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HomeMy WebLinkAbout09-01-1981 Regular Meeting9 .r REGULAR MEETING CITY COUNCIL SEPTEMBER 1, 1981 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON SEPTEMBER 1, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR J.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. HOMER. MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF AUGUST 18 A14D AUGUST 20. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. RESOLUTION NO',.' '81-49' 'RE: 1981 -82' BUDGET PUBLIC HEARING RE' :: - M VENUE SH' ING MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ADOPTING THE ANNUAL GENERAL FUND BUDGET, ANNUAL SANITARY SEWER BUDGET AND ANNUAL RECREATION COMPLEX BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOON. COUNCIL HAD BEFORE THEM A COPY OF THE 1981 -82 PROPOSED BUDGET AS REVISED BY THE CITY MANAGER SINCE THE BUDGET WORKSHOP OF AUGUST 27. MAYOR MURPHY REVIEWED THE REVENUE AND APPROPRIATION LINE ITEM REVISIONS. IT WAS POINTED OUT THAT THESE MODIFICATIONS REDUCED EXPENSES OVER REVENUES IN AN AMOUNT OVER $3,000. APPROXIMATELY 65 CAPE CANAVERAL CITIZENS WERE IN ATTENDANCE AND HAD BEEN PROVIDED WITH COPIES OF THE PROPOSED BUDGET WHICH DES- IGNATED FEDERAL REVENUE SHARING FOR POLICE SERVICES IN THE AMOUNT OF $41,895, IN ADDITION REVENUES OF $750 FROM THE POLICE TRAINING ESCROW FUND WERE DESIGNATED IN THE BUDGET TO BE SPENT FOR SHERIFF'S DEPARTMENT POLICE TRAINING. AT THIS TIME CITY MANAGER WITSCHEN SOLICITED COMMENTS FROM THOSE IN ATTENDANCE REGARDING THE REVENUE SHARING FUND ALLOCATION. THERE WERE NO COMMENTS ON THIS SUBJECT FROM THOSE ATTENDING THE PUBLIC HEARING. DISCUSSION FOLLOWED BETWEEN COUNCIL MEMBERS REGARDING THE FACT MICROFILMED 4.15 -85 THAT LIFEGUARD SERVICES ALLOCATION HAD BEEN DELETED. MRS. BOYD MOVED TO AMEND THE PROPOSED BUDGET BY $1,650 TO ALLOW FOR LIFEGUARD SERVICES. MRS. CALVERT SECONDED MOTION. VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MRS. CALVERT AND MR. RUTHERFORD, OPPOSED, MR. LEE AND MAYOR MURPHY. AMENDMENT CARRIED. VOTE ON THE MAIN MOTION TO ADOPT THE 1981 -82 BUDGET WAS AS y FOLLOWS.. IN FAVOR, MRS. BOYD, MRS, CALVERT, MR. LEE AND MR. RUTHERFORD, OPPOSED4 MAYOR MURPHY, MOTION CARRIED, ITEM 2. RESOLUTION NO`. B'1' -a50' SHERIFF'S' CONTRACT Y " MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH THE SHERIFF OF BREVARD COUNTY, FLORIDA, TO PROVIDE POLICE SER- VICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PRO - VIDING AN EFFECTIVE DATE, MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MAYOR MURPHY REVIEWED THE TERMS OF THE CONTRACT. IT WAS NOTED BY MR. WITSCHEN THAT THE BASE CONTRACT WAS $305,437 WITH $71200 CONTINGENCY FOR' THE USE OF ONE NIGHT SERGEANT PENDING REVIEW OF THE PERFORMANCE OF THE SHERIFF'S DEPARTMENT. VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR, MRS, BOY'D, MRS, CALVERT, MAYOR MURPHY AND MR. RUTHERFORD, OPPOSED, MR. LEE, MOTION CARRIED. NEW BUSINESS ITEM 1. 