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Home My WebLink About05-19-1981 Regular Meeting. o. I MICROFILMED 4.15.85- CITY COUNCIL REGULAR MEETING MAY 19, 1980 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON MAY 19,1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR J.L. MURPHY, JR. AT 7:36 P.M. OFFICIALS PRESENT WERE: MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS J. CALVERT,.P. LEE AND W. RUTHERFORD; CITY ATTORNEY JOSEPH SCOTT, CITY MANAGER P. WITSCHEN, CITY CLERK P.J. BEAULIEU, SERGEANT '-AT-- ARMS:.KRISTY DOUGLAS ARRIVED AT 7:51 P.M. COUNCILWOMAN L. BOYD WAS ABSENT DUE TO VACATION. MR. RUTHERFORD MOVED TO WAIVE THE READING OF THE MINUTES OF MAY 5. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 8 -81 RE:. REFERENDUM QUESTION ON NOVEMBER 3, 1981 BALLOT, AMENDING CITY CHARTER ARTICLE III, SECTION 4. RELATING TO VACANCY IN ELECTED OFFICE SECOND READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: 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. CALVERT MOVED FOR ADOPTION OF�ORDINANCE. MR. RUTHER- FORD SECONDED MOTION. MAYOR MURPHY EXPLAINED THAT THE SUBJECT COVERED IN THIS.ORDINANCE WOULD BE ON THE UPCOMING ELECTION IN NOVEMBER AND,, IF PASSED, IT WOULD CHANGE THE TERM OFIA PERSON APPOINTED BY THE CITY COUNCIL TO FILL A VACANT COUNCIL SEAT. MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ORDINANCE NO. 9-81 RE: SHARK FISHING (FIRST READING) MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE PROHIBITING SHARK FISHING FROM THE BEACH IN THE CITY LIMITS OF CAPE CANAVERAL, FLORIDA; RESTRICTING FISHING NEAR LIFE GUARD TOWERS; PROVIDING FORITHE PENALTIES FOR VIOLATION THEREOF; REPEALING ALL SECTIONS OF THE CODE IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE,DATE. MRS. CALVERT MOVED TO APPROVE FIRST READING. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 81 -31 RE: REQUESTING FLORIDA DEPARTMENT OF NATURAL RESOURCES REIMBURSE CITY FOR DUNE PROJECT EXPENDITURES MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION REQUESTING STATE.OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES, TO REIMBURSE THE CITY OF CAPE CANAV- ERAL, FLORIDA FOR EXPENDITURES MADE FOR THE DUNE CROSS- OVER PROJECT BY THE CITY; PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 81!-32 APPOINTMENT OF CITY TREASURER MAYOR MURHY READ THE RESOLUTION IN FULL APPOINTING PETER WITSCHEN AS CITY TREASURER. WAS AS FOLLOWS: THE TITLE OF THE RESOLUTION A RESOLUTION APPOINTING A CITY TREASURER; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTION NO.'81 -33 RE: CATAMARAN ACCESS ON BEACH MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ESTABLISHING OCEAN ACCESS FOR CATAMARANS AT WASHINGTON AVENUE; PROVIDING A LAUNCHING AREA; PRO- VIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MAYOR MURPHY EXPLAINED