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Home My WebLink About09-04-1979 Regular MeetingS r 1 JI MICROFILMED 4.24.80 CITY COUNCIL REGULAR, METING SEPTEMBER 4, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 4, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY, JR. AT 7:48 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR JOHNSON L. MURPHY, JR., COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T. LEE AND W. RUTHERFORD; CITY MANAGER' ANITA J. OSTROM, CITY ATTORNEY RICHARD F. SCOTT AND CITY CLERK PATRICIA J. BEAULIEU. THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1979 WERE APPROVED AS CORRECTED. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 13 -79 RE: MILEAGE ALLOWANCE FOR CITY OFFICIALS AND EMPLOYEES, AMENDING ORDI ANCE NO. CODE CHAPTER SECOND READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 301 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED "REIMBURSEMENTS ", BY INCREASING THE MILAGE ALLOWANCE FOR USE OF PERSONAL AUTOMOBILES.BY CITY EMPLOYEES; BY REPEALING ALL PARTS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MAYOR MURPHY MOVED TO AMEND BY MAKING THE ORDINANCE EFFECTIVE ON OCTOBER 1, 1979. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAIN MOTION FOR ADOPTION OF ORDINANCE NO. 13 -79 CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 14 -79 RE: INCREASE IN SEWER RATES. AMENDING ORDINANCE N0. - SECOND READING) MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: 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. MR. RUTHERFORD MOVED TO PLACE THE ORDINANCE ON THE FLOOR. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED. DISCUSSION FOLLOWED REGARDING THE RATE CLASSIFICATION AND STRUCTURE IN THIS ORDINANCE. IT WAS AGREED BY COUNCIL TO COMMENCE REVIEW OF THE SEWER ORDINANCE AT NEXT WORKSHOP. , J, MICROFILMED 4- 24 -80' MAYOR MURPHY MOVED TO AMEND ORDINANCE NO. 14 -79 MAKING IT EFFECTIVE OCTOBER 1, 1979. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. LEE MOVED FOR ADOPTION OF ORDINANCE NO. 14 -79 INCREASING SEWER RATES BY 25 PERCENT. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ORDINANCE NO. 15 -79 AMENDING CHAPTER 255.01 OF I CO -RE':= RECREATION BOARD STRUCTURE MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING SECTION 255.01 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY DELETING THE PROVISION THAT MEMBERS OF THE CAPE CANAVERAL, FLORIDA RECREATION BOARD BE RESIDENTS OF THE CITY; BY REPEALING ALL PARTS OF THE CITY CODE IN CONFLICT WITH THIS ORDINANCE; BY PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR APPROVAL OF FIRST READING. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 16 -79 RE: RENEWAL OF CABLE TV FRANCHISE AGREEMENT ESOLUTION NO. 79 -38 RE: APPROVING NEW RATE SCHEDULE MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COMMUNICABLE, A DIVISION OF SOUTHLAND COMMUNICATIONS, INC., FORMERLY KNOWN AS FIVE BEACHES CABLE T.V., INC., EXTENDING A FRANCHISE FOR TELEVISION CABLE SERVICES FOR THE CITY OF CAPE CANAVERAL, FLORIDA FOR AN ADDITIONAL FIFTEEN YEARS, COMMENCING SEPTEMBER 15, 1979; BY PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR APPROVAL OF FIRST READING. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ATTORNEY SCOTT POINTED OUT TO COUNCIL THAT THIS ORDINANCE WAS EXTENDING THE CABLE FRANCHISE FOR AN ADDITIONAL 15 YEARS AND SUGGESTED COUNCIL REVIEW THE FRANCHISE PRIOR TO SECOND READING. MAYOR MURPHY SUGGESTED THAT ATTORNEY SCOTT REVIEW THE FRANCHISE AND MAKE RECOMMENDATIONS TO COUNCIL. ATTORNEY SCOTT ADVISED COUNCIL THAT ANY RATE INCREASE ON CABLE SHOULD BE DONE BY RESOLUTION AND NOT BY MOTION AS STATED ON THE AGENDA. MAYOR MURPHY READ THE TITLE OF RESOLUTION NO. 79 -38 AS FOLLOWS: A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR T.V. CABLE SERVICE AND INSTALLATION WITHIN THE CITY OF CAFE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE 2 OF 5 WAGES 1 1 ' w MICROFILMED 4 -24 -80 MAYOR MURPHY MOVED FOR ADOPTION OF RESOLUTION NO. 79 -38. MR. RUTHERFORD SECONDED MOTION. AT THIS TIME, COUNCILMAN LEE LEFT THE COUNCIL MEETING DUE TO A FIRE