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Home My WebLink About12-18-1979 Regular MeetingMICROFILMED 4 -24 -8 CITY COUNCIL REGULAR MEETING DECEMBER 18, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON DECEMBER 18, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:31 P.M. BY MAYOR JOHNSON L. MURPHY, JR. THE ROLL WAS CALLED BY THE CITY CLERK., OFFICIALS PRESENT WERE: MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T. LEE AND W. RUTHERFORD; CITY ATTORNEY RICHARD F. SCOTT, ATTORNEY JOSEPH SCOTT, CITY MANAGER ANITA J. OSTROM, CITY CLERK PATRICIA J. BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL. THE MINUTES OF THE REGULAR MEETING OF DECEMBER 4 WERE APPROVED AS READ. MR. EDWARD PRICE, BRANCH MANAGER OF FIRST NATIONAL BANK OF CAPE CANAVERAL, PRESENTED MAYOR MURPHY WITH A PLAQUE AND EXPRESSED THE BANK'S APPRECIATION FOR THE MAYOR'S OFFICIATING AT THE OPENING OF THE BANK'S NEW DRIVE -IN ADDITION. NEW BUSINESS ITEM 1. RESOLUTION NO. 79a -58 RESCINDING RESOLUTIONS 79 -42, 79-44, 79--54 AND '7'9'-'5'5 RE: HARB R vV T*fN=0' 'D C'0TTD W*AYTT T -' 'D 'A' Y•T MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION RESCINDING RESOLUTION NOS. 79 -42, 79 -44, 79 -54 AND 7955, WHICH RESOLUTIONS PROVIDED FOR THE ADOPTION OF THE HARBOR HEIGHTS RESURFACING PROJECT, ESTABLISHING THE ASSESSMENTS TO THE BENEFITED. PROPERTIES, LEVYING THE ASSESSMENTS AGAINST THE BENEFITED PROPERTIES, ESTABLISHING THE PRIORITY OF THE LIEN AND PAYMENT OF INTEREST AND AUTHROIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH THE CONTRACTOR FOR THE RESURFACING OF THE HARBOR HEIGHTS SUBDIVISION; PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION. MR. LEE SECONDED MOTION. A PETITION WITH 127 SIGNATURES WAS PRESENTED BY HARRY KADAN PROTESTING MAJOR STREET REPAIRS BEING PAID FOR FROM GENERAL FUND. AFTER DISCUSSION BETWEEN THE CITIZENS IN THE AUDIENCE AND COUNCIL MEMBERS, THE VOTE ON THE MOTION ON THE FLOOR WAS CALLED. VOTE WAS AS FOLLOWS: IN FAVOR; MRS. BOYD, MRS. CALVERT; MR. LEE AND MR. RUTHERFORD, OPPOSED, MAYOR MURPHY. -MOTION CARRIED. MICROFILMED 4 -24 -80 i ITEM 2. MOTION RE: AUTHORIZING CITY MANAGER TO CONTRACT FOR STUDY TO FORMULATE LONG -RANGE STREET REPAIR LAN MAYOR MURPHY EXPLAINED THAT THE INFORMATION NEEDED PRIOR TO AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THIS STUDY WOULD NOT BE AVAILABLE UNTIL PERHAPS THE FIRST WORKSHOP IN JANUARY. MAYOR MURPHY MOVED TO TABLE THIS ITEM. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION OR ORDINANCE RE: ADOPTION OF TRAFFIC ELEMENT OF COMPREHENSIVE PLAN ATTORNEY SCOTT HAD PREPARED A MEMORANDUM FOR COUNCIL ON THE SUBJECT OF THE ADOPTION OF THE TRAFFIC ELEMENT. MR. SCOTT INFORMED COUNCIL THAT HIS RESEARCH INDICATED THAT THE COMPREHENSIVE PLAN REQUIRES TWO PUBLIC HEARINGS PRIOR TO ITS ADOPTION, HOWEVER, THE ADOPTION OF THE ELEMENTS ARE TREATED SEPARATELY IN THE STATE STATUTE. REGARDING THE ADOPTION OF THE ELEMENTS, THE STATUTE SAYS AS BY MUNICIPAL LAW, WHICH WOULD REQUIRE TWO READINGS (1 PUBLIC HEARING). IT WAS MR. SCOTT'S OPINION THAT IN ORDER TO MAKE THE TRAFFIC ELEMENT SECURE, THE CITY SHOULD FOLLOW THE SAME GUIDELINES THAT THEY WOULD WHEN ADOPTING THE COMPREHENSIVE PLAN AND THE TWO READINGS SHOULD BE ADVERTISED AS TWO PUBLIC