THAT A REQUEST FOR CATAMARAN ACCESS WAS INITIATED BY THE CATAMARAN ASSOCIATION WHO CAME TO THE CITY COUNCIL A FEW WEEKS AGO WITH THEIR PROBLEM OF NOT BEING ABLE TO : GET TO THE BEACH TO LAUNCH. THE COUNCIL HAD DECIDED TO PRO- VIDE THEM WITH THE ACCESS ON A TRIAL BASIS. MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO: 81 -34 RE: CUT-OFF FEES FOR SEWER COST PLUS BASIS MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED A RESOLUTION ESTABLISHING FEES FOR PLUGGING OF THE SEWER LINE BY THE CITY OF CAPE CANAVERAL, FLORDIDA; PRO- VIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. RESOLUTION NO. 81 -35 RE: BEAUTI COUNCIL MINUTES 5 -19 -81 PAr- F,.._2 nE_ 6_ _iC__ AT_T_Ar_T-T m_F_rTmc.___ v MICROFILMED 4.15.85 MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING SALLY PHILLIPS TO THE BEAUTIFICATION BOARD. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE. MRS:. CALVERT MOVED FOR ADOPTION. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, MAYOR MURPHY ADDRESSED THE BEAUTIFICATION BOARD MEMBERS PRESENT•IN THE AUDIENCE. MRS. LAMORETTE REPORTED TO COUNCIL THAT THE COUNTY AGENT HAD SUGGESTED THAT,, DUE TO THE LACK OF RAIN, THE BOARD WAIT UNTIL LATER IN THE SUMMER BEFORE ACCEPTING THE 100 TREES WHICH HAD BEEN PROMISED TO THEM. DISCUSSION FOLLOWED ON THE SUBJECT OF SENDING OUT NOTICES WITH THE CITY'S MONTHLY BILLING TO ADVISE CITIZENS THAT THE TREES WOULD BE AVAIL -- ABLE. IT WAS SUGGESTED THAT A NOTICE BE SENT OUT WITH THE JULY 1 BILLS IN ORDER TO GIVE CITIZENS TIME TO DECIDE WHERE THEY MIGHT USE THE TREES. MAYOR MURPHY REQUESTED THAT THE BOAR6 CONTACT THE CITY MANAGER REGARDING THE SENDING OF THE NOTICE.. ITEM 7. MOTION RE: 'BILLING FOR ERNESTINE BUTTE MAYOR MURPHY EXPLAINED THAT ERNESTINE BUTTE HAD RECENTLY RECEIVED A BILL FROM THE CITY FOR $200 FOR REPAIR OF A SEWER LATERAL AND-$4.50 FOR PHOTO COPIES. AFTER RECEIVING THE BILL, MRS. BUTTE INFORMED THE CITY THAT SHE HAD ALREADY PAID THE TWO RTT.T:S AND PRODUCED TWO INVOICES WHICH HAD BEEN MARKED PAID. MAYOR MURPHY MOVED THAT MRS. BUTTE'S BILL FOR INSTALLATION OF SETTER `LATERAL FOR $200 AND THE $4.50 FOR THE COPIES WHICH WERE MARKED PAID BE REFLECTED AS PAID ON THE CITY'S RECORDS. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. MOTION RE: BUDGET TRANSFERS COUNCIL HAD BEFORE THEM SUGGESTED BUDGET TRANSFERS WHICH HAD BEEN SUBMITTED BY THE CITY MANALGER AT THE LAST WORKSHOP. MAYOR MURPHY QUESTIONED THE AMOUNT WHICH THESE TRANSFERS WOULD TAKE FROM THE GENERAL CONTINGENCY FUND. -CITY MANAGER WITSCHEN''iINFORMED THE COUNCIL THAT THE TOTAL FROM GENERAL CONTINGENCY WOULD BE $300, PLUS $100 FOR THE BEAUTIFICATION BOARD WHICH WOULD HAVE TO BE CONSIDERED UNDER THEE'- PARTICULAR TRANSFERS AS IT WAS AUTOMATIC AND IT WAS DISCUSSED AT THE WORKSHOP. MAYOR MURPHY MOVED THAT THE BUDGET