'AD VALOREM TAX REFERENDUM FOR NOVEMBER ',' '].9' '1' E'LECTI'ON FIRST READING) MAYOR MURPHY READ THE TITLED OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA A REFERENDUM QUESTION PROPOSING AN AD VALOREM TAX LEVY ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA FOR THE OPERA- TION OF THE GENERAL FUND OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED TO PLACE THIS ORDINANCE ON THE FLOOR, MR. LEE SECONDED MOTION, COUNCIL MEMBERS AND MEMBERS IN THE AUDIENCE DISCUSSED THE AD VALOREM TAX QUESTION. MR, FRANK HOOG REQUESTED THAT HE GO ON RECORD IN FAVOR OF THE TAX INCREASE FOR THE CITY'S POLICE DEPARTMENT. MAYOR MURPHY MOVED TO AMEND BY SAYING THAT THE AD VALOREM TAX WOULD BE FOR THE OPERATION OF THE POLICE DEPARTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA. MOTION FAILED FOR LACK OF A SECOND. COUNCIL MINUTES 9 -1 -81 PAGE 2 OF 5 & ATTACHMENTS MICROFILVIED 4-15-85 UPON ROLL CALL VOTE, THE FIRST READING OF ORDINANCE NO. 15 -81 FAILED UNANIMOUSLY. ITEM 2. RESOLUTION NO-. '81--51* RE:- ESTABLISHING LANGUAGE FOR NOVEMBER REFERENDUM BALLOT QUESTION MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ESTABLISHING THE LANGUAGE FOR THE PROPOSED AMENDMENT TO ARTICLE III, SECTION 4, OF THE CHARTER OF CAPE CANAVERAL, FLORIDA, TO BE PLACED ON THE NOVEMBER 3, 1981, REFERENDUM; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION No* *: '8,1 -52' RE : APPOINTMENT OF ALTERNATE MEMBER TO BOARD' OI' ADJUSTMENT MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING WILLIAM WINCHESTER TO THE BOARD OF ADJUSTMENT. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A SECOND ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVID'I'NG AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTION'NO.' 81'-53 RE': FACILITY USE AGREEMENT WITH BREVARD COMMUNITY COLLEGE MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH BREVARD COUNTY COMMUNITY COLLEGE FOR THE USE OF RECREATION FACILITIES WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MRS..BOYD MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO'. 81-54 RE: SETTING MILLAGE MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ESTABLISHING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1981 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. RESOLUTION NO. 81 -55 RE: CONTRACT FOR CITY ATTORNEY'S SERVICES MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH JOSEPH W. SCOTT TO PROVIDE LEGAL SERVICE TO THE CITY OF CAPE CANAVERAL, FLORIDA; PRO- VIDING AN EFFECTIVE DATE, COUNCIL MINUTES 9 -1 -81 PAGE 3 OF 5 & ATTACHMENTS 1 MICROFILMED 4.15.85 MRS. CALVERT MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. MOTION RE: AUTHORIZATION TO ADJUST SEWER ACCOUNT 2-95-62 CITY MANAGER WITSCHEN EXPLAINED THAT THIS ITEM INVOLVED A LEAK IN THE LINE AT THE MISSLEVIEW LODGE FOR THE MONTH OF JUNE. THE SEWER BILL WAS $180.00 UP FROM AN AVERAGE BILL OF $26.75 DUE TO THE LEAK. MR. WITSCHEN- RECOMMENDED THAT THE SEWER BILL BE PRO RATED BASED ON THE AVERAGE 12 MONTHS BILL AND THAT ANY COSTS INCURRED FOR NON PAYMENT OF THE BILL BE PAID. THE'CTTY MANAGER EXPLAINED THAT A LETTER WAS ON FILE EXPLAINING THE CIRCUMSTANCES (INCOMING LOG #81052). MAYOR MURPHY MOVED TO AUTHORIZE ADJUSTMENT OF THE SEWER BILL. MRS. CALVERT SECONDED NOTION. NOTION CARRIED UNANIMOUSLY. ITEM 8. MOTION RE: BUDGET TRANSFERS COUNCIL HAD RECEIVED A LIST OF 13 BUDGET TRANSFERS AT THE AUGUST 27 WORKSHOP. THREE ADDITIONAL TRANSFERS WERE SUBMITTED BY THE CITY MANAGER AT THIS MEETING. MR, WITSCHEN REVIEWED THE ADDITIONAL TRANSFERS WITH COUNCIL AT THIS TIME. MAYOR MURPHY MOVED TO APPROVE THE BUDGET TRANSFERS. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE TWO LISTS OF BUDGET TRANSFERS ARE ATTACHED TO "THESE MINUTES. ITEM 9. MOTION RE: AUDIT SERVICES DOBSON, JONES, BJERNING AND HOYMAN MAYOR MURPHY MOVED TO AUTHORIZE THE AUDIT SERVICES OF DOBSON, JONES, BJERNING AND HOYMAN. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, IT WAS EXPLAINED THAT THE AUDIT FEE' WAS $12,000. LETTER OF AGREEMENT IS ATTACHED TO THESE MINUTES. DISCUSSION MR. LEE QUESTIONED THE OUTCOME OF THE COMPLAINT BY MR. DAVID ANDERSON. IT WAS REPORTED THAT A LETTER HAD BEEN WRITTEN BY THE CITY MANAGER TO THE OWNER OF THE PROPERTY WITH NOTICE TO REMEDY THE SITUATION WITHIN 15 DAYS, MAYOR MURPHY ANNOUNCED THAT THE QUALIFYING FOR CITY COUNCIL SEATS OPENED AS OF THIS DATE. ATTORNEY SCOTT REQUESTED COUNCIL CONSIDER AN ADD ON ITEM TO DISCU$$- AN ORDINANCE REGARDING OCCUPATIONAL LICENSES. MR. RUTHERFORD MOVED TO ADD AN ITEM TO THE AGENDA. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY READ THE TITLE OF ORDINANCE NO. 16 -81 AS FOLLOWS: COUNCIL MINUTES 9 -1 -81 PAGE 4 OF 5 MICROFILMED 4 "15 -85 AN ORDINANCE AMENDING CHAPTER 721 "OCCUPATIONAL LICENSES" OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING A NEW FEE SCHEDULE AND ADDITIONAL CLARIFICATION ESTABLISHING ADMINISTRATIVE HEARINGS AND APPELLATE PROCESS; REPEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED TO APPROVE FIRST READING. MRS. BOYD SECONDED MOTION. DISCUSSION FOLLOWED BETWEEN COUNCIL MEMBERS 1 AND ATTORNEY SCOTT. MR. SCOTT POINTED OUT THAT AT THIS TIME THERE WAS NO APPEAL PROCESS IN THE EVENT THAT THE CITY REFUSES TO RENEW AN OCCUPATIONAL LICENSE. HE EXPLAINED THAT THIS ORDINANCE WOULD HAVE A c A TWO STEP PROCESS IF AN OCCUPATIONAL LICENSE WAS NOT RENEWED BY THE f i CITY. THE FIRST STEP PROBABLY WOULD BE BEFORE THE CITY MANAGER AND ` IF THIS OUTCOME WAS NOT SATISFACTORY THERE WOULD BE A RIGHT TO APPEAL TO A QUASI JUDICIAL BOARD WHICH COULD BE THE BOARD OF ADJUSTMENT, OR POSSIBLY THE CITY COUNCIL. VOTE ON APPROVAL OF FIRST READING WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MRS. CALVERT, MR. LEE AND MR. RUTHERFORD, OPPOSED, MAYOR MURPHY. MOTION CARRIED. ORDINANCE NO. 16 -81 TO BE DISCUSSED AT NEXT COUNCIL WORKSHOP. 9:23 P.M. CITY CLERK THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT APPROVED THIS DAY OF Ilk , 1981. r COUNCIL MINUTES 9-1-81 PAGE 5 OF 5 & ATTACHMENTS DOBSON, JONES,+BJERNiNG & HOYMAN ® CERTIFIED PUBLIC ACCOUNTANTS 600 East Strawbridge Avenue. Melbourne. Florida 32901 (309) 7251720 249 Magnolia Avenue • Merritt Island, Florida 32952 (309) 453 -1420 City Council City of Cape Canaveral, Florida %A, Repiyto: Merritt Island, Florida This letter is to confirm the arrangements for auditing services to be performed by our firm for the City of Cape Canaveral... We will examine the financial statements of the City of Cape Canaveral for the year ending September 30, 1981. The following funds will be included in our examination: General Fund _ Enterprise Fund - Sewer System Enterprise Fund - Recreation Facilities Special Assessment Fund - Street Paving Debt Service Fund Special Revenue Fund `a General Fixed Assets Our examination will.be made in accordance with generally accepted auditing