CALL. DISCUSSION FOLLOWED ON THE NEW RATE SCHEDULE, CON MUNICABLE'S LETTER OF AUGUST 24, 1979 AND FRANCHISE FEE FOR HOME BOX OFFICE. MRS. BOYD MOVED TO POSTPONE RESOLUTION NO. 79 -38 UNTIL THE NEXT WORKSHOP AND INVITE MR. BEVIS OF COMMUNICABLE TO ATTEND THE WORKSHOP MEETING WITH HIS ATTORNEY. MRS. CALVERT SECONDED MOTION. MOTION-TO-POSTPONE PASSED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 79 -33 RE: SETTING MILLAGE FOR 1979-80 FISCAL EAR MAYOR MURPHY READ THE RESOLUTION ENTITLED: A RESOLUTION ESTABLISHING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1979 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY ITEM 4. RESOLUTION NO. 79 -34 RE: ADOPTION OF *1'97'9','80' BUDGET MAYOR MURPHY 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, 1979 AND ENDING SEPTEMBER 30, 1980; PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MAYOR MURPHY EXPLAINED TO THOSE IN THE AUDIENCE THAT THIS WAS A PUBLIC HEARING ON THE ADOPTION OF THE CITY'S BUDGET AND BRIEFLY REVIEWED THE FIGURES FOR THOSE IN ATTENDANCE. MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION NO. 79 -34 CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 79 -35 RE: RENEWAL AGREEMENT WITH PORT R FIRE PROTECTION MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPROVING SEVENTH RENEWAL OF THE FIRE PROTECTION AGREEMENT BETWEEN CITY OF CAPE CANAVERAL AND CANAVERAL PORT AUTHORITY; PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. • COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE 3 OF 5 PAGES MICROFILMED 4 -24 -80 ' ITEM 6. RESOLUTION NO. 79 -36 RE: APPOINTING REGULAR MEMBERS TO*PIANNING*_AND ZONING BOARD MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING REGULAR MEMBERS TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY EXPLAINED THAT THIS RESOLUTION WAS RE- APPOINTING THREE PRESENT BOARD MEMBERS FOR TWO -YEAR TERMS. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. BUSSEN, MR. FOSTER AND MR. TISHKEN WERE APPOINTED WITH TERMS TO EXPIRE ON SEPTEMBER 15, 1981. ITEM 7. RESOLUTION NO. 79 -37 RE: APPROVING LAW ENFORCEMENT CONTRACT SHERIFFS DEPARTMENT MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE SHERIFF OF BREVARD COUNTY, FLORIDA, EXTENDING AN EXISTING CONTRACT WITH SAID SHERIFF FOR MUNICIPAL POLICE SERVICES FOR THE CITY OF CAPE CANAVERAL, FLORIDA FOR ONE YEAR, COMMENCING OCTOBER 1, 1979 FOR A CONTRACT PRICE OF $315,004.00; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. ATTORNEY SCOTT INFORMED COUNCIL THAT HE WOULD CONTACT THE SHERIFF'S OFFICE FOR THE AGREEMENT WHICH WOULD ACCOMPANY THIS RESOLUTION. MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION PASSED UNANIMOUSLY. ITEM 8. MOTION RE: APPROVAL OF AUDIT CONTRACT MAYOR MURPHY REVIEWED THE LETTER FROM AUDITORS DOBSON, JONES, BJERNING AND HOYMAN DATED AUGUST 22, 1979 WHICH EXPLAINED THE FUNDS TO BE AUDITED FOR YEAR ENDING SEPTEMBER 30, 1979 AND THE FEE OF $8,500 FOR THE AUDIT. MRS. BOYD MOVED TO APPROVE THE AUDIT CONTRACT. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY ITEM 9. MOTION RE: ACCEPTING PROPOSAL FROM XEROX TO PURCHASE COPY MACHINE MAYOR MURPHY EXPLAINED THE XEROX LEASE /PURCHASE AGREEMENT WOULD REQUIRE THE SAME MONTHLY PAYMENT WITH A DOWN PAYMENT OF $800.00 AT THIS TIME. CITY MANAGER OSTROM POINTED OUT THAT THIS SERVICE CONTRACT IS BASED ON 6,500 COPIES PER MONTH AND THE MACHINE WOULD BELONG TO THE CITY IN FIVE YEARS. MRS. BOYD MOVED TO ACCEPT THE PROPOSAL FROM XEROX. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE 4 OF 5 BALES P � r � � r U-- MICROFILMED 4 -24 -80 DISCUSSION MAYOR MURPHY ANNOUNCED THAT DEPARTMENT OF ENVIRONMENTAL REGULATION HAD CANCELLED THEIR MEETING SET FOR WEDNESDAY, SEPTEMBER 5. MAYOR MURPHY REMINDED COUNCIL AND AUDIENCE OF THE THURSDAY WORKSHOP FOR COUNCIL'S REVIEW OF COMPREHENSIVE PLAN. MR. KADAN IN THE AUDIENCE REQUESTED A PUBLIC ADDRESS SYSTEM BE USED IN THE COUNCIL ROOM DUE TO A RECENTLY CROWDED MEETING AND THE PROBLEM OF HEARING THE PROCEEDINGS. MEETING ADJOURNED AT 9:30 P.M. APPROVED THIS 18 DAY OF SEPTEMBER , 1979. COUNCIL MINUTES SEPTEMBER 4� 1979 PAGE 5 OF 5 PAGES