HomeMy WebLinkAbout05-05-1981 Regular Meeting^- REGULAR. MEETING
CITY COUNCIL
MAY 5, 1981 MICROFILMED 4 -15-85
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA WAS HELD ON MAY 5, 1981 AT CITY HALL, 10� POLK
AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR J.L.MURPHY, JR.,
AT 7:38 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE: MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS L. BOYD, J. CALVERT,
P. LEE AND W. RUTHERFORD; CITY ATTORNEY JOSEPH SCOTT, CITY MANAGER
P: WITSCHEN, CITY CLERK P.J. BEAULIEU AND SERGEANT -AT -ARMS DANA
DOUCETTE.
MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
APRIL 21. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 6 -81 AMENDING 'CITY *CHARTER
XVI I , SECTION 10, AS AMENDS RE: � S'E'_' . T_N
MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE AMENDING SECTION 10,- ARTICLE XVII OF THE CHARTER
OF THE CITY OF CAPE CANAVERAL, FLORIDA, PERTAINING TO PURCHASE
BY COMPETITIVE BIDS, BY PROVIDING AN EXEMPTION THERETO; RE-
PEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION,
MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 6 -81 ADOPTED ON SECOND
READING.
ITEM 2. ORDINANCE NO. 7 -81 AMENDING 'CODE CHAPTER -535, AS
AMENDED, RE: INCREASING SEWER ?CONNECTI "ON ASSESSMENT
(SECOND READING
MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE AMENDING CHAPTER 535, ENTITLED "SEWER CONNECTION
ASSESSMENTS ", BY INCREASING THE SEWER CONNECTION ASSESSMENTS FOR
SINGLE FAMILY DWELLING UNITS, MULTIPLE FAMILY DWELLING UNITS,
MOBILE PARK SPACE, HOTEL OR MOTEL ROOMS, RESTAURANTS AND LOUNGES,
CONDOMINIUM UNITS, LAUNDROMATS, AND OTHER COMMERCIAL UNITS; BY
PROVIDING AN EFFECTIVE DATE.
MR. LEE MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED THE MOTION.
MAYOR MURPHY MOVED TO AMEND ORDINANCE 7 -81, SECTION 1, THT-RD PARA-
GRAPH, REFERRING TO LAUNDROMATS,BY DELETING'THE WORDS "AND DRYERS ".
MRS. CALVERT SECONDED MOTION. AMENDMENT AND MAIN MOTION CARRIED
UNANIMOUSLY. ORDINANCE NO. 7 -81 ADOPTED ON SECOND READING.
NEW BUSINESS
ITEM 1. ORDINANCE NO. 8 -81 RE: REFERENDUM QUESTION ON
NOVEMBER 3, 1981 BALLOT, AMENDING 'CI'TY CHARTER
ARTICLE III, SECTION 4. RELATING TO VACANCY IN
ELECTED OFFICE FIRST READING
MAYOR MURPHY READ THE TITLE: OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE
CANAVERAL, FLORIDA, A PROPOSED AMENDMENT TO ARTICLE III,
SECTION 4, OF THE CITY CHARTER RELATING TO VACANCIES IN
ELECTED OFFICES AND THEIR LENGTH OF TERM; PROCEDURE OF
FILING AMENDMENT; PROVIDING AN EFFECTIVE DATE.
MRS. BOYD MOVED TO APPROVE FIRST READING. MR. RUTHERFORD
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. RESOLUTION NO. 81 -26 RE: ADOPTION OF' 'BEAUTIFICATION
BOARD BY -LAWS
MAYOR MURPHY READ THE RESOLUTION ENTITLED:
A RESOLUTION ADOPTING THE BY -LAWS OF THE BEAUTIFICATION
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING
AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. RESOLUTION NO. 81 -27 RE: APPOINTMENT OF MEMBER TO
BEAUTIFICATION BOARD
MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING PEG MILLER
TO THE BEAUTIFICATION BOARD.