standards and will inclue such tests of the accounting records and such other auditing Rroceduxes as we consider necessary to enable us to express an unqualified opinion on the statements. It is not contemplated that we will make a detailed examination of all "transactions such as would be necessary to disclose any defalcation or irregularities that may have occurred. We shall inform you, however, of findings that appear to be unusual or abnormal. ATTACHMENT TO COUNCIL MINUTES OF 9 --1 -81 P .l Your staff will assist us to the extent practicable iu.the completion of our engagement. They will provide us with schedules and supporting details that we deem necessary. Our fee for this examination will.be $12,000 and will be billed to you as the work progresses. It should be.understood.that circumstances may arise that will require our services to be extended. If it appears that the fee of $12,000 will be exceeded because of special circumstances, we will bring this to your attention. This engagement does not include any services not specifically stated in this letter. Additional services which you may request will be subject to separate arrangements. If this letter correctly expresses your understanding, please sign.the enclosed copy where indicated and return it to us. 03IMXG DOBSON, ESa & June 11,_1981 . APPROVED: Es J- r Title Mayor Date September 2, 1981 ATTACHMENT TO COUNCIL MINUTES OF 9 -1 -81 M E M O Date: September 1, 1981 To: Mayor and Council From: City Manager SUBJECT: ADDITIONAL TRANSFERS The following three transfer requeststshould be added to my letter of August 27, 1981: 1. Additional' Transfers to #11 Gein'eral' Insurance -t O(Yl - 513 -45 zo Due to a revision by the State legislator and after review of the 5resent policy limits, we increased our limits of liability to 200,000, on General Insurances Additionally, as discussed when the 79 Omni was purchased, an additional $265, is required to pay for the Auto Insurance through 4 =1 -82. Balanceof account after first transfer request - 0 Endorsement - $200004 General Insurance $821. fo Auto'- Endorsement, after $74.00 credit deducted. 191 Transfer - $1,012.-from 001 - 513-25 - Unemployment $1,012. to 001- 513 -45 - General Insurance 2. For the period.8 =21 -81 until such time as a permanent Building Official is selected, part -time inspectors will have to be used (please be advised that a recommendation of a possible alternative method of providing inspections, at least through November, is coming under separate cover). For now, I am recommending the transfer of $500.00 SS'Z from:001 -322 -482 - Commercial Development Board to: 001- 524 -495 -- Miscellaneous BUDGET TRANSFERS ATTACHED TO COUNCIL MINUTES OF 9 -1 -81 September 1, 1981 To: Mayor and Council SUBJECT: ADDITIONAL TRANSFERS Page Two 3. 001-- 513 -13 - Part-Time_ In order to complete the retyping of the City Code an additional. $400. is. requested. Transfea� -- $400- from: 001:-51311 Full Time Salaries to: 001 -- 513x13 r Part-,,Time Salaries 'Peter ,J.'. W en City 'Man 'age PJW - *mrb AUGUST 27, -1981 y TO: Mayor and Council FROM: City Manager, SUBJECT: TRANSFERS The following line item transfers are requested for the 1980 -81 Budget: 1. 001 - 572 -21 Parks.