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Home My WebLink About11-03-1981 Regular MeetingREGULAR MEETING • �• CITY COUNCIL NOVEMBER 3, 1981 ®fILME® 4'15'85 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON NOVEMBER 3, 1981 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR J.L. MURPHY, JR. AT 7:37 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE:. MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS J. CALVERT AND W. RUTHERFORD; CITY ATTORNEY J. SCOTT, CITY CL&K p. BEAULIEU. MR.S.: -BoyD AND MR. LEE WERE ABSENT. FORMER CITY MANAGER P. WITSCHEN MS ALSO PRESENT. MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF OCTOBER 20, MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. NEW BUSINESS ITEM 1. ORDINANCE NO..20 -81 AMENDING CITY CHARTER ARTICLE XXIV 'SECTION 4, (2 ) RE: ELIMINATING RFnUTRFtvmwT mn Rpnn SECOND MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CITY CHARTER ARTICLE XXIV SECTION 4 •(2) "SECOND READING: PUBLIC HEARING ", PERTAINING TO READING IN FULL; PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED TO APPROVE FIRST READING. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 21- 81'AMENDING CODE CHAPTER 701, RE: ANIMAL CONTROL UST READING AND PUBLIC HEARING) MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AND AN ORDINANCE AMENDING CODE CHAPTER 701, "ANIMALS CONTROLLED ", PROVIDING AN EFFECTIVE DATE. MRS. CLAVERT MOVED TO APPROVE FIRST READING. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. ORDINANCE NO. 22 -81 RE: INCREASING SEWER SERVICE RATES AMENDING ORDINANCE NO. 6 -66 AS AMENDED, CITY CODE CHAP- TER 671 1 1ST READING AND PUBLIC HEARING) MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF CAPE CANAVERA] FLORIDA, CODE CHAPTER 671.03, - RATES- PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED TO APPROVE FIRST READING. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. [MICROFILMED 4 -15 -85 ITEM 4. RESOLUTION NO. 81 -66 RESCINDING RESOLUTION-NO. 81 -59 INCLUDING BREVARD SHERIFF'S DEPARTMENT IN AGREEMENT MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOWS: / A RESOLUTION RESCINDING RESOLUTION NO. 81 -59; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT AND THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS TO LEASE THE CITY OF CAPE CANA- VERAL POLICE DEPARTMENT BUILDING; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MR. WITSCHEN POINTED OUT THAT ARTICLE 13, SECOND PARAGRAPH SHOULD BE ELIMINATED SO AS NOT TO GIVE THE ALTERNATIVE TO GO TO SELF"INSURANCE FOR THE BUILDING. HE EXPLAINED THAT THE CITY SHOULD REQUIRE CONVENTIONAL INSURANCE. MAYOR MURPHY MOVED TO AMEND THE AGREEMENT*BY ELIMINATING, PARAGRAPH 'B' IN ARTICLE 13. MR. RUTHERFORD SECONDED MOTION. MOTION TO AMEND AND MAIN MOTION'CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 81 -67 APPROVING ADDITIONAL LANGUAGE IN PARAGRAPH 9 OF RESOLUTION NO. 81 -50 MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S OEPA,RTMENTF TO PROVIDE POLICE SERVICES TO THE CITY OF CAPE CANAVERAL FLORIDA; PROVIDING AN EFFECTIVE DATE. MR, RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. ATTORNEY SCOTT EXPLAINED-THAT THIS RESOLUTION ADDED TWO SENTENCES TO PARAGRAPH 9, THE FINES AND FORFEITURES CLAUSE. MOTION ON THE FLOOR FOR ADOPTION CARRIED'UNANIMOUSLY. ITEM 6. RESOLUTION NO. 8'1-68 "CERTIFYING ELECTION OF UN- OPPOSED CANDIDATES MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION CERTIFYING THE ELECTION OF UNOPPOSED CANDIDATES FOR OFFICE OF TWO CITY COUNCILMEN. MR. RUTHERFORD MOVED FOR ADOPTION. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. RESOLUTION NO. 81 -69 AGREEMENT WITH FLORIDA POWER & LIGHT FOR CONVERSION OF STREET LIGHTS MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR AND THE.CITY CLERK TO ENTER INTO AN AGREEMENT WITH FLORIDA POWER AND LIGHT FOR THE CONVERSION OF STREET LIGHTS; PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 11 -3 -81 PAGE 2 OF 4 r ITEM 8. RESOLUTION NO. '81 -70 APPOINTMENT OF ACTING CITY' MANAGER MAYOR MURPHY READ THE RESOLUTION IN FULL APPOINTING PATRICIA J. BEAULIEU AS ACTING CITY MANAGER. THE TITLE OF THE RESOLUTION 11IAS AS FOLLOWS: A RESOLUTION APPOINTING AN ACTING CITY MANAGER; PROVIDING COMPENSATION; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. DISCUSSION FOLLOWED ON THE ,ADDITIONAL COMPENSATION FOR THIS ACTING POSITION. MR. WITSCHEN SUGGESTED AN ADDITIONAL $100.00 PER WEEK. MRS. CALVERT MOVED TO AMEND THE RESOLUTION BY ADDING, "ADDITIONAL COMPENSATION OF $100 PER WEEK WHILE ACTING IN THIS CAPACITY ". MR. RUTHERFORD SECONDED MOTION. VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION CARRIED UNANIMiOUSLY. ITEM 9. MOTION RE': ' WAIVING OCCUPATIpN, LICENSE FEE FOR MOTHER'S MARCH UP DIMES MRS. CALVERT MOVED TO GRANT THE OCCUPATIONAL LICENSE TO THE MOTHER'S MARCH OF DIMES AND WAIVE-THE OCCUPATIONAL LICENSE FEE REQUIRED BY THE ORDINANCE. MR. RUTHERFORD SECONDED MOTION. DISCUSSION FOLLOWED ON THE WAIVING OF THE LICENSE FEE. MAYOR MURPHY MOVED TO MODIFY THE MOTION ON THE FLOOR BY NOT WAIVING THE OCCUPATIONAL LICENSE FEE AND THE CITY TO MAKE A DONATION TO THE MARCH OF DIMES IN THE AMOUNT OF THE LICENSE FEE. MOTION TO AMEND CARRIED UNANIMOUSLY, MAIN MOTION CARRIED UNANIMOUSLY. ITEM 10. MOTION RE: ESTABLISHING CITY POLICY REGARDING SEWER LATERALS MAYOR MURPHY EXPLAINED THAT SOME PLATTED LOTS IN THE CITY HAVE BEEN SPLIT AND SOLD, AS A RESULT, SEWER LATERALS WERE NOT ALWAYS ACCESSIBLE TO EACH INDIVIDUAL PIECE OF PROPERTY, THEREFORE, IT WAS NECESSARY FOR THE)CITY TO APPLY SOME TYPE OF POLICY FOR SITUATIONS OF THIS TYPE. MAYOR MURPHY MOVED THAT THE CITY ESTABLISH A POLICY RE- GARDING SEWER LATERALS AS FOLLOWS: 114HERE THERE IS AN EXISTING LATERAL, THE CITY Ta,ILL INSTALL A 'Y' TO HELP SOLVE THE PROBLEM BUT THE DEVELOPERS WOULD BE REQUIRED TO RUN THE LINE TO THE EXISTING SEWER LATERAL. IN CASES WHERE THERE IS NO SEWER LATERAL COUNCIL kMaJIES 11 -3 -81 PAGE 3 OF 4 ` MICROFILMED 4 -15 -85 AND THE CITY IS LEGALLY OBLIGATED TO PROVIDE A SEWER LATERAL, THEN THE CITY WOULD HAVE TO INSTALL THE LATERAL. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIFn UNANIMOUSLY. ITEM 11. MOTION RE: APPROVAL OF BUDGET TRANSFERS MR. WITSCHEN RECOMMENDED THAT COUNCIL TRANSFER $1,000 FROM THE BUILDING OFFICIAL'S SALARY ACCOUNT TO THE PROFESSIONAL SERVICES ACCOUNT TO COVER MR. KELLEReS SALARY DUE TO THE FACT THAT MR. KELLER IS NOW WORKING AS A PART —TIME BUILDING OFFICIAL AND NOT AS A SALARIED BUILDING OFFICIAL. MAYOR MURPHY MOVED TO APPROVE THE TRANSFER. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. CALVERT MOVED TO ADD AN ITEM TO THE AGENDA IN ORDER TO APPOINT AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. CALVERT EXPLAINED THAT ONE OF THE FIVE REGULAR MEMBERS OF THE BOARD OF ADJUSTMENT WOULD NOT BE AVAILABLE FOR MEETINGS AND IT WAS NECESSARY TO APPOINT AN ALTERNATE MEMBER IN ORDER TO HAVE A FULL BOARD FOR AN UPCOMING MEETING. COUNCIL HAD BEFORE THEM A LETTER FROM LINDA HARRIS APPLYING FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT. MRS. CALVERT MOVED TO APPOINT LINDA HARRIS AS AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT. MR. RUTHERFORD SECONDED MOTION. MOTION.CARRIED UNANIMOUSLY. DISCUSSION DISCUSSION ITEMS INCLUDED DUNE'CROSSOVER PROJECT, DECEMBER LEAGUE MEETING AT PATRICK AIR FORCE BASE, OVERGROWTH IN LOT SOUTH OF ATLANTIC GARDENS AND MR. WITSCHEN'S LETTER TO THE PORT AUTHORITY REGARDING THE SCALLOP PLANT ODOR. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 8:42. APPROVED THIS 17 DAY OF NOVEMER , 1981. j MAYOR'/ s. CITT CLERK COUNCIL MINUTES 11 -3 -81 PAGE 4 OF 4