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HomeMy WebLinkAbout10-21-1975 Regular Meeting Reconvened 10-22-1975REGULAR MEETING MICROFILMED 4-24--80 CITY COUNCIL RECONVENED= ©CTOBER 22, 1975 THE REG MEFTING OF THE CITY COUNCIL OF OCTOBER 21. RECONVENED ON OCTOBER 22, 1975 AT CITY HALL, 105 POLR AVENUE, CAPE CANAVERAL, FLORIDA AT 7:40 P.M. MACLAY. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT MERE: MAYOR FRANKLYN P. MACLAY, COUNCILMEN L.C. NICHOLASv. AND MRS. ANN THURM. CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY STANLEY WOLFMAN, SGT. AT ARMS CHIEF TWEED. MR. FdMME WAS OUT OF T= AND UNABLE TO ATMQD MM MEETM. MR. SALVAGGIO HAD LEFT THE OCTOBER 21 MTM EARL AND WAS NOT NOTIFIED OF 7HIS MEETIM. UNFINISHED-BUSINESS .ITEMS 3-AND 4 REVIEW OF BUDGET INCOME AND EXPENDITURE I BY- MOTION OF MAYOR MACLAY, SECONDED BY MR. NICHOLAS AND UNANIMOUS.VOTE, THIS ITEM.WAS POSTPONED TO THE END,- OF THE AGENDA. NEW BUSINESS ITEM 1. RESOLUTION 75 -45 APPOINTMENT OF A LETTER OF RESIGNATION FROM RICHARD OLSON AND TWO LETTERS OF APPLICATION FOR APPOINTMENT WERE READ FROM MICHAEL BRADY AND THOMAS BERGDOLL:. MR. NICHOLAS MOVED TO ACCEPT THE RESIGNATION OF MR. OLSON WITH REGRET. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MACLAY NOMINATED MR. BRADY AND MR. BERGDOLL TO FILL THE TWO VACANT POSITIONS. COUNCIL MEMBERS WERE POLLED FOR THEIR CHOICE FOR TER PERMANENT MEMBER. THE CHOICE WAS UNANIMOUSLY IN FAVOR OF MR. BRADY. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, MR. BERGDOLL WAS ASSIGNED AS ALTERNATE MEMBER. MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A MEMBER AND ALTERNATE MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. NICHOLAS AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 2. — HELD UNTIL LATER IN THE MEETING. ITEM 3. ORDINANCE 26 -75 RE: INCREASE IN GARBAGE " MICROFILMED 4 -24 -80 MAYOR MOVED THAT THIS ITEM BE POSTPONED. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MRS. THURM, OPPOSED, Mft- NICHOLAS. `MOTION CARRIED. MR. FRANCIS EXPLAINED THE REASON FOR THIS ORDINANCE WAS ONLY TO COVER THE INCREASED CONTAINER COSTS TO THE CITY FROM RUBBISHMAN, INCORPORATED. MRS. THURM MOVED TO RECONSIDER ORDINANCE 26 -75. MAYOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO..5 -74 AS AMENDED BY PROVIDING FOR AN INCREASE IN THE SCHEDULE OF RENTAL RATES FOR MECHANICAL GARBAGE CONTAINERS; REPEALING-ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. NICROLAS, SECONDED BY MRS. THURN AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. .ITEM 4.