HEARINGS, HOWEVER, INDIVIDUAL NOTICE TO PROPERTY OWNERS WAS NOT REQUIRED. MR. SCOTT FURTHER STATED THAT HE FELT ADVERTISING WITH A ONE- QUARTER PAGE AD WAS NOT A REQUIREMENT AS LONG AS THE AD SPECIFIED TWO PUBLIC HEARINGS THE REQUIREMENTS WOULD BE MET, MR. SCOTT INFORMED COUNCIL THAT THE MATTER OF SENDING A COURTESY NOTICE TO PROPERTY OWNERS WHOSE LAND WOULD BE AFFECTED BY THE ADOPTION OF THIS ELEMENT, WOULD BE A MATTER THEY MIGHT WISH TO CONSIDER. MAYOR MURPHY REQUESTED THAT THE CITY MANAGER ESTABLISH THE ADVERTISING SCHEDULE AND PRESENT IT AT NEXT WORKSHOP. ITEM 4. RESOLUTION N0. 79 -59 RE: AUTHORIZE SIGNING OF AGREEMENT WITH HICKS CONSTRUCTION MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH HICKS CONSTRUCTION CO., INC., OF BREVARD COUNTY, FLORIDA, FOR THE CONSTRUCTION OF A STORAGE BUILDING FOR THE CITY PROVIDING AN EFFECTIVE DATE. COUNCIL MINUTES DECEMBER 18, 1979 PAGE 2 OF 5 PAGES MICROFILMED 4.24 -80 MRS. BOYD MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. ATTORNEY SCOTT INFORMED COUNCIL THAT HE HAD REVIEWED THE CONTRACT FROM A LEGAL POINT OF VIEW AND THAT IT DID MEET ALL THE LEGAL REQUIREMENTS. VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 79-60 RE: SETTING DATE FOR FIRST CITY COUNCIL MEETING IN 'JANUARY MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION CANCELLING THE JANUARY 1, 1980 MEETING DUE TO THE HOLIDAY AND SETTING THE DATE OF THE FIRST CITY COUNCIL MEETING IN 1980. MR. RUTHERFORD MOVED FOR ADOPTION. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. RESOLUTION NO. 79-61 RE' : ' APP`OTNTT'IENT 'OF ASSISTANT CITY ATTO 14AYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING'AN ASSISTANT CITY ATTORNEY; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. RESOLUTION NO. 79 -61 APPOINTING JOSEPH W. SCOTT AS ASSISTANT CITY ATTORNEY, PASSED UNANIMOUSLY, ITEM 7. MOTION RE: AUTHORIZE BRILEY, WILD TO PROCEED WITH ENGINEERING FOR SEWER PLANT EXPANSION MAYOR MURPHY EXPLAINED THAT BY MARCH 1 THE CITY WAS COST SUPPOSED TO HAVE A-READ OUT FROM THE COUNTY WITH SEVERAL ALTERNATIVES REGARD /SING SEWAGE TREATMENT. HOWEVER, IF NONE OF THE 201 STUDY RECOMMENDATIONS PROVE ECONOMICALLY FEASIBLE AND IT WERE NECESSARY FOR THE CITY TO UPGRADE AND EXPAND THEIR TREATMENT PLANT, MAYOR MURPHY INFORMED COUNCIL THAT JUST THE DESIGN OF THE SEWER PLANT COULD TAKE UP TO SIX MONTHS, HE FURTHER EXPLAINED THAT HE WAS THEREFORE SUGGESTING THAT THE COUNCIL AUTHORIZE BRILEY, WILD TO PROCEED WITH THE ENGINEERING FOR THE CITY SEWER PLANT EXPANSION. BRILEY, WILD HAD INFORMED MAYOR MURPHY THAT IF THE STUDY WAS AUTHORIZED IT COULD BE ACCOMPLISHED SPENDING ONLY A MINIMUM AMOUNT OF FUNDS BETWEEN THE PRESENT TIME AND MARCH IST WHEN THE 201 STUDY RECOMMENDATIONS ARE COMPLETED. COUNCIL MINUTES DECEMBER 18, 1979 PAGE '3 OF 5 PAGES MICROFILMED 4 -24 -80 DISCUSSION FOLLOWED ON THE FACT THAT THE PORT WAS CONTRIBUTING WASTE TO THE CITY'S SEWAGE PLANT AND IT WAS AGREED THAT THE ENGINEER'S STUDY COVER THE FIGURES ON THIS. MAYOR MURPHY MOVED TO AUTHORIZE BRILEY, WILD & ASSOCIATES TO COMMENCE THE ENGINEERING STUDY FOR SEWER PLANT EXPANSION SETTING AN INITIAL AMOUNT OF $5,000 FOR THE STUDY. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. MOTION RE: AUTHORIZE PROCUREMENT OF MICROFILM READER PRINTER AND CAMERA MAYOR MURPHY REVIEWED THE NEED FOR THIS EQUIPMENT AND NOTED THAT.THIS WAS A SOLE SOURCE PURCHASE DUE TO THE CITY'S SPECIFICATIONS. MAYOR MURPHY MOVED TO AUTHORIZE PROCUREMENT OF THE LANIER MICROFILM READER PRINTER AND CAMERA AT A COST NOT TO EXCEED $13,000, WITH 25° OF THE PURCHASE PRICE TO COME OUT OF THE SEWER FUND AND 75% TO COME OUT OF CONTINGENCY IN THE GENERAL FUND. MR. LEE SECONDED MOTION, MOTION CARRIED UNANIMOUSLY.- ATTORNEY SCOTT REQUESTED THAT THE PURCHASING AGENT SUBMIT A STATEMENT OF JUSTIFICATION FOR THIS SOLE SOURCE PURCHASE AND THAT THE STATEMENT BE PLACED IN THE RECORD IN ORDER TO COMPLY WITH THE PURCHASING PROCEDURE. (STATEMENT ATTACHED TO THESE MINUTES) ITEM 9. MOTION RE: AUTHORIZE SALARY INCREASE FOR T. PERRY MAYOR MURPHY MOVED TO GRANT A SALARY INCREASE OF $15.00 PER WEEK TO TERESA PERRY THEREBY TERMINATING MRS. PERRY FROM C.E.T.A. EMPLOYMENT. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MAYOR MURPHY DISCUSSED HIS LETTER TO THE SCHOOL BOARD AND THE BRIEF REPLY REGARDING THE QUESTION OF OCEAN FRONT PROPERTY OWNED BY THE BOARD WHICH THE CITY DESIRES TO SECURE IN ORDER TO DEVELOP IT AS A BEACH FRONT PARK. ATTORNEY SCOTT WILL ATTEMPT TO ARRANGE TO GET ON THE SCHOOL BOARD AGENDA TO DISCUSS WITH THE BOARD THIS OCEAN FRONT PROPERTY. MRS. BOYD REPORTED THAT BREVARD LEAGUE WOULD BE MEETING NEXT MONTH PRIOR TO THE NEXT CITY COUNCIL MEETING TO INSTALL NEWLY ELECTED OFFICERS. SINCE SHE WAS THE CITY'S REPRESENTATIVE AND HAS NOW BEEN APPOINTED TO THE OFFICE OF SECRETARY, IT WOULD BE NECESSARY FOR THE CITY TO APPOINT A NEW LEAGUE REPRESENTATIVE. COUNCIL MINUTES DECEMBER 18r 1979 PAGE- OF 5 PAGES jop MICROFILMED 4 -24 -80 MRS. BOYD MOVED TO ADD AN ITEM TO THE AGENDA TO APPOINT THE CITY'S REPLACEMENT VOTING MEMBER TO THE LEAGUE. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. BOYD MOVED TO APPOINT MR. LEE AS THE CITY'S REPLACEMENT TO BREVARD LEAGUE. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. BOYD REQUESTED A LETTER BE FORWARDED TO THE LEAGUE INFORMING THEM OF THIS ACTION. CITY ATTORNEY SCOTT INFORMED COUNCIL THAT THE MCGEE VS. *CONTINUED CITY OF CAPE CANAVERAL AND DAVID FITCH SUIT HAS BEEN GAR ,hh,ERB. AND NO NEW TRIAL DATE HAS BEEN SET. , THERE BEING NO FURTHER BUSINESS, MAYOR MURPHY MOVED TO ADJOURN THE MEETING AT 9:30 P.M. APPROVED THIS 15 DAY OF OCTOBER 1980. CITY CLERK *CORRECTED COUNCIL MINUTES DECEMBER 18, 1979 PAGE 5 OF 5 PAGES * dJh 7 a e / o� [C ®FILMED 4 -24.80 •�. City f C p� i ` ' \ 108 POLK AVENUE • CAPE CANAVERAL. FLORIDA 32920 TELEPHONE 308 783 -1100 r } _ ""OF December. 19, 1979 CAPE CANAVERAL ih U MEMO TO: ANITA OSTROM, CITY MANAGER FROM: .TAY BOLTON, PURCHASING AGENT SOLE SOURCE PURCHASE PROCEDURE FOR PURCHASE OF MICROFILM /MICROFICHE /READER /PRINTER AND MICROFILM CAMERA IS JUSTIFIED FOR THE - FOLLOWING REASON. LANIER BUSINESS PRODUCTS., INC. IS THE ONLY SUPPLIER OF READER /PRINTER AND CAMERA EQUIPMENT THAT IS COMPATIBLE WITH ALL OF THE FOLLOWING: A. BREVARD COUNTY MICROFILM /MICROFICHE PRINTOUTS REQUIRED BY THE CITY. r B. EXISTING CITY.BOOKKEEPING MACHINE PRINTOUT DIMENSIONS. C. STATE OF FLORIDA CONTRACTOR LICENSING MICROFICHE LISTS. jfAt J. BO TON CHA IN AGENT JJB/tp II. ATTACHMENT TO.COUNCIL MINUTES OF 12 -18 -79