& Playgrounds F.I.C.A. Present Balance $2.14 Additional Amount Required Thru Sept. 30, 1981 - $50.00 Transfer $50.00 From: 001 - 572633 Parks & Playgrounds Capital Outlay To: 001 - 572 -21 2. 3, 001 -541 -463 Street Repair In order to Recurb All Areas Recently Dug Up and Overlay Them An Additional - $1,000.00 Is Requested. Transfer - $1,000:00 ' Fromm: 001 - 541 -64 Equipment To: 001 - =541 -463 001 - 524 -21 _ Building Dept. F.I.C.A. Present Balance $76.32 Cr. Additional Amount Required Thru Sept. 30, 1981 - $260.00 Transfer -s $335.00 from: 001- 524 --23 Building Dept, Group Insurance To: 001-524-21 4.- 001- 522 -12 Fire Department In addition to the transfer requested and granted back in July to cover the firemen's salaries, the position of Fire Marshal should have also been factored into my calculations. Thus, an additional $1,500 must be added to ethic account to cover his salary through this fiscal year's end. Transfer - $1,000.00 From: 001 - 541 -64 Street Dept. Equipment To: 001- 522 -12 Transfer - $ 500.00 From: 001 - 513 -25 Unemployment To: 001- 522 -12 BUDGET TRANSFERS ATTACHED TO 1 - COUNCIL MINUTES OF 9-1 -81 . e a 3 5. 001 - 522 -21 Fire Dept. F.I.C.A. Additionall, the corresponding F.I.C.A. contribution must be adjusted Transfer: $95.00 From: 001- 572 -461_ Parks & Playgrounds Maintenance To: 001- 522 -21 6. 001 -516 -495 Judical Court Collection Expense Present Balance - $376.26 Cr. Because of increased activity, the revenue and expense items are both up. Request $800.00 at this time. Dependent upon future police activity, this ,figure may need to be adjusted. Transfer: $800.00 From: 001•- 572633 Parks & Playgrounds Capital Outlay To: 001,516 -495 7. 001-521,21 Crossing Guards F.I.C.A. Present Balance: $19.54 Need: $35.00 through fiscal year's end.. Transfer 15.00 From: 001- 572 -•461 Parks & Playgroutds Maintenance To: 001 - 521 -21 8. 001-513-495 Administrative Miscellaneous With the increased number of employment ads that have had to be placed, this account requires $200.00 at this time, Transfer: $200.00 From: 001 -513 -511 Administrative General Supplies to: 001- 513 -495 Administrative Miscellaneous 9. 001 - 511 -21 Legislative F.I.C.A. Present Balance: $45.64 Require $71.00 through September 30, 1981 Transfer: $26.00 From: 001 -511 -511 Legislative Office Supplies To: 001- 511 -21 2 - 10. 001 - 511 -32 Audit Expenses Request: $245.00 $245.00 required to pay for Form 550 (Federal Em;loyee Benefit Form) preparation Transfer: $245.00 From: 001 - 541 -64 To: 001- 511 -32 11, 001- 513 -45 General Insurance Request: $50.00 $50.00 required to cover audit cost Transfer: $50.00 From: 001 - 513• -25 To: 001 - 513 --45 12. 001- 522 -64. Fire, Mach ._& Equi t, Cap. Request $670.95 or. $743.00 Money needed to purchase a.29,000 BTU Air Conditioning Unit for Fire Dept. Training Room, $679.95 figure is for Air Conditioner at Sears They only had one which might be gone before approval is given, therefore, the next lowest price we have Is - $743,00, From: 001 -522 -461 - Bldg, & Maint Acct. (Fire Dept,) To 001,522 -64 Mach, & Equipt. Cap. Acct, (Fire Dept,) 13. Please make the following transfers in the Recreation Complex budget: 402- 572 -525 Increase - $12.82 402 -572 -462 Decrease - $12:82 3 _