The URL can be used to link to this page

Home My WebLink About10-04-1977 Regular Meeting4 ' REGULAR MEETING CITY COUNCIL OCTOBER 4, 1977 MICROFILMED 4.24 -80 A REGULAR MEETING OF-THE CITY COUNCIL OF'THE CITY OF CAPE CANAVERAL MS HELD ON OCTOBER 4, 1977 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER -BY MAYOR L.C. NICHOLAS AT 7:32 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR L.C. NICHOLAS, COUNCIL MEMBERS L.C. BOYD, J.L. MURPHY, M.A. RIGERMAN AND A.H. THURM; ATTORNEY JAMES S. THERIAC, CITY CLERK ANITA J. OSTROMr SGT. AT ARMS VIRGIL FITCH. THE COUNCIL MINUTES OF SEPTEMBER 201 1977 WERE APPROVED-AS READ. NEW BUSINESS ITEM 1. ORDINANCE NO. 14 -77 AMENDING ZONING ORDINANCE NO. 10 -=75, AS AMENDED, SECTIONS 638.11, 38. , 637.31 AND 637.51 (2ND READING) MAYOR NICHOLAS READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 10 -75' ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 638.11 (C -2 ZONING DISTRICT) BY MODIFYING AREA AND DIMENSION REGULATIONS FOR SINGLE FAMILY AND TWO FAMILY DWELLING; ADDING SECTION 638.12 (C -2- ZONING DISTRICT), SETTING AREA AND DIMENSION REGULATIONS, AND MINIMUM SETBACK REQUIREMENTS; AMENDING SECTION 637.31 (R -2 ZONING DISTRICT) BY ESTABLISHING MINIMUM SET BACK REQUIREMENTS AMENDING SECTION 637.51 •(R -3 ZONING DISTRICT), BY ESTABLISHING MINIMUM SET BACK REQUIREMENTS; REPEALING ALL ORDINANCES AND PARTS THEREOF OR PARTS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. BOYD, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, ORDINANCE 14 -77 WAS ADOPTED. ITEM 2. SHERIFF'S CONTRACT RE: POLICE PROTECTION MR. F.L. MURPHY PRESENTED ANOTHER PETITION TO COUNCIL WITH NAMES OF PEOPLE WHO WISH THE CITY TO CONTRACT WITH THE SHERIFF'S DEPARTMENT. MRS. THURM MOVED THAT THE -CAPE CANAVERAL CITY COUNCIL ENTER INTO AN INTER -LOCAL GOVERNMENTAL AGREEMENT WITH BREVARD COUNTY SHERIFF'S DEPARTMENT FOR COMPLETE POLICE PROTECTION FOR e MICROFILMED 4.24-80 THE CITY OF CAPE CANAVERAL FOR THE REMAINDER OF THIS FISCAL YEAR AND M BE RENEWABLE YEARLY THEREAFTER, TO BEGIN ON OR ABOUT NOVEMBER 1, 19771 OR AS SOON AFTER THE DATE OF THIS MOTION AS THE PROPOSED CONTRACT WITH COMPLETIONS AND ANY MODIFICATIONS NECESSARY CAN BE AGREED UPON BY BOTH PARTIES, AT A COST NOT TO EXCEED $214,133 FOR THE 11 MONTH PERIOD AND A $40,000 CONTINGENCY FUND, TO SO INSTRUCT OUR ATTORNEY TO BEGIN WORK IMMEDIATELY ON THIS CONTRACT. MR..MURPHY SECONDED MOTION. MRS. THURM EXPLAINED TO THE COUNCIL THE INTENT OF THE MOTION. MR. RICHARD CALE PRESENTED A PETITION OF EIGHTY -EIGHT REGISTERED VOTERS OPPOSED TO A CONTRACT WITH THE COUNTY. AFTER LENGTHY DISCUSSION, MIS. BOYD MOM THAT A CRQff= COMISED OF CITY COUNCIL AND-AT LEAST TWO OTHER PERSONS KNOWLEDGEABLE IN LAW ENFORCEMENT