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HomeMy WebLinkAbout01-21-1975 Regular MeetingVA REGULAR MEETING RIV41 1 C R Q F I LM ED 4-24-80 CITY COUNCIL A -UNARY 21, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JANUARY 21, 1975 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT.7r32 P.M. MACLAY. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR MACLAY, COUNCILMEN L. C.. NICHOLAS, E. H. RHAME, G. J. SALVAGGIO, MRS. ANN THURM WAS ABSENT DUE TO ILLNESS, CITY MANAGER A. J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD SCOTT,.CITY CLERK ANITA J. OSTROM, SGT. AT ARMS VIRGIL FITCH. MR. SALVAGGIO MOVED TO APPROVE THE MINUTES. MR. RHA W SECONDED THE MOTION. MAYOR MACLAY MOVED TO AMEND THE MINUTES IN PARAGRAPH 6 BY THE FOLLOWING OF COUNCILMAN RHAME" IN PLACE OF ONE OF THE COUNCIL MEMBERS" AND THAT MR..RHAME WAS ABSENT DURING MR.' SALVAGGI® SECONDED MOTION. VOTE ON THE MINUTES AS CORRECTED UNFINISHED BUSINESS 'DUE TO THE DELAYED ARRIVAL "DUE TO THE DELAYED ARRIVAL OF FURTHER AMENDING BY NOTING_ ACTION ON ITEMS 1 AND 2. MOTION CARRIED UNANIMOUSLY.. WAS UNANIMOUS. MINUTES APPROVED. ITEM 1. BIKE PATH EXTENSION (ON THE TABLE) MR. NICHOLAS MOVED TO TAKE THIS ITEM FROM THE TABLE. MR. RHAME SECONDED MOTION. MOTION CARRIED UNANIMOUSYY.. MAYOR MACLAY READ THE LETTER FROM THE COUNTY COMMISSION REGARDING EXTENDING BIKE PATH AT THE NORTH END OF THE CITY. MR. NICHOLAS MOVED TO APPROVE THE EXPENDITURE OF $675..00. MR. RHAME SECONDED MOTION. VOTE ON THE MOTION WAS ALL MEMBERS PRESENT OPPOSED. MOTION FAILED. NANNY LOCKMAN, AS VICE PRESIDENT OF THE BREVARD COUNTY BIKE ASSOCIATION, SPOKE TO THE COUNCIL REGARDING COMPLAINTS FROM SCHOOL CHILDREN ABOUT THE EXISTING BIKE PATH BEING BROKEN AND A HAZARD. MR. FRANCIS STATED THAT THE COUNTY STILL INTENDED TO STRIPE ALONG THE BIKE PATH TO SEPARATE THE ROAD FROM THE BICYCLEE PATH. COUNCIL SUGGESTED THAT MR. FRANCIS CHECK OUT COST OF IN- STALLING FOUR -INCH CURBING. COUNCIL REQUESTED MR. FRANCIS GIVE • 0 oil _J O O: V REPORT AT THE NEXT REGULAR MEETING. ITEM 2. EMERGENCY EROSION COSTS MR. FRANCIS STATED THAT HE HAD TALKED TO MR. BALLARD OF THE COUNTY ROAD AND BRIDGE DEPARTMENT AND THERE WERE NO FROM rM STATE FUNDS AVAILABLEAT0 HELP WITH THE COST OF THE..EMERGENCY EROSION. MR. RHAME MOVED THAT THE CITY APPEAL DIRECTLY TO THE COUNTY COMMISSION AND ASK THAT THE COUNTY SHARE IN THE COST. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. REPORT-ON COLUMBIA DRIVE­ODOR PROBLEM ITEM 4 WAS.TAKEN UP AT THIS TIME. MR. SCOTT INFORMED COUNCIL THAT HE HAD REVIEWED 12 COMPLAINTS FILED WITH THE POLICE DEPARTMENT AND THAT HE PLANS TO REVIEW THESE WITH THE HEALTH DEPARTMENT. MR. ALLEN STATED THAT HE AND MR. WOODARD FROM THE HEALTH DEPARTMENT VISITED THE i SITE OF THE PROBLEM AND THAT IT WAS MR. WOODARD'S OPINION THAT NO PROBLEM EXISTED AND THERE WAS NO ODOR AT THE TIME. CITIZENS IN THE AUDIENCE STATED THAT THIS WAS UNTRUE AND THAT WITH A SOUTHWEST OR WEST BREEZE THE ODOR WAS UNBEARABLE. MR. SCOW STATED THAT THE NEXT PROCEDURE WOULD BE UNDER THE CHARTER NUISAN( -. T COUNCIL I=NVOKE THIS WOULD RECOMMEND �THA :PROVISION AND HE WO NUISANCE PROCEDURE, NOTIFY THE PARTY INVOLVED TO ABATE THE NUISANCE-..AND SET A HEARING DATE, SAID NOTICE TO BE GIVEN 10 DAYS PRIOR TO THE DATE OF HEARING WHICH WOULD BE APPROXIMATELY FEBRUARY MR. SCOTT ALSO STATED THAT THE HEALTH DEPARTMENT COULD POSSIBLY REVOKE THE FILL PERMIT AFTER REVIEWING THE COMPLAINTS. MAYOR MACLAY MOVED TO INDICATE FINDING`OF NUISANCE AND AUTHORIZED THE CITY ATTORNEY TO PROCEED WITH ALL METHODS OF RELIEF POSSIBLE. