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Home My WebLink About04-19-1977 Regular Meetingw MICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL APRIL 19, 1977 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON APRIL 19, 1977 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:35 P.M. BY MAYOR L.C. NICHOLAS. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT. WERE: COUNCILMEN F.M. HOOG, J.L. MURPHY, MAYOR L.C. NICHOLAS, COUNCILWOMAN ANN H. THURM; CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS ACTING POLICE CHIEF JESSE CARVER.' COUNCILMAN J.J. SALVAGGIO WAS ABSENT DUE TO VACATION. THE MINUTES OF APRIL 5 WERE APPROVED AS AMENDED. THE TREASURER'S REPORT FOR MARCH WAS FILED FOR AUDIT. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 3 -77 PERTAINING TOGARBAGE AND TRASH CONTAINER REGULATIONS ND READING TABLED 4 -5 MAYOR NICHOLAS READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 5 -74, AS AMENDED, PERTAINING TO GARBAGE AND TRASH COLLECTION; BY ESTABLISHING REGULATIONS FOR THE USE OF MECHANICAL GARBAGE CONTAINERS; BY REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. THERE WAS A MOTION AND AMENDMENT ON THE FLOOR FROM THE MEETING OF APRIL 5. MR. MURPHY MOVED TO FURTHER AMEND SECTION 1 BY THE FOLLOWING: "MULTIPLE DWELLING UNITS CONTAINING LESS THAN TEN (10) UNITS MAY BE PROVIDED A MECHANICAL GARBAGE CONTAINER AT THE DISCRETION OF THE CITY MANAGER, PROVIDED THAT SAID USER REQUESTING SAID CONTAINER PAY THE MONTHLY RENTAL THEREFOR IN ADDITION TO ANY OTHER CHARGES PROVIDED FOR IN SECTION 12.(a) HEREOF." MR. HOOG SECONDED MOTION. AFTER FURTHER DISCUSSION, THIS ITEM WAS TABLED TO THE NEXT REGULAR MEETING BY MOTION OF MR. MURPHY,-SECONDED BY MRS. THURM AND UNANIMOUS VOTE. ITEM 2. ORDINANCE NO. 4 -77 REPEALING ORDINANCE NO. 7 -75 2ND READING MAYOR NICHOLAS READ THE ORDINANCE ENTITLED: AN ORDINANCE REPEALING ORDINANCE NO. 7 -75, WHICH MIGROEILMED 4.24 -80 ORDINANCE ESTABLISHED A LAW ENFORCEMENT PLAN; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR NICHOLAS, SECONDED BY MR. MURPHY AND UNANIMOUS VOTE, ORDINANCE WAS ADOPTED. ITEM 3. ORDINANCE NO. 5 -77 AMENDING ORDINANCE NO. 33-73 2ND READING MAYOR NICHOLAS READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING CHAPTER 231 CODE OF CITY OF CAPE CANAVERAL, FLORIDA, PERTAINING TO THE GENERAL ORGANIZATION OF THE CITY; BY PROVIDING THAT CITY COUNCIL SHALL BE RESPONSIBLE FOR THE EMPLOYMENT AND TERMINATION OF DEPARTMENT HEADS: BY INCLUDING THE RECREATION DEPARTMENT AS ONE OF THE UNITS OF THE OFFICE OF CITY MANAGER; BY INCLUD- ING THE OFFICE OF CITY PROSECUTOR UNDER THE OFFICE OF CITY ATTORNEY; BY DELETING ALL OFFICERS OF THE CITY COURT AND ALTERNATE OFFICERS; REPEALING ALL PARTS OF THE CITY CODE IN'CONFLICT HEREWITH,- PROVIDING AN EFFECTIVE DATE. MR. HOOG MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION. MAYOR NICHOLAS MOVED TO AMEND CODED SECTION 231.07 BY ADDING A SUB- SECTION "9" "B" LISTING THE COMMERCIAL DEVELOP- MENT BOARD. MR. MURPHY SECONDED AMENDMENT. AMENDMENT PASSED UNANIMOUSLY. VOTE FOR THE ORDINANCE AS AMENDED WAS