TRANSFERS ON THE CITY MANAGER'S LIST BE MADE. MR. LEE SECONDED COUNCIL MINUTES 5- 19 -81- P11GE 3_ QF 6 & A HMENT T MOTION. MOTION CARRIED UNANIMOUSLY. SUBJECT BUDGET TRANSFER LIST IS ATTACHED TO THE MINUTES FOR THE RECORD. ITEM 9. MOTION RE:* USE OF CITY VEHICLES CITY ATTORNEY SCOTT REQUESTED THAT THE COUNCIL FORMALLY DELEGATE TO THE CITY MANAGER THE RESPONSIBILITY OF FORMULATING VEHICLE POLICY SO THAT IT WOULD BE CLEARLY DEFINED IN THE MINUTES AS BEING UNDER THE CITY MANAGER'S AUTHORITY- MR. LEE MOVED THAT THE CITY MANAGER BE AUTHORIZED TO POLICE THE.USE OF CITY VEHICLES. MRS. CALVERT SECONDED MOTION.. MOTTO CARRIED UNANIMOUSLY. ITEM 10. MOTION RE 'a AUTHORIZATION TO HIRE' 'CODE ENFORCEMENT OFFICER MAYOR MURPHY EXPLAINED THAT THE CITY MANAGER HAD PROPOSED TO COUNCIL AT THE WORKSHOP MEETING THAT THE CITY HIRE: A CODE ENFORCE - MENT OFFICER. MR. WITSCHEN HAD SUGGESTED THAT THIS OFFICER BE USED TO CHECK ON OCCUPATIONAL LICENSES, AREAS OF THE ZONING CODE ETC. HE FURTHER EXPLAINED THAT THIS POSITION WOULD BE'A 32- -HOUR, 4 —DAY WEEK POSITION WHICH WOULD BE SUBJECT TO REVIEW OF THE COUNCIL AT THE NEXT 1981 -82 BUDGET YEAR. MR. RUTHERFORD MOVED TO HIRE A CODE ENFORCEMENT OFFICER FOR A 32 --HOUR WEEK TO BE REVIEWED AT THE END OF THE BUDGET YEAR. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 11. MOTION IW-." ' AUTHORI`Z•ATION TO 8ID 'ON VEHICLES MAYOR MURPHY MOVED TO AUTHORIZE SOLICITING FOR BIDS ON A VEHICLE NOT TO EXCEED $5,000 FOR A SUB—COMPACT, MR.. RUTHERFORD SECONDED MOTION. MOTION.CARRIED UNANIMOUSLY.. MAYOR MURPHY REQUESTED THAT THE BID OPENING BE SET FOR 3 :00 P.M. ON MONDAY PRIOR TO THE NEXT COUNCIL MEETING. ITEM 12. ' MOTION RE`:— ' AUTHOR- 1`9ATION T - ADVERTISE FOR PUBLIC HEARINGS' ON VACATION OF RI "GHT` — 'OF— Li7AY 'RE m$TS ATTORNEY SCOTT EXPLAINED TO COUNCIL THAT THE CITY HAD TWO REQUESTS TO VACATE PORTIONS OF THE RIGHT —OF -WAY FOR BANANA RIVER EXTENSION, HOWEVER, BEFORE THE CITY COUNCIL COULD COMPLY WITH THE REQUESTS FOR VACATION, THE PUBLIC HEARINGS HAD TO BE ADVERTISED. MR. LEE MOVED TO AUTHORIZE THE ADVERTISING OF THE PUBLIC HEARINGS. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 5 -19 -31 PAGE 4 OF 6 & ATTACHMENTS MICROFILMED 4 -15 -85 AT THIS TIME, CITY MANAGER WITSCHEN REQUESTED THAT COUNCIL CLARIFY IN THE MINUTES TWO ITEMS THAT WERE NOT GIVEN FORMAL BACK UP IN ORDER THAT THE ITEMS ON THE BUDGET TRANSFER MOTION READ PROPERLY. THE FIRST ITEM WAS A TRANSFER TO COVER THE SALARY OF THE CODE ENFORCEMENT OFFICER FROM THE GENERAL CON- TINGENCY; SECOND ITEM WAS BUILDING IMPROVEMENTS FROM GENERAL CONTINGENCY. DISCUSSION FOLLOWED ON THE BUILDING IMPROVEMENT ITEM. IT WAS DECIDED TO DELAY BUILDING IMPROVEMENTS. MRS. CALVERT MOVED THAT $3,000 BE TRANSFERRED FROM THE CONTINGENCY FUND TO THE SALARY ACCOUNT FOR THE CODE ENFORCE*r:___, MENT