HomeMy WebLinkAbout09-05-1978 Regular Meeting{
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REGULAR MEETING
CITY COUNCIL
SEPTEMBER 5, 1978
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL WAS HELD ON SEPTEMBER 5, 1978 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM
AT 7:35 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS, P.T. LEE,
J.L. MURPHY AND M.A. RIGERMAN; CITY ATTORNEY RICHARD F. SCOTT,
CITY CLERK PATRICIA J. BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL.
THE MINUTES OF THE MEETING OF AUGUST 15 WERE APPROVED AS
CORRECTED. THE MINUTES OF THE MEETING OF AUGUST 24 WERE
APPROVED AS READ.
TINE.
COUNCIL MEMBER L.C. BOYD ARRIVED AT THE MEETING AT THIS
DISCUSSION RE: PORT POLICE PROTECTION
MAYOR THURM BRIEFLY OUTLINED THE HISTORY OF THE POLICE
PROTECTION PROVIDED FOR THE PORT BY BREVARD COUNTY'S SHERIFFS'
DEPUTIES BASED IN CAPE CANAVERAL AND THE VERBAL OFFER FROM
THE PORT TO PAY $6,000 TOWARDS THE CITY'S POLICE CONTRACT WITH
THE SHERIFF. IT WAS POINTED OUT BY COUNCIL AT THIS MEETING
THAT THE $6,000 WOULD COVER TROUBLE CALLS ONLY. PORT COMMISSIONER
WES HOUSER AND PORT MANAGER GLEN CHEEK WERE IN ATTENDANCE TO
DISCUSS THIS SUBJECT WITH COUNCIL. MR. HOUSER INFORMED COUNCIL
IT WOULD NOT BE POSSIBLE FOR HIM TO COMMIT THE PORT COMMISSIONERS
TO AGREEING TO PAY THE $6,000 FOR ONLY RESPONSE TYPE CALLS.
DURING DISCUSSION IT WAS POINTED OUT THAT COUNCIL COULD NOT
CONTRACT WITH THE PORT ON AN AGREEMENT OF THIt"."TYPE. INDIVIDUAL
COUNCIL MEMBERS EXPRESSED THEIR THOUGHTS ON THE POLICE PROTECTION
FOR PORT. NO ACTION WAS TAKEN ON THIS SUBJECT.
MRS. RIGERMAN MOVED TO TAKE UP ITEM 1 UNDER NEW BUSINESS
AT THIS TIME. MR. MURPHY SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
It
MICROFILMED 4 -24 -80
NEW BUSINESS
ITEM 1. ORDINANCE NO. 15 -78 RE: AMENDING ZONING
HOUSES ORDINANCE SECTION 637.27-T0-ALLDWRU=G
r BY SPECIAL - + - -, - -O
ADVERTISE) AND SECTION 637.47 TO ALLOW ROOMING HOI S
IN R-3 ZONE BY =TKE-7EXCEPTION (PEMqI N
TO
ATTORNEY SCOTT READ THE TITLE OF THE ORDINANCE AS
FOLLOWS:
ORDINANCE NO. 15 -78 AN ORDINANCE AMENDING
CHAPTER 630, ZONING REGULATIONS OF THE
CITY OF CAPE CANAVERAL, FLORIDA BY AMENDING
SECTION 637.27 AND 637.47 BY ADDING "ROOMING"
HOUSES" AS SPECIAL.EXCEPTIONS BY BOARD OF
ADJUSTMENT IN THE R -2 AND R -3 ZONING DISTRICT;
BY REPEALING ALL PARTS OF THE CODE IN CONFLICT
HEREWITH; BY PROVIDING AN EFFECTIVE DATE.
MRS. RIGERMAN MOVED TO GRANT PERMISSION TO ADVERTISE
THIS ORDINANCE. MR. MURPHY SECONDED MOTION. IT WAS BROUGHT
OUT THAT THE PLANNING AND ZONING BOARD'S RECOMMENDATION TO
COUNCIL REGARDING THIS AMENDMENT TO ALLOW ROOMING HOUSES IN
R -2 AND R -3 WAS TO AMEND THE ZONING ORDINANCE BY ALLOWING
THIS UNDER PRINCIPAL USE IN R -2 AND R -3.
ATTORNEY SCOTT READ THE DEFINITION OF ROOMING HOUSE IN
THE ZONING ORDINANCE FOR THE RECORD.
VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MRS. BOYD,
MR. MURPHY AND MRS. RIGERMAN, OPPOSED; MR. LEE AND MAYOR THURM.
MOTION CARRIED. PERMISSION TO ADVERTISE GRANTED.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 11 -78 AMENDING ORDINANCE NO.
14-76 RE: APPOINTING TWO AT LARGE MEMBERS
TO LOCAL
MAYOR THURM READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE AMENDING CHAPTER 261, ENTITLED
LOCAL PLANNING AGENCY, OF THE CODE OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY PROVIDING
FOR TWO ADDITIONAL MEMBERS AT LARGE TO BE
APPOINTED TO THE LOCAL PLANNING AGENCY;
REPEALING ALL PARTS OF THE CODE IN CONFLICT
e
HEREWITH; PROVIDING AN EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION. MR. LEE SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 13 -78 RE: REFERENDUM ELECTION
ND READING
COUNCIL MINUTES
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MICROFILMED 4 -24 -80
MAYOR THURM READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE PROVIDING FOR A SPECIAL
REFERENDUM ELECTION PROPOSING THE
PURCHASE BY THE CITY OF CAPE CANAVERAL
OF ALL OF BLOCK 47, AVON -BY- THE -SEA,
PLAT BOOK 3, PAGE 7, PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA, FROM EXISTING
CITY REVENUES; PROVIDING AN EFFECTIVE
DATE.
`:MR. MURPHY MOVED FOR ADOPTION. MAYOR THURM SECONDED
MOTS ON. VOTE WAS AS FOLLOWS; IN FAVOR, MRS. BOYD, MR. LEE,
MR. MURPHY AND MAYOR THURM, OPPOSED, MRS. RIGERMAN. MOTION
CARRIED. I
ITEM 3. ORDINANCE NO. 14 -78 AMENDING ORDINANCE NO.
RE: PARKING ON BEACH AT W SH N N
'ice '
ATTORNEY SCOTT INFORMED COUNCIL THAT IT WOULD BE
NECESSARY FOR THE CITY TO ACQUIRE APPROVAL FROM THE DEPARTMENT
OF NATURAL RESOURCES FOR ANY TYPE OF USE OVER THE DUNE LINE
AND SUGGESTED THEY BE CONTACTED ON THE SUBJECT OF VEHICLE
BEACH ACCESS FOR THE HANDICAPPED IN ORDER TO COMPLY WITH THE
DEPARTMENT OF NATURAL RESOURCES' RECENT LETTER ON THIS SUBJECT.
MRS. BOYD MOVED TO POSTPONE THIS ORDINANCE UNTIL THE
FIRST MEETING AFTER THE CITY RECEIVES A REPLY FROM DEPARTMENT
OF NATURAL RESOURCES ON THE SUBJECT OF BEACH ACCESS BY VEHICLES.
MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 2. RESOLUTION NO. 78 -37 RE: ADOPTION OF 1978 -79
BUDGET.
MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION ADOPTING THE ANNUAL GENERAL
FUND BUDGET, ANNUAL SANITARY SEWER BUDGET
AND ANNUAL RECREATION COMPLEX BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1978
AND ENDING SEPTEMBER 30, 1979; PROVIDING
AN EFFECTIVE DATE.
MR. LEE MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION.
AT THIS TIME, LEO NICHOLAS AND LAMAR RUSSELL, PRESENTED
COUNCIL WITH A PETITION FROM HARBOR HEIGHTS RESIDENTS REQUEST-
ING THAT COUNCIL INCLUDE FUNDING IN THE 1978- 79'BUDGET TO
REPAIR AND REPAVE HARBOR HEIGHTS SUBDIVISION STREETS.
VOTE ON THE MOTION ON THE FLOOR WAS UNANIMOUS.
COUNCIL MI=S
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MICROFILMED 4 -24.80
ITEM 3. RESOLUTION NO. 78 -38 RE: SETTING OF
MILLAGE FOR 1978.
MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION ESTABLISHING A MILLAGE RATE
FOR THE LEVY OF AD VALOREM TAXES FOR 1978
ON ALL TAXABLE PROPERTY LOCATED WITHIN
THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
MRS. RIGERMAN MOVED FOR ADOPTION. MR. MURPHY SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. MILLAGE RATE FOR 1978
SET AT 2.40 MILLS.
