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HomeMy WebLinkAboutMinutes 02-16-1982' MICR REGULAR MEETING MICROFILMED 4 -15 -85 CITY COUNCIL FEBRUARY 16, 1982 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON FEBRUARY 16, 1982 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 MURPHY, COUNCIL MEMBERS J. CALVERT, L. HARRIS, L. C. NICHOLAS AND W. RUTHERFORD; CITY ATTORNEY J. SCOTT AND CITY CLERK P. BEAULIEU. MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF FEBRUARY 2, 1982. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 1 -82 RE: AMEND SEWER CONNECTION ASSESSMENT. FEE 'RATE. STRUCTURE' 'FOR 'CO:MME'RCIAL; PROVIDING RATES FGR MODIFIED B'UILDI'NGS; AMEND CHAPTER 535; SECOND READING AND PUBLIC HEARING (POSTPONED '2' -2 -82 MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CODE CHAPTER 535 "SEWER CON- NECTION ASSESSMENT" OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA BY AMENDING THE COMMERCIAL RATE STRUCTURE; BY ADDING SECTION 535.05 "MODIFYING EXISTING STRUCTURES "; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. AT THE WORKSHOP, THE CITY ATTORNEY HAD EXPLAINED THAT A MORE APPROPRIATE TITLE FOR CHAPTER 535 WOULD BE "SEWER IMPACT ASSESSMENT" INSTEAD OF "SEWER CONNECTION ASSESSMENT ". AN ADDITIONAL CHANGE MENTIONED AT WORKSHOP WAS TO DELETE THE WORD "COMMERCIAL" IN THE SECOND PARAGRAPH BELOW THE RATE SCHEDULE. MAYOR MURPHY MOVED TO AMEND THE TITLE FROM "SEWER CONNECTION ASSESSMENT" TO "SEWER IMPACT ASSESSMENT" AND TO DELETE THE WORD "COMMERCIAL ". MR. RUTHERFORD SECONDED MOTION. AMENDMENTS AND MAIN MOTION CARRIED UNANIMOUSLY. ORDINANCE 1 -82 ADOPTED. NEW BUSINESS ITEM 1. RESOLUTION NO. 82 -9 RE:' MODIFICATION OF 1981 --82 BUDGET. COUNCIL MINUTES 2 -16 -82 PAGE 1 OF 4 i MICROFILMED 4 -15.85 MAYOR MURPHY. READ THE RESOLUTION IN Fu LL ENTITLED; A RESOLUTION AMENDING RESOLUTION NO. 81 -49 BY MODIFYING THE GENERAL FUND BY PROVIDING A CAPITAL EQUIPMENT FUND FOR THE FIRE DEPARTMENT; FUNDING SUCH LINE ITEM BY TRANS- FERRING MONIES FROM THE FUND BALANCE; MODIFYING THE RECREATION COMPLEX BUDGET BY INCREASING INCOME FROM PROGRAMS AND TOURNAMENTS AND INCREASING EXPENSE FROM PROGRAM EXPENSE AND TOURNAMENT EXPENSE; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 82 -10 RE: REPAVING SURF DRIVE A RESOLUTION HAD NOT BEEN PREPARED ON THIS SUBJECT. COUNCIL HAD BEFORE THEM A "PROCEDURE FOR SPECIAL ASSESSMENT ". MAYOR MURPHY EXPLAINED THAT THE COUNCIL HAD BEEN APPROACHED BY RESIDENTS OF SURF DRIVE WHO WOULD LIKE TO HAVE THEIR STREET REPAVED. AFTER DISCUSSION BETWEEN COUNCIL AND MEMBERS IN THE AUDIENCE, MAYOR MURPHY MOVED TO POSTPONE THIS ITEM UNTIL IT COULD BE DISCUSSED AT WORKSHOP. MOUSLY. ITEM 3. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANI- RESOLUTION NO 82-11-RE: SETTLEMENT OF TAP IN FEE FOR TEA ROOM LOCATED AT LA PAZ MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO FOREGO THE ADDITIONAL SEWER CONNECTION ASSESSMENT OF $1,000 FOR THE TEA ROOM; PROVIDING AN EFFECTIVE DATE MAYOR MURPHY MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MAYOR MURPHY MOVED TO AMEND THE RESOLUTION MAKING IT CONTINGENT UPON THE TEAROOM'S ACCEPTANCE OF THE CONCESSION GRANTED BY THE CITY IN SETTLEMENT OF ANY CLAIM THAT THE TEAROOM MAY HAVE AGAINST THE CITY. MRS. CALVERT SECONDED MOTION. MOTION TO AMEND AND MAIN MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 82 -11 ADOPTED AS AMENDED. ITEM 4. MOTION RE.: SEWER PLANT EXPANSION BIDS MAYOR MURPHY EXPLAINED THAT THE CITY ENGINEER'S, BRILEY, WILD & ASSOCIATES, ARE REVIEWING THE BIDS. MAYOR MURPHY MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT COUNCIL MEETING. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, CITY ATTORNEY SCOTT WAS DIRECTED TO ANSWER DEPARTMENT OF ENVIRONMENTAL REGULATION'S CORRESPONDENCE REQUESTING THE CITY BE ALLOWED TIME FOR AN ADMINISTRATIVE HEARING, IF IT APPEARED NECESSARY. COUNCIL MINUTES 2 -16 -82 PAGE 2 OF 4. MICROFILMED 4 -15.85 ITEM 5. MOTION RE: AUTHORIZATION TO ADVERTISE FOR ENGINEER- ING INSPECTION SERVICES FOR SEWER PLANT CONSTRUCTION MR. NICHOLAS MOVED TO AUTHORIZE ADVERTISING FOR ENGINEERING INSPECTION SERVICE. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION RE: AUTHORIZATION FOR ACCOUNTING CLERK'S SALARY INCREASE MAYOR MURPHY MOVED TO GRANT BENNETT BOUCHER AN INCREASE OF $1,000 PER YEAR. MR. NICHOLAS SECONDED MOTION. MAYOR MURPHY SUGGESTED ADDITIONAL ACCOUNTING RESPONSIBILITY BE GIVEN TO MR. BOUCHER. DISCUSSION FOLLOWED ON THE AMOUNT OF THE PROPOSED INCREASE. MRS. HARRIS MOVED TO AMEND THE MOTION BY GRANTING A 5% SALARY INCREASE. MRS. CALVERT SECONDED MOTION. AMENDMENT AND MAIN MOTION CARRIED UNANIMOUSLY. ITEM 7. MOTION RE :.APPOINTMENT.OF INTERIM CITY MANAGER AND ASSISTANT CITY MANAGER MRS. HARRIS MOVED TO APPOINT JOSEPH SCOTT, CURRENT CITY ATTORNEY, AS INTERIM CITY MANAGER AT THE RATE OF $12,000 PER YEAR ON AN INDEPENDENT CONTRACTOR BASIS AND APPOINT PATRICIA BEAULIEU AS ASSISTANT CITY MANAGER FOR AN ADDITIONAL $50.00 PER WEEK OVER HER BASE PAY. MRS. CALVERT SECONDED MOTION. MAYOR MURPHY MOVED TO MODIFY THE MOTION TO INCLUDE A 30 DAY CANCELLATION NOTICE FOR EITHER THE ATTORNEY OR CITY. MRS. HARRIS SECONDED. VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR, J. CALVERT, L. HARRIS, MAYOR MURPHY, W. RUTHERFORD; OPPOSED, MR. NICHOLAS. MOTION CARRIED. MAYOR MURPHY REQUESTED AN ITEM BE ADDED TO THE AGENDA THE SUBJECT BEING THE CITY'S FIRE MARSHALL. MRS. HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY EXPLAINED THAT THE CITY HAD CONTINUING PROBLEMS WITH FIRE MARSHALL WESTBERG WHICH INCLUDED FORGING A CHECK; FAILING TO FOLLOW THE CITY'S CHAIN OF COMMAND; OPERATING INDEPENDENT OF SUPERVISION; AND, MOST RECENTLY, ATTEMPTING A BURN WITHOUT PROPER AUTHORIZATION. MAYOR MURPHY MOVED THAT THE CITY TERMINATE MR. WESTBERG. MR. NICHOLAS SECONDED MOTION. COUNCIL MINUTES 2 -16 -82 PAGE 3 OF 4 MICROFILMED DISCUSSION FOLLOWED. ASR. NICHOLAS MOVED TO AMEND MOTION BY THE CITY ISSUING A LETTER OF REPRIMAND TO THE FIRE MARSHALL OUTLINING THOSE AREAS WHICH HAVE BEEN BROUGHT UP AND WHICH WERE CONSIDERED DEFICIENCIES AND INJURIOUS TO THE CITY AND PLACE MR. WESTBERG ON A 30 -DAY PROBATION. MAYOR MURPHY SECONDED MOTION. VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT AND MR. NICHOLAS; OPPOSED, MRS. HARRIS, MAYOR MURPHY AND MR. RUTHERFORD. AMENDMENT FAILED. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR, MRS. HARRIS, MAYOR MURPHY AND MR. RUTHERFORD; OPPOSED MRS. CALVERT AND MR. NICHOLAS. MOTION CARRIED. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:26 P.M. APPROVED THIS 2 DAY OF MARCH , 1982. CITY CLERK I COUNCIL MINUTES 2 -16 -82 PAGE 4 OF 4.