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Home My WebLink About08-18-1981 Regular MeetingCITY COUNCIL REGULAR MEETING AUGUST 18, 1981 MICROFILMED a. A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON AUGUST 18, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY, JR., AT 7:30 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 J. SCOTT, CITY MANAGER P. WITSCHEN, CITY CLERK P. BEAULIEU AND SERGEANT --AT —ARMS M. MAROTTA. MR. LEE MOVED TO WAIVE THE READING OF THE MINUTES OF AUGUST 4, AND AUGUST 13. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 1. ORDINANCE NO. 11 -81 AMENDING CHAPTER 547 RE: PLUMBING AND ELECTRICAL FEE SCHEDULE (SECOND READING) MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 547, BUILDING PERMIT FEES ® BY AMENDING THE SCHEDULE OF FEES CHARGED FOR PLUMBING PERMIT CHARGES, CHARGES FOR MINIMUM ELECTRICAL PERMIT, AND ELECTRICAL SERVICE CHANGES;- REPEALING ALL ORDINANCES OR SECTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. IT WAS POINTED OUT THAT THIS ORDINANCE BROUGHT THE CITY'S FEES IN LINE WITH THOSE OF THE COUNTY AND OTHER CITIES. MOTION ON THE FLOOR FOR ADOPTION, CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 12 -81 REPEALING.ORDINANCE NO. 25 -72, CHAPTER 549, RE: AD VALOREM TAX;,REPEALING ORDINANCE N0. 19 -73, CHAPTER 551 RE: INTERIM PROPRIETARY SERVICES FEES SECOND READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE REPEALING ORDINANCE NO. 25 -72, CODE CHAPTER 549 AND ORDINANCE NO. 19 -73, CODE CHAPTER 551; PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. ORDINANCE NO. 13 -81 AMENDING ORDINANCE N0. 18 79 CHAPTER 614, RE: MECHANICAL CODE PENALTY PROVISION SECOND READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CODE CHAPTER 614 OF THE CITY OF CAPE CANAVERAL, FLORIDA BY ELIMINATING SECTION 614.03 MICROFILMED 4.15.85 "PENALTY ", AND BY SUBSTITUTING A NEW SECTION 614.03 "PENALTY "; BY REPEALING ALL PORTIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR, RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. IT WAS BROUGHT OUT THAT THIS ORDINANCE BROUGHT THE PENALTY IN LINE WITH THE OTHER CODES. MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTION NO. 81 -45 RE: AUTHORIZING FINANCIAL ADVISORY SERVICES POSTPONED 8 -4 MEETING MAYOR MURPHY READ THE RESOLU'T'ION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE APPOINTMENT OF A FISCAL AGENT FOR THE SANITARY SEWER PLANT EXPANSION; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.: RESOLUTION AUTHORIZING HOUGH & COMPANY AS FISCAL AGENT FOR THE CITY WAS ADOPTED. ITEM 5. MOTION RE: SALARY ADJUSTMENTS FOR DEPARTMENT HEADS (POSTPONED 8-4 MEETING MAYOR MURPHY MOVED TO POSTPONE THIS ITEM UNTIL THURSDAY, MEETING. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ORDINANCE NO. 14 -81 RE: AMENDING OCCUPATIONAL LICENSE ORDINANCE CODE CHAPTER 721 FIRST READING) MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 721 OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING A NEW FEE SCHEDULE AND ADDITIONAL CLARIFICATION; REPEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. NO ACTION ON THIS ITEM. ITEM 2. RESOLUTION NO. 8146 RE': FIRE P'RO'TECTI'ON WITH COUNTY FOR UNINCORPORATED AREAS 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 AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO PROVIDE FIRE PROTECTION SERVICES AND EMER- GENCY RESCUE SERVICES TO CERTAIN UNINCORPORATED AREAS IN BRE- ARD.,COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE, MR. LEE MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED.UNANIMOUSLY. IT WAS POINTED OUT THAT THE AMOUNT FOR THESE SERVICES HAD INCREASED 10% OVER LAST YEAR. ITEM 3. RESOLUTION NO. 81 -47 RE: APPROVING PRELIMINARY SITE PLAN PREPARED BY COUNTY FOR CAPEVIEW PARK COUNCIL MINUTES r MOTION. 