OFFICER. MR. LEE SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. SUBJECT TRANSFER WILL BE A SALARY IN THE BUILDING DEPARTMENT. ITEM 13. MOTION; -RE- 4` DE'S- IGNA`TING CC`ITY- ..CLERK AS CITY AUDITOR FOR THE PURPOSE OF* D SPO fX-a 0 ORDS MAYOR MURPHY MOVED TO DESIGNATE MRS. BEAULIEU AS THE CITY . AUDITOR FOR THE PURPOSE OF DISPOSING OF RECORDS AFTER THEY ARE MICROFILMED, MR, RUTHERFORD SECONDED 'MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MR. WITSCHEN REPORTED TO COUNCIL ON HIS TRIP TO TALLAHASSEE WITH THE BREVARD DELEGATION AND THE MEETING WITH THE LT. GOVERNOR AND DEPARTMENT OF ENVIRONMENTAL REGULATION. THE CITY MANAGER INFORMED COUNCIL THAT HE COULD SEE NO IMMEDIATE RELAXING OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION STANDARD'S FOR SECONDARY TREATMENT OF WATER AND SEWER AND HE FELT THAT THIS SHOULD "NOT ALTER THE TRACT THAT THE CITY WAS TAKING WITH THE TYPE OF TREAT- MENT THEY ARE PURSUING WITH BRILEY, WILD AND ASSOCIATES. MR. LEE QUESTIONED THE STATUS OF THE BLOCKING IN THE WINDOWS AT THE POLICE DEPARTMENT. CITY MANAGER REPORTED THAT CAPTAIN JACKSON REQUESTED THAT THE WINDOWS NOT BE BLOCKED UP. ATTORNEY SCOTT ADVISED COUNCIL THAT THE CITY HAD RECEIVED THE INDEMNIFICATION AGREEMENT FROM LEASCO REGARDING THE OCEAN CLUB PROPERTY. MR. ED RODY DISCUSSED A SIGN ON ADAMS AVENUE WHICH SEEMED TO HAVE BEEN TORN DOWN AND ANOTHER PROBLEM HE FELT THE CITY SHOULD LOOK INTO REGARDING THE NECESSITY FOR A 4 -WAY STOP SIGN AT THE ROSALIND AND ADAMS INTERSECTION. MR. WITSCHEN TO LOOK INTO THE r i J COUNCIL MINUTES 5 -19 -81 PAGE 5 OF 6 & ATTACHMENTS Y ti • �i J r • i f r l k. 4 -WAY STOP SIGN WITH THE SHERIFF'S DIVISION. A CITIZEN IN THE AUDIENCE REQUESTED THAT A STREET LIGHT BE INSTALLED AT THE CORNER OF WASHINGTON AND 401. MR. WITSCHEN TO LOOK INTO THIS. THERE BEING NO FURTHER BUSINESS® MEETING ADJOURNED AT 9:00 P.M. APPROVED THIS 2 DAY OF - JTINR .1 1981. A 0 ""1 ` -11 �• • s �0 wz COUNCIL MINUTES 5-19 -81 PAGE 6 OF 6 & ATTACHMENTS I In order to properly adjust the 1980 -81 budget, the following budgetary adjustments are required, Be advised that wherever possible I have opted to makeup any deficit balances with the department or division. Tofi n-i t^ Tr�r�� for Frrvrrt - R�'1 +�rinn '�'F1 -esv� Tr�v4e.�nv R 001"'M'55 .. Leg,. Audit Elections Travel & 001- 511 -32- $1240.00 $887.30 Schools $352.70 0 Admin. - 001 -513 -5 .Equipment Main Unemployment 001 -513 -462. $ 398.36 $1550.00 $1151.64 001- 513 -45 061-513-511 Dues & Mis. General Insurance'General 001- 513 -54 233.52 .