFORD POINTED OUT THE BREVARD LEAGUE MEETING
WOULD BE THE FOLLOWING MONDAY.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT
9:13 P.M.
APPROVED THIS 21 DAY OFScptembcr , 1982.
7AY R �
CITY CLERK U
CITY COUNCIL
9-7-82
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