11IICROFILUTD 4 -15 -85 MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ACCEPTING PRELIMINARY SITE PLAN FOR THE CAPEVIEW PARK LOCATED IN THE CITY OF CAPE CANAVERAL? FLORIDA AS PROPOSED BY THE PLANNING DEPARTMENT OF BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MAYOR MURPHY EXPLAINED THAT COUNTY COMMISSIONER HURDLE HAD PRESENTED THE CITY WITH THE PRELIMINARY SITE PLAN AT THE THURSDAY WORKSHOP. HE ALSO INFORMED THE AUDIENCE THAT THE COUNTY HAS FUNDING FOR THE FIRST PHASE OF THE PROJECT NAMELY, THREE CROSS- WALKS AND THE BOARDWALK. A MEMBER OF THE AUDIENCE INFORMED COUNCIL THAT THE CAPE CANAVERAL BUSINESS ASSOCIATION WOULD LIKE TO WORK WITH THE COUNTY ON THIS PARK AND THEY WERE WILLING TO VOLUNTEER THEIR TIME AND SERVICES. IT WAS SUGGESTED THAT THE ASSOCIATION CONTACT COMMISSIONER HURDLE WITH THIS OFFER. MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY. ITEM 4. POLICE CONTRACT COUNCIL HAD BEFORE THEM A PROPOSED CONTRACT FOR POLICE SERVICES. MAYOR MURPHY BRIEFLY SUMMARIZED THE PROPOSED CONTRACT FOR THE BENEFIT OF THOSE IN THE AUDIENCE AS FOLLOWS: SHERIFF WOULD PROVIDE TWO PATROL CARS IN THE CITY AT ALL TIMES 24 HOURS A DAY; POLICE STATION WOULD BE OPEN EIGHT HOURS A DAY FIVE DAYS A WEER; THE TWO CARS ON DUTY WOULD BE MARKED CAPE CANAVERAL; ONE AGENT; A CONTRACT PRICE OF $305,437 AND SUPERVISION WOULD BE OUT OF ROCKLEDGE. DISCUSSION FOLLOWED BETWEEN COUNCIL AND CAPE CANAVERAL CITIZENS IN THE AUDIENCE REGARDING THE LEVEL OF POLICE PROTECTION IN THIS CONTRACT AND ALSO THE CITY RETURNING TO THEIR OWN POLICE PROTECTION SERVICES. MR. LEE MOVED TO CUT THE LENGTH OF THE CONTRACT TO SIX MONTHS AND RE- NEGOTIATE WITH THE SHERIFF. MRS. BOYD SECONDED MOTION. DISCUSSION FOLLOWED. MR. LEE INFORMED COUNCIL THAT HE WOULD LIKE TO SEE THE STATION OPEN 24 HOURS; FIRE DEPARTMENT DISPATCHING DONE IN THE CITY AND POSSIBLY CONSIDER ANOTHER NIGHT -TIME DEPUTY. MRS. BOYD MOVED TO RE- NEGOTIATE BY OFFERING THE SHERIFF $390,000. MOTION FAILED FOR LACK OF A SECOND. VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS; IN FAVOR, MR. LEE AND MAYOR MURPHY, OPPOSED, MRS. BOYD, MRS. CALVERT AND MR. COUNCIL MINUTES RUTHERFORD. MOTION FAILED. 8 -1& -81 PAGE 3 f MICROFILMED 4�3.58 MR. RUTHERFORD MOVED TO DISCUSS THE POLICE CONTRACT AFTER THE BUDGET REVIEW AT THE THURSDAY MEETING. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION RE7 :� ESTABLISHING DATE FOR CONDUCTING PUBLIC HEARING FOR DETERMINATION 'OF' PUBLIC NUISANCE AT 6 50 NORTH ATLANTIC AVENUE- WILMA'S 'CATERING BUILDING MAYOR MURPHY MOVED TO SET THE PUBLIC HEARING ON THE PUBLIC NUISANCE FOR THE SECOND COUNCIL MEETING IN SEPTEMBER. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING REGARDING THE PUBLIC NUISANCE WAS SET FOR TUESDAY, SEPTEMBER 15. MR. LEE MOVED TO ADD AN ITEM TO THE AGENDA, MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY EXPLAINED THAT THE ADD ON ITEM WAS TO AUTHORIZE PAYMENT TO CEVESCO FOR A WATER LINE. MAYOR MURPHY READ THE RESOLUTION TN FULL ENTITLED: RESOLUTION NO. 81 ^48 A RESOLUTION AUTHORIZING PAYMENT TO CEVESCO INC,, FOR WATER LINE TO SEWER PLANT AS A SOLE SOURCE PURCHASE; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. MR. LEE MOVED TO CONTINUE THIS MEETING TO AUGUST 20 TO CONSIDER THE BUDGET AND POLICE CONTRACT, MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT 10:00 P.M. MEETING WAS CONTINUED TO AUGUST 20, 1981 7:30 P.M. COUNCIL MINUTES 8 -18 -81 PAGE 4