$283.00 Su lies V50 ., 00 $ 199.48 . Awaiting answer on breakdown Pension from MONY 001- 513 -221 $10,8.47.99 Street Administraticn Law'- City 001 -514 -991 Manes g er. Fund Contingency ° 001 - 514 -9910 $6,648.65 $6,648.65 0 Planning & Zoning . - 001- 515 -313 Master Zoning Engineering Fees 001- 515 -312 $1,106.57 $1,106.57 0 0 001-522--524 Motor Fuels Fire Contingency 001 - 522 -524 $ 480.00 $ 480.60 0 Memberships & 001- 522 -524 Dues Fire Contingency 001- 522 --54 93.00 $ 93.00 0 Building Dept. 001- 584 -99 Miscellaneous General Contingency 001 -524 -495 $ 222.36 $ 300.00 $ .77.64 Memberships & 001- 524 -55 Dues- Mileage & Travel. 001 - 524 -54 $ 2.50 $ 50 (ATTACHMENT TO C iTnTCII, . 0 :_.; IINTJTES. :OF St-19 nl) '* .. 77 Deficit Transfer From - Balance After Transfer Additionally, I will have 'budgetary adjustment requests under a separate cover to fund projected line item storages in the 'Garbage,* Utility, Beautification Board,.Sewer_Fund and few new program requests. Peter Witschen City Manager ATTACHMENT TO COUNCIL MINUTES OF 5 -19 -81 Street Dept. 001- 541 -463 Physicals Street Repair 001 -541 -314 $ 78.00 $ 238.'00 $ 160.00 001-541-463 Supplies Street Repair 001- 541 -521 $154.24 $ 200.00 $ 45.76 Parks & Play- grounds General.. 001- 572 -461 Insurance' Grounds & Ball Maint. 001- 572 -45 $ 33.32 $ 33.32 0 Equipment, 001- 572 -461 Maint. & Repair Grounds & Ball Maint. 001 -572 -462 $ 44.11 $ 44.11 _. 0 ........ .. . Additionally, I will have 'budgetary adjustment requests under a separate cover to fund projected line item storages in the 'Garbage,* Utility, Beautification Board,.Sewer_Fund and few new program requests. Peter Witschen City Manager ATTACHMENT TO COUNCIL MINUTES OF 5 -19 -81 May 13, 1981 To: Mayor and Council Transfer Request: Sewer Utility The following budget adjustments are required to eliminate present credit balances: Deficit Account Transfer Froiri Bai- afn:ce 'Aft'er, Tr,&nsfer Audit Expense Contingency $350.00 $350.00 401= 525 -32 401- 525 -99 0 Miscellaneous Contingency $376.50 $500.00 $123.50 401- 525 -495 401- 525 -99 Capital Items Contingency $2188.03 311.97 $2500.00 401 -525 -633 401 - 525 -99 ATTACHMENT TO COUNCIL MINUTES OF 5 -19 -81 May 13, 1981 To: Mayor and Council Transfer Request.- Recreation Complex The following budget adjustments are required to eliminate present .credit balances: Deficit Account Txanster 'From Balance After ..... Tran gfee 402- 572 -495 402 - 572 -99 Dues Contin ericy Fund, $10.68 150.00 $ 39.32 402 -572 -4951 $52.50 402 - 572 -99 Contin ency Fund 52.50 .. .I.. .... .....0.. ATTACHMENT TO COUNCIL MINUTES OF 5 -19 -81 • May 13, 1981 To: Mayor and Council Transfer Request.- Recreation Complex The following budget adjustments are required to eliminate present .credit balances: Deficit Account Txanster 'From Balance After ..... Tran gfee 402- 572 -495 402 - 572 -99 Dues Contin ericy Fund, $10.68 150.00 $ 39.32 402 -572 -4951 $52.50 402 - 572 -99 Contin ency Fund 52.50 .. .I.. .... .....0.. ATTACHMENT TO COUNCIL MINUTES OF 5 -19 -81