ITEM 4. RESOLUTION NO. 78 =39 RE: AGREEMENT WITH
PORT FOR I PROTECTION
MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION APPROVING SIXTH RENEWAL OF
THE FIRE PROTECTION AGREEMENT BETWEEN
CITY OF CAPE CANAVERAL AND CANAVERAL PORT
AUTHORITY; PROVIDING AN EFFECTIVE DATE.
DATE FOR PAYMENT OF $6,000 DUE FROM PORT FOR FIRE PROTECT-
ION WAS SET FOR NOVEMBER 1, 1978 AND INSERTED ON RENEWAL PAGE
ATTACHED TO THIS RESOLUTION.
MRS. RIGERMAN MOVED FOR ADOPTION. MR. LEE SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 5. RESOLUTION NO. 78 -40 RE: AGREEMENT WITH UNITED
STATES AIR FORCE FOR MUTUAL AID IN FIRE PROTECTION
MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION SUPPORTING AN AGREEMENT
FOR, MUTUAL AID IN FIRE PROTECTION
BETWEEN THE UNITED STATES AIR FORCE
AND THE CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT; PROVIDING AN EFFECTIVE DATE.
MR. LEE MOVED FOR ADOPTION OF RESOLUTION. MRS. BOYD
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. RESOLUTION NO. 78 -41 RE: APPOINTMENT OF TWO
MEMBERS TO PLANNING AND ZONING BO
MAYOR THURM READ THE RESOLUTION INSERTING THE NAMES OF
JOHN F. FOSTER, III IN SECTION 1 WITH A TERM TO EXPIRE ON
SEPTEMBER 15, 1980 AND WALTER MERTZ IN SECTION 2 WITH A
TERM TO EXPIRE ON SEPTEMBER 15, 1980.
MRS. RIGERMAN MOVED FOR ADOPTION OF RESOLUTION NO.78 -41.
MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
COUNCIL MI=S
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ITEM 7. RESOLUTION NO. 78 -42 RE: NOMINATION
RECOMMENDATION'T ORIDA LEAGUE OF
CITIES
MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION ENDORSING CONDIDATE TO
FLORIDA LEAGUE OF CITIES; PROVIDING
AN EFFECTIVE DATE.
MRS.
RIGERMAN MOVED FOR ADOPTION.
MAYOR THURM
SECONDED
MOTION.
MOTION CARRIED UNANIMOUSLY.
MRS. RIGERMAN
REQUESTED
A COPY BE SENT TO THE FLORIDA LEAGUE NOMINATING COMMITTEE AND
A COURTESY COPY TO AGATHA DOERER.
ITEM 8. RESOLUTION NO. 78 -43 RE: AGREEMENT WITH
SHERIFF'S DEPAR FOR LAW ENFORCMRRNT
COUNCIL HAD BEFORE THEM A PROPOSED LAW ENFORCEMENT
CONTRACT WHICH HAD BEEN DISCUSSED AT THE AUGUST 31 WORKSHOP.
THIS PROPOSED CONTRACT WAS REVIEWED AND COMPARED WITH LAST
YEAR'S CONTRACT. CHANGES WERE MADE BY MUTUAL AGREEMENT OF
COUNCIL MEMBERS AND ALSO BY THE FOLLOWING MOTIONS.
MRS. RIGERMAN MOVED TO DELETE THE CLAUSE, "COSTS OF SUCH
PROTECTION DESCRIBED ABOVE WILL BE PART OF THE FUNDS PROVIDED
BY THE CITY ", IN SECTION 18, PARAGRAPH 3, PAGE 5. MR. MURPHY
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MRS. RIGERMAN MOVED THAT THE SECOND SENTENCE IN SECTION
26, PARAGRAPH 1, PAGE 7, BEGIN WITH THE PHRASE "UPON AGREEMENT
OF THE PARTIES ". MR. LEE SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
MRS. RIGERMAN MOVED FOR DELETION OF THE SENTENCE, "IN
ADDITION, AN EXTRA $2,000.00 SHALL BE PAID FOR LEGAL EXPENSES
WHEN NEEDED BY THE SHERIFF ", IN SECTION 26, PARAGRAPH 2, PAGE 7.
MOTION DIED FOR LACK OF A SECOND.
