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Home My WebLink About12-01-1981 Regular and Workshop Meeting< df MICROFILMED 4 -15-85 REGULAR MEETING & WORKSHOP MEETING CITY COUNCIL DECEMBER 1, 1981 A REGULAR MEETING AND WORKSHOP MEETING OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA WAS HELD ON DECEMBER 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 :32PM, IT WAS EXPLAINED THAT THIS MEETING WAS A WORKSHOP AND REGULAR MEETING OF COUNCIL DUE TO THE CANCELLATION OF THE REGULARLY SCHEDULED MEETING WHICH FELL ON THANKSGIVING. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR J. L. MURPHY, JR., COUNCIL MEMBERS J. CALVERT, W.C. NICHOLAS,AND W. RUTHERFORD; CITY ATTORNEY J. SCOTT, CITY CLERK P.J. BEAULIEU. MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES FOR NOVEMBER 17 & 19, 1981. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. RESOLUTION NO. '81-74 RE :' ESTABLISHING PUBLIC HEARING DATE AND AUTHORIZING ADVERTISING RE: VACATING E W PORTION OF BOOTH COURT. MAYOR MURPHY READ THE RESOLUTION.IN FULL ENTITLED: RESOLUTION NO. 81-74. A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC-11-TEARING FOR THE VACATION OF THE EAST -WEST PORTION OF BOOTH COURT; AUTHORIZING CITY CLERK TO ADVERTISE SUCH PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED :2OTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 81 -75 RE:-ELECTING COUNCIL MEMBER TO' FILL VACANT. 'SEAT. MAYOR MURPHY EXPLAINED THAT THIS ITEM WAS CARRIED OVER FROM THE LAST MEETING AND COUNCIL HAD A RESOLUTION, HOWEVER, IT WOULD MEAN CHOOSING A NAME TO PLACE IN THE RESOLUTION. MAYOR SOLICITED COMMENTS BEFORE CALLING THE QUESTION, AND REMINDED COUNCIL IT WOULD TAKE THREE VOTES TO EP?TER A NAME IN THE RESOLUTION. THE FOUR NAMES UNDER CONSIDERATION FOR THE ELECTION . TO THE VACANT COUNCIL SEAT WERE AS FOLLOWS: EDGAR BRISSON DONALD GRAINGER DAVE NEWSON ANN THURM A ROLL CALL VOTE WAS TAKEN WITH THE FOLLOWING RESULTS: CALVERT THURM MURPHY NEWSON NICHOLAS NEWSON RUTHERFORD THURM A SECOND ROLL CALL VOTE WAS TAKEN WITH THE FOLLOWING RESULTS: CALVERT GRAINGER MURPHY BRISSON NICHOLAS NEWSON RUTHERFORD GRAINGER AT THIS TIME LINDA HARRIS REQUESTED COUNCIL CONSIDER HER TO FILL THE VACANT COUNCIL SEAT AND SUBMITTED HER LETTER. MRS. CALVERT MOVED TO RE -OPEN THE NOMINATIONS TO INCLUDE LINDA° HARRIS. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY READ MRS. HARRIS'S LETTER AND MRS. HARRIS SPOKE TO THE COUNCIL AND MEMBERS OF THE AUDIENCE. THREE ROLL CALL VOTES WERE TAKEN WITH THE FOLLOWING RESULTS: CALVERT HARRIS MURPHY GRAINGER NICHOLAS NEWSON RUTHERFORD HARRIS CALVERT HARRIS MURPHY NEWSON NICHOLAS NEWSON RUTHERFORD HARRIS CALVERT GRAINGER MURPHY NEWSON NICHOLAS NEWSON RUTHERFQRD HARRIS MAYOR MURPHY M017ED TO POSTPONE THIS ITEM UNTIL THE EIM OF THE AGENDA. MR. NICHOLAS SECONDED MOTION.. AT THIS