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Home My WebLink About10-06-1981 Regular MeetingREGULAR MEETING CITY COUNCIL OCTOBER.6, 1981 MICROFILMED 4.15.85 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON OCTOBER 6, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR J..L. MURPHY, JR. AT 7033 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS J. CALVERT, P. LEE AND W. RUTHERFORD; CITY ATTORNEY J. SCOTT, CITY MANAGER P. WITSCHEN, CITY CLERK P. BEAULIEU -AND SGT. AT ARMS J. MANNIS. MRS. L-BOYD WAS ABSENT DUE TO OUT OF TOWN BUSINESS. MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF; THE REGULAR MEETING OF SEPTEMBER 15 AND SPECIAL MEETINGS OF SEPTEMBER 29 AND OCTOBER 1. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ORDIN.ANCE`NQ.'j7 -81 REz AMENDING ARTICLE XX, SECTION 8, CITY CHARTER, INTEREST RATES (SECOND.READING AND PUBLIC HEARINGi MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ARTICLE XX, SECTION 8, OF THE CHARTER OF.THE CITY OF CAPE CANAVERAL, FLORID, PER- TAINING TO THE MAXIMUM ALLOWABLE INTEREST RATE, BY PROVIDING A NEW MAXIMUM ALLOWABLE INTEREST RATE; RE- PEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. A TYPOGRAPHICAL ERROR WAS CORRECTED BY ADDING THE FOLLOWING PHRASE, "IS HEREBY AMENDED TO READ" BETWEEN THE SECOND PARAGRAPH AND THE THIRD PARAGRAPH IN SECTION 1. MR. LEE MOVED TO APPROVE SECOND READING. MAYOR MURPHY SECONDED MOTION. DISCUSSION FOLLOWED REGARDING THE FACT THAT THE ORDINANCE, SET THE INTEREST RATE AS THE PREVAILING INTEREST RATE FATHER THAN SET A DEFINITE CAP. MRS. CALVERT MOVED TO AMEND BY CHANGING THE WORDS:'" PREVAILING RATE" TO READ "12 PERCENT ". MR. RUTHERFORD SECONDED MOTION. AFTER FURTHER DISCUSSION, MR. RUTHERFORD MOVED TO TABLE THE ORDINANCE. MRS. CALVERT SECONDED MOTION. b MICROFILMED 4.15 -85 VOTE ON THE MOTION TO TABLE WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT AND MR. RUTHERFORD, OPPOSED MR. LEE AND MAYOR MURPHY. MOTION FAILED. VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVORF MRS. CALVERT AND MR. RUTHERFORD, OPPOSED MR. LEE AND MAYOR MURPHY. MOTION FAILED. VOTE ON THE MAIN MOTION FOR ADOPTION WAS AS FOLLOWS: IN FAVOR, MR. LEE AND MAYOR MURPHY, OPPOSED, MRS. CALVERT AND MR. RUTHERFORD. ORDINANCE NO*, 17 -81 FAILED SECOND READING. ITEM 2. ORDINANCE NO. 18 -81 RE: ROAD RESERVATIONS RIDGEWOOD AVENUE AND EAST WEST CONNECTOR ROAD SECONn�READING AND PUBLIC HEARING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE ESTABLISHING THE RIDGEWOOD AVENUE EXTENSION AND EAST /WEST CONNECTOR ROAD, ROAD RESERVATIONS; ESTABLISHING THE LENGTH OF TIME FOR THE ROAD RESERVATIONS; PROVIDING AN EFFEC- TIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MR. LEE SECONDED MOTION. MAYOR MURPHY EXPLAINED THAT THIS ORDINANCE WOULD RESERVE RIDGEWOOD EXTENSION TO THE NORTHERN PORTION OF THE CITY AS WELL AS AN EAST/ WEST CONNECTOR