SECTION 26, PARAGRAPH 2, PAGE 7, MR. MURPHY MOVED TO ADD
THE PHRASE "UPON AGREEMENT OF BOTH PARTIES" IN FRONT OF - tOIN
ADDITION, AN EXTRA $2,000 SHALL BE PAID FOR LEGAL EXPENSES WHEN
NEEDED BY THE SHERIFF ". MR. LEE SECONDED. MOTION CARRIED
UNANIMOUSLY.
SECTION 26, PARAGRAPH 2, PAGE 7, MRS. RIGERMAN MOVED TO ADD
THE PHRASE, "UPON AGREEMENT OF THE PARTIES ", IN FRONT OF - "AN
ADDITIONAL CONTINGENCY OF $5,460 SHALL BE PAID BY THE CITY WHEN
NEEDED BY THE SHERIFF FOR UNEMPLOYMENT COMPENSATION." MR. LEE
SECONDED. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES
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MICROFILMED 4 -24 -80
ATTORNEY SCOTT SUGGESTED COUNCIL COULD ACT ON THIS
CONTRACT BY MOTION INSTEAD OF RESOLUTION AS LISTED ON
THE AGENDA.
MR. MURPHY MOVED TO ADOPT THE CONTRACT, AS AMENDED,
AT THIS MEETING AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO
EXECUTE THE CONTRACT ON BEHALF OF THE CITY. MR. LEE SECONDED
MOTION. VOTE WAS AS FOLLOWS, IN FAVOR, MRS. BOYD, MR. LEE,
MR. MURPHY AND MAYOR THURM, OPPOSED MRS. RIGERMAN. MOTION
AT THIS TIME, THE SUBJECT OF THE ADDENDUM TO THE POLICE
CONTRACT WAS BROUGHT UP. NO ACTION WAS TAKEN ON THE ADDENDUM.
ITEM 9. MOTION RE: AUTHORIZATION TO BRILEY WILD &
ASSOCIATES FOR ENGINEERING STUDY
D PACKAGE FOR -S OF HTS
REE S
MRS. BOYD MOVED TO APPROVE AUTHORIZATION TO BRILEY, WILD
FOR ENGINEERING STUDY TO PREPARE BID PACKAGE FOR RE- SURFACING
OF HARBOR HEIGHTS STREETS. MR. LEE SECONDED. MR. MURPHY
SUGGESTED THE BRILEY, WILD ESTIMATED COST OF $1,250.00 FOR
THIS PROJECT COME OUT OF THE STREET DEPARTMENT'S LINE ITEM -
STREET REPAIRS. VOTE ON THE MOTION ON THE FLOOR CARRIED
UNANIMOUSLY.
ITEM 10. MOTION RE: DONATION TO CAPE CANAVERAL JAYCEE'S
MUSCULAR AND 0
MRS. BOYD MOVED TO AUTHORIZE DONATION OF $30.00 EACH TO
CAPE CANAVERAL JAYCEES AND MUSCULAR DYSTROPHY. MR. LEE
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE ABOVE
DONATIONS TO BE FROM RECREATION COMPLEX FUND.
DISCUSSION
MAYOR THURM DISCUSSED WITH COUNCIL MECHANICAL AND BODY
WORK REPAIRS NECESSARY ON THE SEWER TRUCK. COUNCIL AGREED
TO THE MECHANICAL REPAIRS AND SUGGESTED BODY REPAIRS BE
HANDLED ADMINISTRATIVELY.
MAYOR THURM EXPLAINED TO COUNCIL THAT IT WOULD BE
NECESSARY TO REPLACE A TROUGH AROUND ONE OF THE SETTLING
TANKS AT THE SEWER PLANT AND IT WOULD BE NECESSARY TO GO
OUT FOR BIDS DUE TO THE EXPENSE INVOLVED.
COUNCIL MINUTES
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MAYOR THURM MOVED TO ADD AN ITEM TO THE AGENDA
REGARDING PERMISSION TO ADVERTISE FOR BIDS FOR SETTLING
TANK TROUGH AT THE SEWER PLANT. MR. MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
MAYOR THURM MOVED CITY CLERK AND SEWER PLANT SUPERVISOR
DRAFT BID SPECIFICATIONS AND THE CLERK PLACE A LEGAL AD IN
THE NEWSPAPER. MR. LEE SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
AT 11:03, MRS. RIGERMAN MOVED TO ADJOURN. MRS. BOYD
SECONDED. MEETING ADJOURNED.
APPROVED THIS 19 DAY OF September_, 1978.
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COUNCIL MINUTES
9 -5 -78
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