TIME MR. GRAINGER AND MR. BRISSON WITHDREW THEIR LETTERS.REQUESTING ELECTION TO THE VACANT COUNCIL SEAT. A SUGGESTION WAS MADE TO ALSO POSTPONE ITEMS 1 AND 2 UNDER NEW BUSINESS UNTIL NEW COUNCIL MEMBER WAS ELECTED. COUNCIL MINUTES 12/1/81 PAGE 2 OF 6-- AND ATTACHED MEMO z MAYOR MURPHY MODIFIED HIS MOTION TB'C�� NAED 4 -15 -95 ITEMS 1 AND 2 ALSO BE POSTPONED. MR. NICHOLAS ACCEPTED THE MODIFICATION, VOTE ON THE MOTION TO POSTPONE CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 3. ORDINANCE N0. 23 -81 INCREASE SEWER AS'SE'SSMENT 'FEES AMENDING-CODE CHAPTER 535 (FIRST READING & PUBLIC -HEARING). MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: ORDINANCE NO. 23 -81. 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. NICHOLAS MOVED TO APPROVE FIRST READING. MR. RUTHERFORD SECONDED MOTION. MR. NICHOLAS READ ALOUD THE VARYING AMOUNTS OF TAP -IN FEES OTHER CITIES WERE CHARGING. DISCUSSION FOLLOWED REGARDING THE IMPENDING RATE INCREASES THAT THE COUNTY WAS CONSIDERING. COUNCIL REQUESTED THAT A COPY OF THE COUNTY'S STUDY RESULTS AND RATE STRUCTURE BE AVAILABLE AT THE NEXT WORKSHOP MEETING. VOTE ON THE MOTION ON THE FLOOR TO APPROVE FIRST READING, CARRIED UNANIMOUSLY. ITEM 4. ' 'ORDINANCE NO.' *24-81: " AMEND TAXI -CAB DRIVER MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS. ORDINANCE NO. 24 -81. AN ORDINANCE AMENDING CHAPTER 725 ENTITLED "TAXI REGULATION" BY AMENDING SECTION 725.06(C) PERTAINING TO DRIVER`S PERMITS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED TO APPROVE FIRST READING.. MR. RUTHERFORD SECONDED MOTION. DISCUSSION FOLLOWED ON THE NEED TO REPEAL THIS PROVISION IN THE TAXI ORDINANCE. CITY ATTORNEY SCOTT EXPLAINED THAT THE PRESENT ORDINANCE REQUIRES THAT WHEN A TAXI DRIVER HAS BEEN CONVICTED OF A FELON- DURING THE LAST THREE YEARS, THE CITY CANNOT ISSUE HIM A TAXI DRIVER'S PERMIT. HOWEVER, UNDER THE NEW FLORIDA STATUTES, THE CITY IS PREVENTED FROM CHECKING THE POLICE RECORDS; THEREFORE, THE CITY HAD NO WAY OF KNOWING THE PAST RECORD. COUNCIL MINUTES 12/1/81 PAGE 3 OF 6 AND ATTACHED MEMO g MR. SCOTT WAS RECOMMENDING THAT THE CITY GO AHEAD AND CONTINUE THE $10.00 APPLICATION FEE, KEEP THE DRIVER'S FICTURS.' ON FILE AND HOLD THE DRIVER'S APPLICATION BUT DO NOT ISSUE A PERMIT. MOTION ON THE FLOOR FOR APPROVAL OF FIRST READING CARRIED` UNANIMOUSLY. ITEM 5. 'DISCUSSION RE':' APPOINTMENT OF CAPE CANAVERAL'S REPRESENTATIVE TO THE WATER -STUDY COMMISSION_ MAYOR 14URPHY EXPLAINED THAT THE CITY HAD ORIGINALLY APPOINTED FORMER CITY MANAGER WITSCHEN TO THIS STUDY COMMISSION AND THAT THE CITIES OF CAPE CANAVERAL, COCOA. BEACH' AND ROCKLEDGE SHARE TWO REPRESENTATIVES. IT WAS NOW NECESSARY FOR THE CITY TO APPOINT A NEW MEMBER. MRS. CALVERT MOVED TO APPOINT MAYOR MURPHY TO THE WATER. STUDY COMMISSION. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. *MOTION RE:' DESIGNATING BOARD MEMBER AND yC -l:jJN i iim"UsAlL r-ux tSitL'"VAKU Lt;Atiuk; r'ux 1966. MR. NICHOLAS MOVED TO APPOINT COUNCILMAN WAYNE RUTHERFORD TO THE BREVARD LEAGUE. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. 'MOTION RE':' SUPERVISOR'S SALARY INCREASES. MAYOR MURPHY NOTED THAT MR. WITSCHEN HAD SUBMITTED SALARY RECOMMENDATIONS TO COUNCIL FOR SUPERVISOR'S SALARY INCREASES AS FOLLOWS: N. HANSON TO $16,160; K. BOEING TO $19,700; L. WALTERMIRE TO $18,210; P. BEAULIEU TO $16,090. MTSCHEN'S MEMO DATED SEPTEMBER 25, 1981 ATTACHED TO MINUTES.: IT WAS EXPLAINED THAT THE 10% WAS IN THE NEW BUDGET. AT THIS TIME, MAYOR MURPHY DISTRIBUTED COPIES OF THE LATEST FINANCIAL REPORT TO THE COUNCIL MEMBERS. MAYOR MURPHY MOVED TO FOLLOW MR. WITSCHEN'S RECOMMENDATIONS REGARDING THE SALARY INCREASES. MRS. CALVERT SECONDED MOTION..- DISCUSSION FOLLOWED. IT WAS POINTED OUT THAT A-SALARY ADJUSTMENT OF 4% HAD BEEN GIVEN TO THREE OF THE EMPLOYEES MENTIONED IN MR. 'rTITSCHEN' S MEMO. COUNCIL MINUTES: 12/1/81 PAGE 4 OF 6 AND ATTACHED MEMO 4.15 -85 MR. NICHOLAS MOVED TO POSTPONE THIS ITEM. MR. RUTHERFORD SECONDED MOTION. MOTION TO POSTPONE CARRIED UNANIMOUSLY. ITEM 8. MOTION RE: 'COMPLETION OF BEACH EROSION PROJECT. MAYOR MURPHY EXPLAINED THAT HE HAD REQUESTED THIS ITEM BE'PLACED ON'THE AGENDA IN ORDER TO EMPHASIZE THE IMPORTANCE OF COMPLETING THIS PROJECT. HE REPORTED THAT SAND WAS NOW AVAILABLE AND IT WAS IMPORTANT TO HAVE THE PROJECT EXPEDITED_ IT WAS POINTED OUT THAT MR. BUD HOOPER OF BRILEY, WILD & ASSOCIATES, WOULD BE AT CITY HALL ON THURSDAY, AT 1:OOPM FOR A MEETING ON THIS SUBJECT. MAYOR MURPHY ALSO SUGGESTED THAT THE STREET DEPARTMENT MAKE THIS A HIGH PRIORITY PROJECT. NO ACTION ON THIS ITEM. AT THIS TIME, COUNCIL RETURNED TO ITEM 2. UNDER UNFINISHED BUSINESS. ITEM 2. RESOLUTION N0., "81-7S RE: ELECTING COUNCIL MEMBER TO FILL VACANT'COUNCIL SEAT. , P A ROLL CALL VOTE WAS TAKEN WITH THE FOLLOWING RESULTS: CALVERT HARRIS MURPHY NEWSON NICHOLAS NEWSON RUTHERFORD HARRIS IT WAS NOTED THAT IF THIS MATTER WAS NOT DECIDED UPON AT THIS MEETING, COUNCIL HAD UNTIL THURSDAY, DECEMBER 3, 1981 BEFORE THE 30 DAYS WERE UP TO ELECT A COUNCIL MEMBER TO FILL. THIS VACANT SEAT. TWO ROLL CALL VOTES WERE TAKEN WITH THE SAME RESULTS 0 AS FOLLOWS: qe CALVERT HARRIS • MURPHY NEWSON NICHOLAS NEWSON . RUTHERFORD HARRIS DISCUSSION FOLLOWED ON THE LEGAL POINT REGARDING WHETHER OR NOT THE GOVERNOR WOULD APPOINT A COUNCIL MEMBER TO FILL THIS VACANCY. IT WAS NOTED THAT THE CHARTER WAS NOT CLEAR AS TO THE METHOD OF CHOOSING A REPLACEMENT TO FILL THIS ONE VACANT SEAT WHEN IT IS NOT FILLED BY COUNCIL. WITHIN 30 DAYS. COUNCIL MINUTES 12/1/81 PAGE 5 OF 6 AND ATTACHED MEMO A SUGGESTION WAS MADE THAT ATTORNEY SCOTT CONTACT THE GOVERNOR'S OFFICE REGARDING THE FILLING OF THIS VACANCY AND REPORT TO COUNCIL. A ROLL CALL VOTE ON THE QUESTION WAS CALLED AGAIN WITH THE FOLLOWING RESULTS: CALVERT HARRIS MURPHY NEWSON NICHOLAS NEWSON RUTHERFORD HARRIS SINCE NEITHER CANDIDATE RECEIVED A MAJORITY VOTE, IT WAS DECIDED TO CONTINUE THIS MEETING AT 6:OOPM ON THURSDAY, DECEMBER 3, 1981. MR. NICHOLAS MOVED TO CONTINUE THE MEETING ON THURSDAY • EVENING AT 6:OOPM. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT 9:15PM THE MEETING WAS CONTINUED TO DECEMBER 3, 1981. APPROVED THIS 15 DAY OF DE mom 1'om , 1981. v a I _ , COUNCIL MINUTES 12/1/81 PAGE 6 OF 6 AND ATTACHED MEMO a 0 Q TO. PAYROLL DEPARTMENT PLEASE .ENTER THE FOLLOWING CHANGES' IN YOUR RECORDS TO TAKE EFFECT Q (GATE & JIMEY EMPLOYEE ►�'s. ®L� J'1�., q -CCJ"3 ( Ci' SOCIAL SECURITY NO. %'� -4•� CLOCK NO...�_�� THE CHANGFIS) ? .#CHECK ALL APPLICABLE BOXES FROM TO ❑ DEPARTMENT ❑ JOB ❑ SHIFT ' i ❑ RATE REASON FOR THE CHANGE(S) ❑ HIRED ❑ PROBATIONARY PERIOD COMPLETED ❑ R£ -HIRED _ ❑ LENGTH OF SERVICE INCREASE ❑ PROMOTION ❑ RE- EVALUATION OF EXISTING JOB ❑ DEMOTION CJ RESIGNATION 13-TRANSFER ❑.RETIREMENT ❑ MERIT INCREASE ❑ LAYOFF ❑ UNION SCALE ❑ DISCHARGE ❑ LEAVE OF ABSENCE FROM • .. (DATE) (GATE} OTHER (ExPWN' _ CHANGE AUTHORIZED HY DATE 1 Q TO. PAYROLL DEPARTMENT PLEASE .ENTER THE FOLLOWING CHANGES' IN YOUR RECORDS TO TAKE EFFECT Q (GATE & JIMEY EMPLOYEE ►�'s. ®L� J'1�., q -CCJ"3 ( Ci' SOCIAL SECURITY NO. %'� -4•� CLOCK NO...�_�� THE CHANGFIS) ? .#CHECK ALL APPLICABLE BOXES FROM TO ❑ DEPARTMENT ❑ JOB ❑ SHIFT ' i ❑ RATE REASON FOR THE CHANGE(S) ❑ HIRED ❑ PROBATIONARY PERIOD COMPLETED ❑ R£ -HIRED _ ❑ LENGTH OF SERVICE INCREASE ❑ PROMOTION ❑ RE- EVALUATION OF EXISTING JOB ❑ DEMOTION CJ RESIGNATION 13-TRANSFER ❑.RETIREMENT ❑ MERIT INCREASE ❑ LAYOFF ❑ UNION SCALE ❑ DISCHARGE ❑ LEAVE OF ABSENCE FROM UNTIL .. (DATE) (GATE} OTHER (ExPWN' CHANGE AUTHORIZED HY DATE . fROLL DEPARTMENT PLEASE ENTER THE FOLLOWING CHANGE(S) IN YOUR RECORDS TO TAKE' ,. Ql�y EFFECT CMG � ' t (b 1 (DATE 8c TOM • EMPLOYEE SOCIAL SECURITY NO- CLOCK NO. THE CHANGES) !CHECK ALL APPLICABLE BOXES FROM TO e ❑ RE- HIRED -? . . fROLL DEPARTMENT PLEASE ENTER THE FOLLOWING CHANGE(S) IN YOUR RECORDS TO TAKE' ,. Ql�y EFFECT CMG � ' t (b 1 (DATE 8c TOM • EMPLOYEE SOCIAL SECURITY NO- CLOCK NO. THE CHANGES) !CHECK ALL APPLICABLE BOXES FROM TO •❑ DEPARTMENT ❑ RE- HIRED -? Cl LENGTH OF SERVICE INCREASE ❑ JOB . ❑ RE- EVALUATION OF EXISTING JOB ❑ DEMOTION ❑ SHIFT ❑ TRANSFER ❑ RETIREMENT ` ❑ RATE ❑ LAYOFF . ❑ UNION SCALE . ❑ t r 1 (.oe, REASON FOR THE CHANGE(S) ❑ HIRED ❑ PROBATIONARY PERIOD COMPLETED - ❑ RE- HIRED -? Cl LENGTH OF SERVICE INCREASE ❑ PROMOTION ❑ RE- EVALUATION OF EXISTING JOB ❑ DEMOTION ❑ RESIGNATION ❑ TRANSFER ❑ RETIREMENT ` O MERIT INCREASE ❑ LAYOFF . ❑ UNION SCALE . ❑ DISCHARGE ❑ LEAVE OF ABSENCE FROM UNTIL '• - (DATd (DATE) ❑ OTHER (EYN•AIN) CHANGE AUTHORIZED BY DATE