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Home My WebLink About04-07-1981 Regular Meetingr MICROFBLh "EO 4 -15 -85 CITY COUNCIL REGULAR MEETING APRIL 7, 1981 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON APRIL 7, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR J.L. MURPHY, JR. AT 7:31 P.M. OFFICIALS PRESENT WERE: MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS L.C. BOYD, P. LEE AND W. RUTHERFORD; ACTING CITY MANAGER A.J. FRANCIS, CITY ATTORNEY JOSEPH SCOTT, CITY CLERK P.J. BEAULIEU AND SGT. -AT -ARMS JOAN HUDEPOHL. COUNCIL MEMBER JOAN CALVERT WAS ABSENT DUE TO ILLNESS. MR. LEE MOVED TO WAIVE THE READING OF THE MINUTES OF MARCH 3. MARCH 16, MARCH 17 AND APRIL 2. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. MOTION RE: SHERIFF'S BUDGET MR. RUTHERFORD REVIEWED SHERIFF MILLER'S ORIGINAL REQUEST FOR $34,000 AND EXPLAINED THAT HE WOULD LIKE TO BE ABLE TO MAINTAIN THE SERVICES OF CAPTAIN BARRINGER AND THE TWO SERGEANTS WHO ARE PRO- VIDING THE SUPERVISION FOR THE SHIFTS AND POSSIBLY PAY FOR ONE CAR OR A PORTION OF A CAR. MR. RUTHERFORD MOVED TO AUTHORIZE AN ADDITIONAL $20,000 TOWARDS THE SHERIFF'S BUDGET. MOTION FAILED FOR LACK OF A SECOND. MR. LEE MOVED TO APPROVE AN ADDITIONAL $11,000 FOR THE SHERIFF'S BUDGET. MR. LEE EXPLAINED THAT HE FELT THIS AMOUNT SHOULD BE USED TO KEEP THE PERSONNEL AND NOT FOR THE CARS. MRS. BOYD SECONDED MOTION. DISCUSSION FOLLOWED BETWEEN COUNCIL MEMBERS AND CAPTAIN BARRINGER WHO WAS IN ATTENDANCE. COUNCIL MEMBERS STRESSED THEIR DESIRE TO KEEP THE PERSONNEL AND LEVEL OF SERVICE THAT THE CITY WAS PRESENTLY RECEIVING. VOTE ON THE MOTION ON THE FLOOR WAS UNANIMOUS. ITEM 2. MOTION RE: AUTHORIZATION FOR FIRE HYDRANT AT -AlA AND •INTERNATIONAL MAYOR MURPHY MOVED TO AUTHORIZE INSTALLATION OF A FIRE HYDRANT AT AlA AND INTERNATIONAL DRIVE. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 81 -17 RE: APPOINTMENT OF BEAUTI- FICATION BOARD MEMBER COUNCIL HAD BEFORE THEM A RESOLUTION APPOINTING RUTH KOHLER TO THE CITY'S BEAUTIFICAITON BOARD. MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING A MEMBER.TO THE BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. ORDINANCE NO. 1 -81 AMENDMENT TO CODE CHAPTER 624.04 C RE: PERMIT PROCEDURES FLOOD DAMAGE PRE- VENTION ORDINANCE SECOND READING POSTPONED 3- MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 624 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA ENTITLED "FLOOD DAMAGE PREVENTION" BY AMENDING SECTION 624.04 (C) "PERMIT PRO- CEDURES" TO INCLUDE SECTION 624.04 (C) (5) TO REQUIRE A CERTIFICATE FROM THE FLOOD INSURANCE ADMINISTRATOR ESTAB- LISHING (i) BASE FLOOD ELEVATION, (ii) WAVE HEIGHT HAZARD (iii) INSURANCE RISK RATE; BY REPEALING ALL CODE SECTIONS OR PARTS THEREOF WHICH ARE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. ORDINANCE NO. 4 -81 AMENDMENT TO CODE 'CHAPTER 535 RE: SEWER CONNECTION ASSESSMENTS FOR LAUNDROMATS SECOND READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 535 