ROAD. A MAP DEPICTING THESE ROAD RESERVATIONS WAS ON DISPLAY AT THIS MEETING,(INCOMING LOG NO. 810377). MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY. ORDINANCE NO, 18 -81 ADOPTED ON SECOND READING. NEW BUSINESS ITEM 1. RESOLUTION NO. 81 -60 RE: INTERLOCAL AGREEMENT WITH BREVARD COUNTY BOARD OF COMMISSIONERS FOR 911 SYSTEM MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE 911 EMERGENCY PHONE SYS- TEM; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MAYOR MURPHY EXPLAINED THAT THIS ORDINANCE WOULD COMMIT THE CITY TO PROVIDE THE COUNTY WITH INFORMATION, HOWEVER, THERE WOULD BE NO COST INVOLVED. MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 81 -61 RE: APPOINTING THREE MEMBERS TO THE RECREATION BOARD MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING SANDY BUTLER, GERALD MURRAY AND NATHAN JONES TO THE RECREATION BOARD. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: CITY COUNCIL REGULAR MEETING 10 -6 -81, PAGE-2 OF 5 MICROFIL E® 4.15 -85 A RESOLUTION APPOINTING MEMBERS TO T.HE RECREATION BOARD; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM S. RESOLUTION NO. 81 -62 RE: APPOINTING MEMBER TO BOARD OF ADJUSTMENT MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING JACK MCNEELY TO THE BOARD OF ADJUSTMENT. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFEC- TIVE DATE. MRS- . CALVERT_ MOVED. 0R_ADORTION.. � RUTHERFORD... SECONDED .MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION RE: CANCER SOCIETY'S REQUEST FOR FREE USE OF TENNIS COURTS ON OCTOBER. 17, 1981 IT WAS NOTED THAT THE RECREATION BOARD HAD RECOMMENDED THE CANCER SOCIETY BE GRANTEDeFREE OF CHARGE, THE USE OF THREE TENNIS COURTS FOR THEIR TOURNAMENT. MAYOR MURPHY MOVED TO GRANT THE CANCER SOCIETY THE USE OF THREE COURTS ON OCTOBER 17, FROM 8:00 A.M. TO 7:00 P.M. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION RE: APPROVAL OF OCCUPATIONAL LICENSE TO SELL "T' SHIRTS — H. HAR,RELSON IT WAS EXPLAINED THAT THIS OCCUPATIONAL LICENSE WAS FOR SELLING "T" SHIRTS IN BUSINESSES IN THE CITY. MAYOR MURPHY MOVED TO GRANT THIS LICENSE TO HEIDE HARRELSON. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION RE: APPROVAL OF OCCUPATIONAL LICENSE TO SELL JEWELRY DOOR TO DOOR — W.M. EDWARDS DISCUSSION FOLLOWED ON THE REQUEST TO SELL DOOR TO DOOR �. JEWELRY. NO MOTION ON THIS ITEM. ITEM 7. MOTION RE: PERMISSION TO ADVERTISE BID FOR SEWER DEPARTMENT VEHICLE IT WAS POINTED OUT THAT THIS VEHICLE WAS A FULL RESPONSE TRUCK WHICH HAD BEEN INCLUDED IN THE 1981 -82 BUDGET. MAYOR MURPHY MOVED TO ADVERTISE FOR THIS VEHICLE. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CITY COUNCIL REGULAR MEETING 10 -6 -81 PAGE 3 OF 5 ITEM 8. MOTION RE: WAIVER OF $100 FILING FEE FOR VARIANCE - T. SOUTHERN MAYOR MURPHY READ A LETTER FROM MR. SOUTHERN REQUESTING A FEE WAIVER FOR HIS VARIANCE. MR. SOUTHERN WAS IN ATTENDANCE TO EXPLAIN HIS REASON FOR THE REQUEST. MAYOR MURPHY INFORMED MR. SOUTHERN THAT THAT THE REASON FOR THE VARIANCE FEE WAS TO COVER SOME OF THE COSTS INCURRED BY THE CITY FOR BOARD OF ADJUSTMENT CASES. MO MOTION ON THIS ITEM. ITEM 9. MOTION RE: SALARY ADJUSTMENTS MAYOR MURPHY EXPLAINED THAT COUNCIL HAD RECEIVED A MEMORANDUM FROM THE CITY MANAGER RECOMMENDING A 4 PERCENT SALARY ADJUSTMENT DUE TO INEQUITIES IN PAY FOR THREE INDIVIDUALS, WHICH WOULD BE IN ADDITION TO THE 10 PERCENT ACROSS THE BOARD INCREASE APPROVED IN THE BUDGET FOR ALL POSITIONS. (ATTACHED TO THE MEMORANDUM WAS A FOURTH "SALARY CHANGE NOTICE" FOR DEPARTMENT HEAD KEN - BORING WITH THE ACROSS THE BOARD 10 PERCENT RECOMMENDATION) MR. RUTHERFORD MOVED TO ACCEPT THE RECOMMENDATIONS, MOTION FAILED FOR LACK OF A SECOND. MAYOR MURPHY MOVED TO GRANT THE 4 PERCENT SALARY ADJUSTMENTS DUE TO THE INEQUITY IN THE PAY SCALES FOR THE THREE POSITIONS MR. WITSCHEN HAD IDENTIFIED. MRS. CALVERT SECONDED MOTION. MR. WITSCHEN NOTED THAT ALL OF THE OTHER EMPLOYEES HAD BEEN GRANTED THE BUDGETED SALARY INCREASES.EXCEPT THESE DEPARTMENT HEADS. IT WAS NOTED THAT THE THREE POSITIONS MENTIONED IN THE MEMO WERE RECREATION DIRECTOR, SUPERINTENDENT OF WASTEWATER TREATMENT PLANT AND THE CITY CLERK. MAYOR MURPHY EXPLAINED THAT HIS MOTION WOULD DEFER THE 10 PERCENT FOR ALL POSITIONS THAT THE CITY MANAGER REFERRED TO UNTIL LATER INTO THE BUDGET YEAR. VOTE ON THE MOTION ON THE FLOOR WAS UNANIMOUS. ATTORNEY SCOTT BROUGHT UP THE SUBJECT OF THE SHERIFF'S CONTRACT WHICH HAD BEEN SIGNED RECENTLY AND EXPLAINED THAT THERE WAS A NEED TO CONSIDER AN ADD ON ITEM IN ORDER TO APPROVE ADDITIONAL LANGUAGE IN PARAGRAPH 91 FINES AND FORFEITURES, OF THE CONTRACT. DISCUSSION FOLLOWED ON THIS SUBJECT. IT WAS SUGGESTED THAT THIS BE CLARIFIED BEFORE COUNCIL'S NEXT MEETING. CITY MANAGER WITSCHEN BROUGHT UP THE SUBJECT OF THE COUNCIL'S CITY COUNCIL REGULA§ MEETING 10 -6--81f PAGE A OF • UPCOMING OCTOBER 8 WORKSHOP MEETING AND REQUESTED THAT COUNCIL CON SIDER MAKING IT POSSIBLE TO HAVE A SPECIAL MEETING IN ORDER TO TAKE FORMAL ACTION, IF NECESSARY, ON THE SUBJECT OF THE SEWER PLANT EX- PANSION. DISCUSSION FOLLOWED. DISCUSSION-FOLLOWED ON THE NEED FOR SUCH A MEETING AFTER THE SPECIAL WORKSHOP AND ALSO ON THE POSSIBLE NEED TO CONSIDER ORDINANCE NO. 17 -81 AGAIN. MR. RUTHERFORD MOVED TO RECONSIDER ORDINANCE NO. 17 -81. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS POINTED OUT THAT THIS ORDINANCE COULD BE ACTED UPON AFTER THE WORKSHOP MEETING IF THIS EVENINGS MEETING WERE TO BE CONTINUED OR RECESSED. MAYOR MURPHY MOVED TO RECESS THIS MEETING UNTIL AFTER THE THURSDAY WORKSHOP. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MEETING RECESSED AT 9:15 P.M. UNTIL AFTER THE OCTOBER 8, SPECIAL COUNCIL WORKSHOP MEETING. APPROVED THIS o)O DAY OF , 1981 CITY COUNCIL REGULAR MEETING 10 -6 -81 PAGE 5 OF 5