FOLLOWS:
THE TITLE OF THE RESOLUTION WAS AS
A RESOLUTION APPOINTING A MEMBER TO THE BEAUTIFICATION BOARD;
PROVIDING AN EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 4. RESOLUTION NO. 81 -28 RE: SIGNING OF LIFEGUARD
A�RFFMFNT
MAYOR MURPHY READ:.THE RESOLUTION ENTITLED:
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA,
TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIO.
NERS OF BREVARD COUNTY, FLORIDA TO PROVIDE LIFEGUARD SERVICE
FOR THE CITY OF CAPE CANAVERAL; BY PROVIDING AN EFFECTIVE
DATE
MAYOR MURPHY MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION.
DISCUSSION FOLLOWED ON THE LOCATION OF THE LIFEGUARDS,ri.MAYOR'MURPHN.'
REQUESTED THAT THE CITY MANAGER AND RECREATION DIRECTOR POSITION
THE LIFEGUARDS WHERE NECESSARY. MOTION ON THE FLOOR CARRIED
UNANIMOUSLY.
ITEM 5. RESOLUTION NO'. 8'1' -2'9 'RE - GARBAGE RATE INCREASE
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE
AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERALf FLORIDA -;
PROVIDING AN EFFECTIVE DATE. CITY COUNCIL 5 -5 -81
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MICROFILI'E® 4 -15 -85
MAYOR MURPHY MOVED FOR ADOPTION. MR. LEE SECONDED MOTION.
IT WAS EXPLAINED THAT THE RATE INCREASES IN THIS RESOLUTION WERE
MINOR, WITH THE EXCEPTION OF APARTMENTS AND TRAILERS, DUE TO THE
FACT THAT LAST YEARS' RATE INCREASE HAD BROUGHT SOME CATEGORIES
ABOVE COLLECTION COSTS.
MOTION ON THE FLOOR FOR ADOPTION OF THE RESOLUTION CARRIED
UNANIMOUSLY.
ITEM 6. RESOLUTION NO. 81 -30 RE: OCCUPATIONAL LICENSES
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION SUPPORTING THE CONTINUED REGULATION OF
OCCUPATIONAL LICENSES BY MUNICIPALITIES; OPPOSING LEGIS-
LATION TO-GRANT COUNTIES THE SOLE LICENSING AUTHORITY;
PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY REQUESTED
THAT A COPY OF THE RESOLUTION BE SENT TO EACH BREVARD LEAGUE CITY.
ITEM 7. MOTION RE: APPROVING OCCUPATIONAL LICENSE TO PEDDLE
MAYOR MURPHY EXPLAINED THAT THIS LICENSE TO PEDDLE WAS FOR
HEIDE HARRELSON AND MRS. HARRELSON HAD REQUESTED IT IN ORDER TO
SELL T- SHIRTS AT VARIOUS BARS AND PLACES OF BUSINESS IN THE CITY.
MR. LEE MOVED TO APPROVE THE OCCUPATIONAL LICENSE TO PEDDLE. MR.
RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 8. MOTION RE: TWEED LAWSUIT
MR. LEE MOVED TO SETTLE THE TWEED LAWSUIT OUT OF COURT FOR
$15,000. MR. RUTHERFORD SECONDED MOTION. COUNCIL DISCUSSED THE
PROS AND CONS OF TAKING THIS CASE TO THE COURTS. VOTE ON THE MOTION
ON THE FLOOR WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MRS. CALVERT,
MR. LEE AND MR. RUTHERFORD, OPPOSED, MAYOR MURPHY. MOTION CARRIED.