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED "SEWER CONNECTION ASSESSMENT ", BY INCLUDING A DEFINITION FOR THE CATEGORY.OF LAUNDROMAT; BY REPEALING ALL PARTS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. RESOLUTION NO. 81 -19 RE: APPOINTMENT'OF BUILDING OFFICIAL MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION REINSTATING THE BUILDING OFFICIAL; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS.::BOYD SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MR. LEE. AND MR. RUTHERFORD, OPPOSED MAYOR MURPHY. MOTION CARRIED. 5ITY-8�OUNCIL MINUTES PAGE OF .5 MICROFILM 4 -15 -85 ITEM 2. RESOLUTION NO. 81-2,0 RE:' APPOINTMENT OF CITY CLERK MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING A CITY CLERK; PROVIDI1G FOR COMPENSATION FOR SAID CITY CLERK; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MR. LEE AND MR. RUTHERFORD, OPPOSED, MAYOR MURPHY. MOTION CARRIED. I TEM 3. RESOLUTION 81 -22 RE: ACCEPTANCE OF 60 -FOOT OR STREET AND SEWER EASEMENT COMBINA- TION FOR INTERNATIONAL DRIVE ATTORNEY SCOTT REQUESTED THAT THIS ITEM BE POSTPONED. MAYOR MURPHY MOVED TO POSTPONE RESOLUTION NO. 81 -22 UNTIL THE NEXT REGULAR COUNCIL MEETING. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTION NO. 81 -23 RE: AGREEMENT WITH COUNTY FOR LIFEGUARD SERVICES MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFEGUARD SERVICE FOR THE CITY OF CAPE CANAVERAL; BY PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED FOR ADOPTION OF THE RESOLUTION. MR. LEE SECONDED MOTION. MAYOR MURPHY MOVED TO CHANGE SECTION 3 OF THE AGREEMENT (INCOMING LOG #810239) TO INCLUDE FOUR LIFEGUARDS TO BE PLACED AS DEEMED NECESSARY TO COVER THE MOST POPULATED!AREAS OF THE BEACH BUT NO FARTHER NORTH THAN HARBOR HEIGHTS AND TO GIVE MR. FRANCIS AUTHORITY TO WORK OUT THE HOURS FOR COVERAGE WITH THE COUNTY. MRS. BOYD SECONDED MOTION. COUNCIL STRESSED THE NECESSITY OF HAVING LIFEGUARD COVERAGE DURING THE AFTERNOONS RATHER THAN IN THE MORNING. IT WAS POINTED OUT THAT COUNCIL WAS JUSTi,AUTHORIZING THE MONEY FOR THE LIFEGUARD CONTRACT AND MR. FRANCIS WOULD BE NEGOTIATING THE AGREEMENT WITH THE COUNTY. VOTE ON THE MAIN MOTION AND AMENDMENT WAS UNANIMOUS. ITEM 5. MOTION RE: TRANSFER OF FUNDS TO POLICE DEPARTMENT BUILDING REPAIR ACCOUNT MR. FRANCIS REQUESTED THAT THIS ITEM BE POSTPONED UNTIL THE NEXT COUNCIL MEETING. MAYOR MURPHY MOVED TO POSTPONE FOR TWO WEEKS. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MINUTES 4 -7 -81 PAGE 3 OF 5'' ITEM 6. MOTION RE: TRANSFER $150.00 FROM RECREATION CONTINGENCY TO LINE ITEM FOR SEMINAR MAYOR MURPHY EXPLAINED THAT THE RECREATION DIRECTOR REQUESTED PERMISSION TO ATTEND A SEMINAR AND THERE WAS NO LINE ITEM IN THE BUDGET TO COVER THAT EXPENSE. MAYOR MURPHY MOVED TO TRANSFER $150.00 FROM THE RECREATION CONTINGENCY LINE ITEM TO A LINE ITEM FOR THE SEMINAR EXPENSE. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. MOTION RE: WAIVING FEES FOR CAPEVIEW ELEMENTARY SCHOOL'S MINI COURSE'S FOR RACQUETBALL AND TENNIS MAYOR MURPHY MOVED TO WAIVE THE FEES FOR THE CAPEVIEW ELEMENTARY SCHOOL'S MINI COURSES FOR RACQUETBALL AND TENNIS. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. MOTION RE: ANNUAL AUDIT MAYOR MURPHY MOVED TO RECEIVE THE ANNUAL AUDIT. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 9. MOTION RE: AUTHORIZATION FOR CITY MANAGER'S MOVING EXPENSES MRS. BOYD MOVER THAT THE CITY PAY FOR THE CITY MANAGER'S MOVING EXPENSES NOT TO EXCEED $1,000.00, $500.00 IN OCTOBER AND THE BALANCE AFTER THE CITY MANAGER HAD BEEN ON BOARD FOR ONE YEAR. MR. LEE SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MR. LEE, OPPOSED, MAYOR MURPHY AND MR. RUTHERFORD. MOTION FAILED. MR. RUTHERFORD MOVED TO PAY THE MOVING EXPENSES NOT TO EXCEED $1,000.00, ONE -HALF PAYABLE THIS MONTH OR WHEN THE BILL WAS PRESENTED AND THE OTHER HALF PAYABLE AFTER OCTOBER 1. MOTION FAILED FOR LACK OF A SECOND. MRS. BOYD MOVED TO PAY THE CITY MANAGER'S MOVING EXPENSES NOT TO EXCEED $1,000.00 WHEN THE BILL WAS SUBMITTED. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MR. LEE REPORTED THAT HE HAD CHECKED OUT THE COMPLAINT REGARDING THE KEEPING OF BEES ON MADISON AVENUE. ATTORNEY SCOTT WAS REQUESTED TO WRITE MR. MILLEKIN A LETTER REGARDING HIS NEIGHBORS COMPLAINT AND TO MENTION THAT THE BEES HAD BEEN DOING EXTENSIVE DAMAGE TO THE -PAINT ON THE AUTOMOBILES IN THAT AREA. IT WAS ALSO REQUESTED THAT MR. SCOTT REQUEST THAT MR. MILLIKEN ANSWER THE LETTER. COUNCIL MINUTES 4 -7 -81 Page 4 pf 5 Ari1`CROFILMED 4 -15 -8 MR. FRANCIS REPORTED THAT THE BUILDING OFFICIAL WAS WORKING ON DR. PINDZIAK'S COMPLAINT LETTER OF MARCH 29. ATTORNEY SCOTT REPORTED THAT COUNCIL SHOULD SOON BE HEARING THE OUTCOME OF THE SEPTEMBER HEARING ON THE PINDZIAK SUIT. MR. RUTHERFORD INFORMED COUNCIL OF THE BREVARD LEAGUE MEETING ON APRIL 13 AND NOTED THAT COUNCIL WOULD BE GIVEN A REPORT ON DUAL TAXATION PRIOR.TO THAT MEETING. MAYOR MURPHY POINTED OUT THE RECENT BURN WHICH HAD BEEN PERFORMED ON OCEAN CLUB AND REQUESTED THAT THE FIRE DEPARTMENT BE NOTIFIED THAT FUTURE BURNS OF THIS TYPE BE ACCOMPLISHED BY KEEPING THE MATERIAL TO BE BURNED AWAY FROM NEIGHBORING HOMES OR BUILDINGS. MAYOR MURPHY REVIEWED THE BEAUTIFICATION BOARD'S LETTER OF MARCH 23 WHICH REQUESTED THAT THE CITY PLACE PUBLICITY NOTICES IN THE NEWSPAPER REMINDING RESIDENTS OF THE UPCOMING CLEAN UP MONTH AND ADVISING CITIZENS OF TRASH PICKUP, ETC. COUNCIL SUGGESTED THE BOARD USE CABLE TV, PUBLIC SERVICE ANNOUNCEMENTS IN THE NEWSPAPER OR RADIO ANNOUNCEMENTS FOR SUCH PUBLICITY. COUNCIL DISCUSSED THE REQUESTS WHICH HAD BEEN RECEIVED FROM BAR OWNERS IN THE CITY TO STAY OPEN ALL NIGHT FOR THE SHUTTLE LAUNCH. IT WAS DECIDED TO ADJOURN THE REGULAR MEETING AT THIS TIME AND HOLD AN EMERGENCY MEETING TO PASS AN EMERGENCY ORDINANCE COVERING THIS SUBJECT. AT 9:30 MAYOR MURPHY MOVED TO ADJOURN. MRS, BOYD SECONDED MOTION. MOTION CARRIED. MEETING ADJOURNED. APPROVED THIS DAY OF , 1981. 11 Rjwj6—Q � - YOR 7. , �'� oz ��' A �� sa -�- CIPY CLERK CITY COUNCIL 'MtNUTEE 4,7,81 PAGE 5 OF 5