SHOULD DRAFT A COUNTER PROPOSAL BEFORE THE COUNCIL ENTERS INTO AN INTER -LOCAL GOVERNMENT AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT FOR THE COMPLETE POLICE PROTECTION FOR THE CITY OF CAPE CANAVERAL FOR THE REMAINDER OF THE FISCAL YEAR AND TO BE RENEWABLE YEARLY THEREAFTER TO BEGIN ON OR ABOUT NOVEMBER la 3977 OR AS SOON ASTER THE DATE OF THE MOTION TO ACCEPT A CONTRACT WITH COMPLETION AND Aar. MODIFICATIONS NECESSARY AS SOON AS THIS CAN BE AGREED ON BY BOTH PARTIES. POTION FAILED FOR LACK OF A SECOND. THERE WAS FURTHER DISCUSSION REGARDING THE FEASIBILITY OF A COMMITTEE WORKING ON A CONTRACT. MRS. THURM MOVED TO AMEND HER MOTION TO READ -AS FOLLOWS: THAT CAPE CANAVERAL CITY COUNCIL ENTER INTO AN INTER -LOCAL GOVERNMENTAL AGREEMENT WITH.BREVARD.COUNTY SHERIFF'S DEPARTMENT FOR COMPLETE POLICE PROTECTION FOR THE CITY OF CAPE CANAVERAL FOR THE REMAINDER OF THIS FISCAL YEAR AND TO BE RENEWABLE YEARLY THEREAFTER TO BEGIN ON OR ABOUT NOVEMBER 1, 1977 OR AS SOON AFTER THE DATE OF THIS MOTION AS THE PROPOSED CONTRACT WITH COMPLETIONS, ADDITIONS, AND ANY MODIFICATIONS NECESSARY TO BE VOTED UPON BY THE ENTIRE COUNCIL. THIS AMENDED CONTRACT TO BE THEN AGREED UPON.BY BOTH PARTIES, AND TO SO INSTRUCT OUR ATTORNEY TO BEGIN WORK IMMEDIATELY ON THIS PROPOSED CONTRACT. MRS. BOYD .9,ECONDED MOTION. VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR, COUNCIL MINUTES 10 -4-77 PAGE 2 OF 5 7 �r , MICROFILMED 4.24 -80 MRS. BOYD, MR. MURPHY AND MRS. THURM, OPPOSED, MAYOR NICHOLAS AND MRS. RIGERMAN. AMENDMENT CARRIED. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MR. MURPHY AND MRS. THURM, OPPOSED, MAYOR NICHOLAS AND MRS. RIGERMAN. MOTION CARRIED A RECESS WAS CALLED AT 9:35 P.M.. NEW BUSINESS ITEM 1. INDUSTRIAL WASTE ORDINANCE A LETTER OF PROPOSAL WAS READ FROM BRILEY, WILD AND ASSOCIATES FOR PREPARING A PRE - TREATMENT ORDINANCE. MRS. THURM MOVED TO ACCEPT THE PROPOSAL OF BRILEY, WILD,AS AMENDED BY THE CITY ATTORNEY`S LETTER DATED OCTOBER 4, 1977, TO WRITE A PRE-- TREATMENT ORDINANCE - FOR A FEE OF $2,000.00. MAYOR NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 77-.35-RE: FIFTH RENEWAL FIRE PROTECTION AGREEMENT WITH.PORT AUTHORITY MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION APPROVING RENEWAL OF THE FIRE PROTECTION AGREEMENT BETWEEN CITY OF CAPE CANAVERAL AND CANAVERAL PORT AUTHORITY: PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. RIGERMAN, SECONDED BY MR, MURPHY AND UNANIMOUS VOTE,RESOLUTION WAS ADOPTED. ITEM 3. AUTHORIZATION TO ADVERTISE FOR BIDS FOR CITY HALL AIR CONDITIONING HEATING UNIT IT WAS REPORTED THAT THE CITY HALL UNIT HAD ADDITIONAL WORK ON IT AND WAS NOW WORKING SATISFACTORILY. ITEM 4. AUTHORIZATION TO ADVERTISE FOR BIDS FOR POLICE DEPARTMENT'S EMERGENCY GENERATOR BY MOTION OF MRS. THURM, SECONDED BY MRS. RIGERMAN AND UNANIMOUS VOTE, ADVERTISING WAS AUTHORIZED FOR BIDS FOR A POLICE DEPARTMENT EMERGENCY GENERATOR. ITEM 5. AWARDING OF PAVING REPAIR BID THE CITY HAD RECEIVED ONE BID REGARDING THE PAVING REPAIRS ON PIERCE AVENUE. MRS. THURM MOVED THAT THE BID BE AWARDED TO A.W. HOPE IN THE AMOUNT OF $2,384.56. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 10 -4 -77 PAGE 3 OF 5 MICROFILMED 4.24 -80 IM 6. APPROVAL OF MERIT INCREASES COUNCIL HAD A LIST OF MERIT INCREASES SUGGESTED BY THE DEPARTMENT HEADS. MRS. BOYD MOVED THAT THE COUNCIL VOTE ON EACH ONE SEPARATELY. MAYOR NICHOLAS SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MAYOR NICHOLAS, _ MRS. RIGERMAN AND MRS. THURM, OPPOSED, MR. MURPHY. MOTION CARRIED. MR. MURPHY MOVED THAT PAT BEAULIEU'S SALARY BE INCREASED TO $9,446.00. MRS. BOYD SECONDED MOTION. MOTION CARRIED 'UNANIMOUSLY. MR. MURPHY MOVED THAT KEN BORING-BE INCREASED -TO $12,084.00. MAYOR NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. BOYD MOVED THAT CARL AKERY BE INCREASED TO $9,701.00. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. MAYOR NICHOLAS MOVED THAT PHYLLIS NELSON BE INCREASED TO $7,224.00. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS MOVED THAT DICK MEHAL BE INCREASED TO $11,484.00. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS MOVED THAT CHARLIE ANGEL BE INCREASED TO $9,701.00. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. MRS. BOYD MOVED THAT JOAN HUDEPOHL BE INCREASED TO $10,704.00. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MRS. THURM, OPPOSED MR. MURPHY, MAYOR NICHOLAS AND MRS. RIGERMAN. MOTION"FAILED. MRS. BOYD MOVED THAT DAVID PITCH BE INCREASED TO $ 9,927.00. MOTION FAILED FOR LACK OF A SECOND. FM. BOYD MOVED THAT VIRGILL FITCH BE INCREASED TO $11,814.00. THIS MOTION FAILED FOR LACK OF A SECOND. MRS. RIGERMAN MOVED TO ADD AN ITEM TO THE AGENDA. MAYOR NlCkOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY„ MRS. RIGERMAN MOVED THAT MRS. EILEEN HINKEL'S NAME BE INSERTED INTO RESOLUTION NO.. 77 -36 AS DEPUTY CITY TREASURER. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A DEPUTY CITY TREASURER; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR NICHOLAS, SECONDED BY MRS. EIGEW1AN AND UNANIMOUS VOTE, RESOLUTION WAS ADOPTED. i COUNCIL MINUTES 10 -4 -77 WAGE -4 OF 5 91 MICROFILMED 4 -24 -80 A SPECIAL WORKSHOP WAS SET FOR WEDNESDAY, OCTOBER 5, AT 6:00 P.M. TO WORK ON A PROPOSED CONTRACT WITH THE COUNTY SHERIFF FOR POLICE PROTECTION. BY MOTION OF MRS. THURM, SECONDED BY MRS. RIGERMAN, MEETING WAS ADJOURNED AT 11:38 P.M. APPROVED THIS 18 DAY OF OCTOBER , 1977. CITY CLERV e�l XOR COUNCIL MINUTES 10 -4 -77 PAGE 5 OF 5