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. TRAVEL REQUEST — JUDGE MR. FRANCIS INFORMED COUNCIL THAT THIS REQUEST WAS FOR ATTENDANCE AT THE FLORIDA MUNICIPAL JUDGES ASSOCIATION AS JUDGE DROPPER IS VICE PRESIDENT OF THE ORGANIZATION AND ON THE BOARD OF DIRECTORS. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO# AND UNANIMOUS.VOTE, THE REQUEST WAS APPROVED. ITEM 5.' REPORT REGARDING ACTION ON POLICE FUND SHORTAGE MR. SCOTT STATED THAT HE HAD REVIEWED THE POLICEMEN'S BILL OF RIGHTS AND CERTAIN PROCEDURES WERE NECESSARY BEFORE MINUTES OF 1/21/75 PAGE 2 OF 5 PLUS ATTACHMENT MICROFILMED 4.24 -80 ;. TAKING ACTION AGAINST POLICE DEPARTMENT EMPLOYEES HOWEVER, THE CITY POLICE EMPLOYEES AGREED TO WAIVE ANY RIGHTS UNDER THIS BILL: MR. SCOTT READ A LETTER WRITTEN BY MR. FRANCIS TO THE CHIEF OF POLICE REPRIMANDING THE CHIEF AND SUSPENDING MRS. HUDEPOHL FOR ONE WEEK WITHOUT PAY. NEW BUSINESS ITEM 1. DISCUSSION RE: MAILING OF THE NEWSLETTER MR. NICHOLAS STATED THAT THE COST OF MAILING THE FIRST NEWSLETTER HAD BEEN APPROXIMATELY $150.00 INCLUDING LABOR AND THAT THE COMMITTEE WAS CHECKING WITH THE SURFSIDE SUN ON COST OF PRINTING THE NEWSLETTER INSTEAD OF MAIL OUTS. MR. SALVAGGIO MOVED THAT THE NEWSLETTER BE MAILED EVERY TWO MONTHS. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: OPPOSED, MAYOR MACLAY,, MR. NICHOLAS, IN FAVOR MR. RHAME AND MR. SALVAGGIO. MOTION-FAILED TO CARRY. MAYOR MACLAY MOVED TO POSTPONE THIS ITEM UNTIL AFTER THE BUDGET REVIEW. MOTION FAILED FOR LACK OF A SECOND. MAYOR MACLAY THEN MOVED THAT THERE BE NO FUTURE'MAILING OF THE NEWS- - LETTER: THIS MOTION FAILED FOR LACK OF A SECOND. THIS LEAVES THE MAILING OF THE NEWSLETTER AT THE DISCRETION OF THE COMMITTEE. ITEM 2. RESOLUTION 75 -2 RE: DOUBLE TAXATION MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION PETITIONING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS TO DEVELOP AN APPROPRIATE MECHANISM TO FINANCE LAW ENFORCEMENT SERVICES PROVIDED TO THE UNINCORPORATED AREAS OF BREVARD COUNTY, THEREBY RELIEVING THE CITY OF CAPE CANAVERAL AND THE CITIZENS WITHIN THE CITY OF THE TAXES NECESSARY TO FINANCE SUCH LAW ENFORCEMENT SERVICES; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. NICHOLAS; SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. MR. SCOTT SUGGESTED THAT A CERTIFIED COPY BE EITHER SENT BY REGISTERED MAIL OR HAND CARRIED TO THE BOARD OF COUNTY COMMISSIONERS. ITEM 3. RESOLUTION 75 -3 APPOINTMENT OF BEAUTIFICAT: MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE CITY BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE. MAYOR MACLAY MOVED INSERT THE NAME OF BEVERLY HORNER IN THE RESOLUTION. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. SALVAGGIO MOVED TO ADOPT THE RESOLUTION NAMING BEVERLY HORNER TO THE BOARD. MAYOR MACLAY SECONDED THE MOTION. MINUTES OF 1/21/75 PAGE 3 OF 5 PLUS ATTACHMENT MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS MICROFILMED 4 -24 -E0 ITEM 6. BUDGET REVIEW .,MR. FRANCIS GAVE HIS RECOMMENDATIONS FOR REVISING THE BUDGET AT THIS TIME. A COPY OF THE RECOMMENDATIONS IS ATTACHED HERETO AND MADE A.PART OF THESE MINUTES. BY MOTION OF MR. NICHOLAS, SECONDED BY MR. SALVAGGIO* AND UNANIMOUS VOTE, THE BUDGET WAS REVISED ACCORDING TO THE CITY MANAGER'S RECOMMENDATIONS. ITEM 7. PBA CONTRACT COUNCIL CONTINUED REVISION OF THE CONTRACT BEGINNING WITH ARTICLE 13. THE FOLLOWING REVISIONS WERE MADE: .ARTICLE` 14 MR. RHAME MOVED TO ADD TO THIS ARTICLE "VACATION PERIODS WILL NOT ACCRUE OVER ONE YEW MR, NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ARTICLE 15 PARAGRAPH "A" MAYOR MACLAY MOVED THAT THE NUMBER OF SICK DAYS TO BE GRANTED BE CHANGED FROM SIX TO SEVEN WITH NO PROVISION FOR ACCELERATION.BENEFITS AND TO BE USED AFTER SIX MONTHS OF SERVICE. MR. NICHOLAS SECONDED THE MOTION.. MOTION CARRIED UNANIMOUSLY. ARTICLE 15 PARAGRAPH "B" MR."RHAME- MOVED'TO AMENDrBY ADDING IN THE THIRD LINE AFTER THE WORD TERMINATION "EXCEPT TERMINATION FOR CAUSE"' MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED TO AMEND ARTICLE 14 PARAGRAPH "E" LINE 3 BY ADDING AFTER THE WORD TERMINATION `EXCEPT TERMINATION FOR CAUSE" MAYOR MACLAY SECONDED. VOTE WAS AS.FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, OPPOSED MR. NICHOLAS, MR. SALVAG . MOTION FAILED. ARTICLE 15 "C" MR. NICHOLAS MOVED TO DELETE PARAGRAPH "C ". MOTION FAILED FOR LACK OF A SECOND. MR. RHAME MOVED TO AMEND BY INSERTING AT THE END OF THE FIRST LINE THE THE WORDS "NOT EXCEEDING" MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ARTICLE 15 "E" MAYOR MACLAY MOVED THAT THE TERM "MEDICAL EXCUSE" BE DEFINED. MR. RHAME SECONDED THE MOTION. MOTION MINUTES OF 1/21/75 PAGE 4 OF 5 PLUS ATTACHMENT .. MICROFILMED 4 -24 -80 CARRIED UNANIMOUSLY. ARTICLE 14 "E" AND 15 "B" MR. RHAME MOVED TO AMEND THESE PARAGRAPHS TER THE WORD TERMINATION BY ADDING "EXCEPT FOR CAUSE OR VOLUNTARY TERMINATION WITHOUT DUE NOTICE" MAYOR MACLAY SECONDED MOTION, MOTION CARRIED UNANIMOUSLY. ARTICLE 16 "B" MR. RHAME MOVED TO AMEND IN LINE 3 TO READ "THE CITY SHALL COMPENSATE THE EMPLOYEE AT A RATE OF TIME AND ONE-HALF THE REGULAR RATE BUT NOT LESS THAN FOUR HOURS1B MAYOR MACLAY SECONDED THE MOTIONS MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED TO STOP AT ARTICLE 16 PARAGRAPH "D" AND CONTINUE THE WORK ON THIS CONTRACT AT THE NEXT REGULAR MEETING ON JANUARY 28. MR. SALVAGGIO SECONDED MOTION@ , MOTION CARRIED UNANIMOUSLY. BY MOTION OF MR. NICHOLASp SECONDED BY MR. RHAMES THE MEETING WAS ADJOURNED AT 11:53 P.M. CITY CLE APPROVED THIS 28TH DAY 'OF JANUARY S 1975. t �,/ MAYOR MINUTES OF 1/21/75 PAGE 5 of 5 PLUS ATTACHMENT BUDGET REVISION MICROFILMED 4-24-80 JANUARY 21, 1975 income New Budget Original Budget a/c 400 2,000 -from- 6,000 -4,000 408 66,000 70,000 - 4,000. 424 47,000 55,000 -8,000 426.5 18,000 30,000 - 120000 426.6 19,625 "o- 19,625 426 4,000 2,000 2,000 -6,375 Expenses .a /c 506 700 - from - 1,000 -300 702 400 2,100 -1, 700 734 700 1,500 -800 936 500 2,500 -2,000 1028 7,000 4,000 3,000 1034 -0- .10,000 - 10,000 1046 3,600 1,600 2,000 1056 1 ®325 -0- 1,325 1132 11500 2,500 -1,000 1454 5,200 200 5,000 1602 2,000 -7,000 -5,000 2400 7•17,904 8,804 9,100 2900 132,000 138,000 -6,000 II -6,375 Il