ITEM 9. MOTION RE: DESIGNATING AUTHORIZED PARTIES TO SIGN
DEPARTMENT OF TRANSPORTATION S REQUEST RE:' CLOSING OF
STATE ROADS
MAYOR MURPHY EXPLAINED THAT THE CITY HAD RECEIVED A FORM FROM
THE STATE REQUESTING THAT THE CITY AUTHORIZE PERSONS TO SIGN FOR
THE CLOSING OF STATE ROADS. MAYOR MURPHY MOVED THAT CAPTAIN JACKSON,
OR HIS RANKING OFFICER IN HIS ABSENCE, AND THE CITY MANAGER BE AUTHOR-
IZED TO SIGN. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL
5 -5 -81
PAGE 3 OF 5
ITEM 10. MOTION RE: AUTHORIZATION FOR BRILEY, WILD AND
ASSOCIATES TO PROCEED WITH SEWER PLANT EXPANSION
DESIGN
MAYOR MURPHY EXPLAINED THAT THE SEWER PLANT DESIGN WOULD
TAKE SOME TIME AND THE CITY FELT THAT THEY SHOULD PROCEED WITH
THE TASK. HE FURTHER ADDED THAT THE CITY MANAGER HAD BEEN ASKED
TO REVIEW THE FUNDS IN THE SEWER BUDGET AND MR. WITSCHEN HAD
INFORMED COUNCIL THAT SUFFICIENT MONEY WAS AVAILABLE TO COMMENCE
WITH THE PLANT DESIGN. MAYOR MURPHY POINTED OUT THAT THIS WOULD
STILL LEAVE THE CITY THE OPTION FOR FARMERS HOME ADMINISTRATION
FUNDS IF APPROVED AT A LATER DATE. MR. WITSCHEN HAD RECOMMENDED
THAT THE CITY USE THE FARMERS HOME ADMINISTRATION AGREEMENT FOR-
ENGINEERING SERVICES SO THAT, IN THE EVENT MONEY IS AVAILABLE FROM
THEM IN THE FUTURE, THE TRANSITION COULD BE EASILY ACCOMPLISHED.
MAYOR MURPHY MOVED THAT THE CITY PROCEED WITH THE SEWER PLANT
EXPANSION DESIGN USING THE AGREEMENT FOR ENGINEERING SERVICES
REQUIRED BY THE FARMERS HOME ADMINISTRATION. MR. LEE SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
DISCUSSION
MR. LEE BROUGHT UP THE SUBJECT OF THE CITY'S POLICE CONTRACT
AND REQUESTED THAT THE CITY MANAGER EXPLORE ALL ALTERNATIVES FOR
POLICE PROTECTION FOR THE CITY. DISCUSSION FOLLOWED, AND IT WAS
SUGGESTED THAT MR. WITSCHEN REVIEW ALL ASPECTS OF THE PRESENT POLICE
CONTRACT WITH THE SHERIFF AS WELL AND THAT SOME TIME BE SET ASIDE
AT EACH WORKSHOP TO DISCUSS THIS SUBJECT.
COUNCIL DISCUSSED A LETTER WHICH THEY HAD RECEIVED FROM ERNESTINE
BUTTE WHICH STATED THAT SHE HAD PAID A SEWER BILL COVERING REPAIR OF
A LATERAL LINE AND THE CITY WAS STILL BILLING FOR THAT REPAIR.
MR. WITSCHEN INFORMED COUNCIL THAT NO PAYMENT COULD BE FOUND IN
THE CITY'S RECORDS. IT WAS DECIDED TO PLACE THIS ITEM ON THE NEXT
WORKSHOP. CITY MANAGER WITSCHEN WAS ASKED TO INFORM MRS. BUTTE OF
THIS.
CITY MANAGER WITSCHEN INFORMED COUNCIL THAT HE WOULD BE
ADVISING THE SHERIFF'S DEPARTMENT OF WHAT COUNCIL WAS CONTEMPLATING
AS FAR AS ALLOWING CATAMARAN ACCESS TO THE BEACH AT WASHINGTON
AVENUE AND HE WOULD BE ORDERING SIGNS TO BE POSTED IN THAT AREA.
CITY COUNCIL
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MICROFILMED
THERE BEING NO FURTHER BUSINESS, MAYOR MURPHY
ADJOURNED THE MEETING AT 9:10 P.M.
APPROVED THIS 19 DAY OF May , 1981.
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