UNANIMOUS. ITEM 4. ORDINANCE 6 -77 SEWER RATES UST READING TABLED ON 4-5) MAYOR NICHOLAS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 6 -66 AS AMENDED, RELATING TO SANITARY SEWER SERVICE AND PRESCRIBING RATES TO BE CHARGED FOR USE OF MUNICIPAL SEWER SERVICE BY AMENDING CUSTOMER CLASSIFICATIONS; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR NICHOLAS, SECONDED BY.MRS. THURM AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. NEW BUSINESS MAYOR NICHOLAS MOVED TO TAKE UP ITEM 7 AT THIS TIME. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. DESIGNATION OF PLANNING CONSULTANTS•I'OR COMPREHENSIVE PLAN PLANNING CONSULTANT MR. BILL BRISSON OF ADLEY AND ASSOCIATES, THE COMPANY RECOMMENDED BY THE PLANNING AND ZONING BOARD TO APPLY FOR 701 FUNDS FOR THE CITY, MADE A PRESENTATION TO COUNCIL STATING THE PROCEDURE THAT WOULD BE NECESSARY IN THE APPLICATION AND FINALIZATION OF.THE COMPREHENSIVE PLAN. HE STATED THAT THEIR FIRM FELT THAT A $20,000.00 STUDY PLAN WOULD BE THE MINIMUM DOLLAR AMOUNT UNDER WHICH THEY COULD SATISFY THE COUNCIL MINUTES 4 -19 -77 PAGE 2 OF 4 MICROFILMED 4.24 -80 r REQUIREMENTS OF THE STATE AND THE 701 PLAN. MR. MURPHY MOVED THAT THE CITY CONSIDER $21,000.00 PLAN WHICH WOULD REQUIRE $7,000.00 FROM THE CITY AND $14,000.00 IN GRANT FUNDS AND.APPOINT ADLEY AND ASSOCIATES TO DO THE PROJECT. MAYOR NICHOLAS SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. MURPHY AND MAYOR NICHOLAS, OPPOSED, MR. HOOG AND MRS. THURM. MOTION FAILED. MR. HOOG MOVED THAT THE CITY SET A SPECIAL MEETING AND.HAVE ADLEY AND ASSOCIATES AND BRILEY, WILD AND ASSOCIATES IN ATTENDANCE.. THIS MEETING TO BE THURSDAY AT 7:30 P. M.. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. HOOG, AND..MRS. THURM. OPPOSED, MR. MURPHY AND MAYOR NICHOLAS. MOTION FAILED. MAYOR NICHOLAS MOVED THAT ADLEY AND ASSOCIATES BE APPOINTED AND A $20,000.00 PLAN BE DESIGNATED. MR. MURPHY SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. MURPHY AND MAYOR NICHOLAS, OPPOSED, MR. HOOG AND MRS. THURM. MMTCN FAMED. MAYOR NICHOLAS MOVED THAT ADLEY AND ASSOCIATES BE DESIGNATED AS PLANNERS TO APPLY FOR A $15,0004-k00 PLAN AND IF NOT ACCEPTED BY THEM THE CITY APPROACH BRILEY$ WILD AND ASSOCIATES WITH THE SAME OFFER. MR. MURPHY SECONDED.MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 1. ORDINANCE NO. 7 -77 RE: REFERENDUM QUESTION EMERGENCY ORDINANCE) MAYOR NICHOLAS READ THE ORDINANCE IN FULL ENTITLED: AN EMERGENCY ORDINANCE PROVIDING FOR A SPECIAL REFERENDUM ELECTION PROPOSING THE RETENTION OF A ONE MILL AD VALOREM TAX FOR THE PURPOSE OF PURCHASING LOTS 91 10, 11, 12, 13 and 14, BLOCK 46, AVON -BY -THE SEA, PAGE 46, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. i MR. THURM MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. MAYOR NICHOLAS MOVED TO AMEND BY INSERTING PURCHASE PRICE "NOT TO EXCEED" $145,000.00. MRS. THURM SECONDED. AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS -AS FOLLOWS: IN FAVOR, MR. HOOG, MAYOR NICHOLAS AND MRS. THURM, OPPOSED, MR. MURPHY. YMCN CARRIED. ITEM 2. ORDINANCE 8177 AMENDING ORDINANCE NO. 5 -74 RE: USE OF MECHANICAL 'CONTAINERS"AT COMMERCIAL ESTABLISHMENTS UST READING MAYOR NICHOLAS READ THE ORDINANCE IN FULL ENTITLED: ANiORDINANCE AMENDING ORDINANCE NO. 5 -74 AS AMENDED, PERTAINING TO GARBAGE AND TRASH COLLECTION; BY AMENDING SCHEDULE OF GARBAGE FEES PERTAINING TO CONDOMINIUMS: BY REOUIRING MECHANICAL CONTAINERS � MINUM & A oo�� I ro AM MIT MICROFILMED 4 -24 -80 AT CERTAIN COMMERCIAL ESTABLISHMENTS; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HERE-' WITH; PROVIDING AN EFFECTIVE DATE. SINCE THIS ITEM HAD NOT BEIN DISCUSSED AT WORKSHOP, MR. MURPHY*MOVED TO ADD AN ITEM TO THE AGENDA,ENTITLED: ORDINANCE 8 -77. MAYOR NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. BY MOTION OF MR. MURPHY, SECONDED BY MR. HOOG, AND UNANI UM VOTE, FIRST READING APPROVED. ITEM 3. RESOLUTION NO. 77 -14 RE: ADOPTING BY MOTION OF MRS. THURM, SECONDED BY MR. MURPHY,AND UNANIDUS VOTE, THIS ITEM %AS POSTPONED TO THE NEXT NEETING. ITEM 4. 'POLICE DEPARTMENT ORGANIZATION STRUCTURE,_ "SALARY STRUCTURE AND SALARY*INCREASES DUE TO THE ABSENCE OF THE SPONSORING COUNCIL MEMBER,. MRS. THURM MOVED THAT IT BE TABLED INDEFINITELY AND A SPECIAL WORKSHOP BE SET UP AT A LATER DATE, MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM S.'DISCUS'SION RE: PBA CONTRACT MR. SCOTT TOLD COUNCIL THAT HE HAD NOT BEEN ABLE TO GET WITH THE PBA ATTORNEY, THEREFORE, THERE WAS NO REPORT AT THIS TIME. ITEM 6. QUARTERLY BUDGET REVISION THE ACTING CITY MANAGER PRESENTED A RUN -'.OWN OF SUGGESTED CHANGES TO BUDGET LINE ITEMS, BOTH IN INCOME AND EXPENDITURES. BY MOTION OF MAYOR NICHOLAS, SECONDED BY MR.. HOOG AND UNANIMOUS VOTE, THE BUDGET REVISION WAS APPROVED CHANGING THE.TOTAL BUDGET:TO.$798,410.00. REVISION IS ATTACHED TO THESE MINUTES. DISCUSSION MRS. THURM REPORTED TO COUNCIL THAT THE:SITUATION AT THE PORT REGARDING SEWER SERVICE WAS UNDER CONTROL AND BEING WORKED OUT. BY MOTION OF MR. HOOG, SECONDED MRS. THURM, MEETING ADJOURNED AT 11:30 P.M. APPROVED THIS 31RD DAY OF MAY , 1977. MAYOR CITY CLEW COUNCIL MINUTES 4 -19 -77 PAGE-4 OF 4 BUDGET REVISIONS . -MICROFILMED 4 -24 -80 07!%T(Tis ` O S"TCOI,SE PTJ1X,1:T Florida Power Franchise OtI II-10--me Other Police Dept:. I.D. Intcres t Income City Gas Franchise D,r,;).,ter Incr- rt Garbage Revenue Income (7 ms.) `Ibtal Additional Revenue CHANCES TO MTENSES Legislative - Office Supplies Subscriptions Judicial. & Court Collection Expense Police Department Supplies & Misc. Bldg. Repairs Boarding Prisoners Furniture & Fixtures Machinery & Auto. Equip. Fire Department Commmications Utilities Fire Fighting Equip. Building Department Salaries OAST Insurance Street Department Equipment Fund Traffic Light Repairs Parks General Maintenance Other Expenses Insurance - All Departments Pension Plan Contingencies New Expenses Total - $2,200 ¢ 1,500 4- 250 + 300 + 300 — 15,000 + 105,000 _ $ 90,150 -25.00 +25.00 + 2,000 4 + 2,000 + 100 - 2,550 4 45 + 405 + 150 + 800 - 950 + 600 + 1,000 + 400 400 - 3,500 - 8,000 New Income Total $798,410 ..¢2,000 +1,600 -0- (11,500) ♦98,050 ELMCI T I?E\USIUNS COLD -'IL RL,Eill,�G 4 -19 -77 $798,410