•P.B.A. CONTRACT REPORT MR. FRANCIS WENT OVER THE NEW REQUESTS BY THE PBA EMPLOYEES. COUNCIL MEMBERS HAD QUESTIONS ABOUT CERTAIN ITEMS AND-ASKED THAT THEY BE CLARIFIED PRIOR TO APPROVAL OF T* CONTRACT. THIS ITEM TO -BE ON THE OCTOBER 28 AGENDA. UNFINISHED BUSINESS ITEM 5. BUILDING OFFICIAL'S REPORT. RE: SIG14S MR. ALLEN REVIEWED A LETTER GIVING A REPORT ON EACH SIGN WHICH HAD BEEN QUESTIONED AS TO VIOLATION BY THE MAYOR, GIVING THE STATUS OF EACH SIGN.AT THE PRESENT TIME. MAYOR MACLAY THANKED MR. ALLEN. (COPT' OF LETTER ATTACHED TO THESE MINUTES) NEW BUSINESS .ITEM 2. AUTHORIZATION RE: RECREATION-COMPi,EX BORROWING FUNDS MR. JACK PICCALO, RECREATION DIRECTOR, AND MR. JOHN BUTLER, CHAIRMAN OF THE RECREATION COMPLEX COMMITTEE, EXPLAINED THAT THE NEED FOR BORROWING FUNDS WAS FOR EXTRA CONSTRUCTION. WORK NOT INCLUDED IN THE CONSTRUCTION LOAN. THE SPRINKLER SYSTEM, LANDSCAPING AND BUILDING RENOVATION ARE TO BE PAID FOR FROM THE OPERATING FUNDS WHICH WILL NOT BE COMING IN UNTIL DECEMBER OR JANUARY. MAYOR MACLAY MOVED TO AUTHORIZE THE CITY TO BORROW UP TO $10,000 FOR A PERIOD NOW TO EXCEED 'SIX MONTHS FOR THE RECREATION COMPLEX PLEDGING THE AD VALORUM TAX. COUNCIL MINUTES t° 10 -22 -75 PAGE 2 OF 4 `> MICROFILMED 4 -24 -80 MR. NICHOLAS SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY AND MR. NICHOLAS, OPPOSED, MRS. THURM. MOTION CARRIED. ITEM 50 REPORT FROM ATTORNEY RE: RUBBISHMAN SUIT MR. WOLFMAN REPORTED THAT THE SUIT WOULD PROBABLY COME BEFORE THE COURT BY THE FIRST OF JANUARY AND THAT NEGOTIATIONS FOR SETTLEMENT-HAD NOT BEEN SUCCESSFUL. ITEM 6. REPORT FROM ATTORNEY ON SUIT FOR DELINQUENT SEWER BILLS MR. WOLFMAN TOLD COUNCIL THE SUIT HAD BEEN PREPARED AND WAS BEING TYPED IN HIS OFFICE-AND WOULD BE FILED AS SOON AS POSSIBLE. ITEM 7. REPORT RE: DISPOSAL OF PERSONAL PROPERTY MR. FRANCIS READ THE LIST OF PROPERTY NO.LONGER: USABLE. MAYOR MACLAY MOVED THAT THE ITEMS BE DELETED FROM THE PERSONAL PROPERTY RECORDS AND DISPOSED OF BY THE CITY MANAGER. . MRS. THURM SECONDED MOTION.. MOTION CARRIED LINANIMOUSLY. ITEM 8. POLICE CAR BIDS MR. FRANCIS ;:REVIEWED THE BIDS RECEIVED FOR FOUR POLICE CARS FROM ICING MOTOR COMPANY AND FROM HEDELSTON CHEVROLET. THERE WAS MUCH 'DICUSSION REGARDING WARRANTY FACTORS. THESE BIDS WERE FOR USED CARS AND CHIEF TWEED BROUGHT OUT TO COUNCIL THAT NEW 1976 CARS-COULD BE PURCHASED FOR VERY LITTLE ADDITIONAL COST AND WOULD CARRY A FULL FACTORY WARRANTY. MAYOR MACLAY MOVED THAT THE CHIEF BE AUTHORIZED TO ADVERTISE FOR BIDS FOR 1976 CARS. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. THURM MOVED FOR AN ADD ON ITEM REGARDING GROUP HOSPITALIZATION INSURANCE COVERAGE. MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. WOLFMAN TOLD COUNCIL THAT THE RECENT JOHN HANCOCK GROUP INSURANCE PLAN AS BID AND ACCEPTED BY COUNCIL HAD NOT BEEN APPROVED BY THE HOME OFFICE OF JOHN HANCOCK INSURANCE REGARDING ONE POINT OF COVERAGE. MR. BRING, AGENT FOR THE CITY, AND MR. CHARLES ADAMS, WITH JOHN HANCOCK COMPANY, STATED THAT THIS WAS AN ERROR IN THE HOME OFFICE IN MAKING UP THE BID. THE ERROR INVOLVED THE HOSPITAL COVERAGE PORTION. AFTER REVIEW OF THE MATRIX OF ALL PLANS BY COUNCIL, IT WAS DETERMINED THAT JOHN . HANCOCK PLAN WAS STILL THE BEST WITH THE CHANGE. MR. NICHOLAS MOVED THAT THE CITY ACCEPT JOHN HANCOCK BID WITH THE REVISION SUBJECT COUNCIL MINUTES 10 -22 -75 PAaR 3 OF 4 e MICROFILMED 4 -24 -80 TO APPROVAL BY THE HOME OFFICE NO LATER THAN THE CLOSE OF THE BUSINESS DAY THURSDAY, OCTOBER 23 AND RETROACTIVE TO OCTOBER 1, 1975. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 9. DISCUSSION RE: MEETINGS BETWEEN DEPARTMENT HEADS AND COUNCIL IN VIEW OF TWO COUNCIL MEMBERS BEING ABSENT, MR. NICHOLAS MOVED.TO POSTPONE THIS ITEM UNTIL ALL COUNCIL MEMBERS ARE PRESENT. MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEMS 3 & 4. REVIEW OF BUDGET EXPENDITURE & INCOME ITEMS MAYOR MACLAY ASKED IF ANY OF THE COUNCIL MEMBERS HAD ANY FURTHER SUGGESTIONS FOR ADDITIONAL REVENUE OR EXPENSE. CUTS IN THE BUDGET. MRS. THURM OFFERED A PLAN FOR COUNCILtS CONSIDERATION TO CUT ALL CITY EMPLOYEES TO A 32• -HOUR PER WEER BASIS, EXCLUDING THE CHIEF OF POLICE WHO IS UNDER CONTRACT AND THE BUILDING OFFICIAL WHO WOULD BE ON A PART -TIME BASIS. THIS ACTION WOULD.CUT EXPENDITURES BY $62,268 AND WOULD BE SAVING THE JOBS OF ALL CITY EMPLOYEES. COUNCIL MEMBERS FELT THAT THERE WAS MERIT IN THIS PLAN BUT NO ACTION SHOULD BE TAKEN UNTIL THE OTHER COUNCIL MEMBERS WERE PRESENT. MAYOR MACLAY MOVED THAT ITEMS 3 AND\4 OF THE AGENDA BE CONTINUED UNTIL TUESDAY, OCTOBER 28. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION- u MAYOR MACLAY READ A CERTIFICATE OF.APPRECIATION FROM THE COCOA BEACH JAYCEES TO THE CAPE CANAVERAL FIRE DEPART- MENT. MR. FRANK CARUSO GAVE A REPORT ON A MEETING OF THE COMMERCIAL DEVELOPMENT BOARD. MR. FRANCIS ANNOUNCED THAT THE CITY HAD RECEIVED THE CHECK FROM THE PORT FOR FIRE SERVICE DURING THIS FISCAL YEAR. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM, THE MEETING ADJOURNED AT 10:50 P.M. CIVY CLEW APPROVED THIS 28 DAY.OF. OCTOBER , 1975. CITY COUNCIL MINUTES 10 -22 -75 r PAGE 4 OF 4 MICROFILMED 4 -24 -80 14 OCTOBER 1975 ON 14 AUGUST 1974, THE IKAYOR ADDRESSED A IR TO MYSELF AND THE POLICE CHIEF ASKING QUEm6m ABOUT VIOIATICN OF OUR. PRESENT SIGN ORDINANCE. THESE ANSWERS 'WERE GIVEN TO HIM ON 7 JANUARY 1975, ANSWERED AGAIN AS PART OF ITS IE= OF 9 DECE'XM 1974 ASKRG FOR NY DISMISSAL FOR NOT ENFORMU THE SIGN ORDINANCE, AND AGAIN TO COUNCIL ON 16 SEPIEMBER 1975. ON 29 JANUARY 1975, THE MAyoR AMMM LE= ADDRESSED TO RICHARD F. SC=. A COPY WAS 1RECE7= BY HE ON 8 OCMBER 1975 - 8 MIM IN RESPONSE M THIS LETTER, I HOFE IT IS THE FINAL DISCUSSION OF UIS 14 MIMM OLD ITEM. 1. A. B. & C. MM. SIGN RMUM M NO laNGM EK= AT THIS LOCATION. 2. SAME AS ABOVE - SIGN NO IDOM E LISTS AT .7HIS 10CATION. 3. SANS AS TN 1 & 2 - SIGN NO IIMMR MaSTS AT THIS LOCATION. � 4. GRA"ATHERED - PER ORDINANCE 10-72. (SAME QULSUON & SAME ANSWKR GIB M SECTION .2, %rEr! 4, YOUR IEl.TER OF 8/14/74) . 5. GRANDFA - ORDINANCE 10 -72. (SAME QUEMCK & SAID ANT A R GIM TO SECTION 2, ITEM 5, YOUR IEr= OF 8/14/74). 6. A. POSSIBLY ME (3) SIGN ARE IN THE STAZE RIOT OF WAY. CITY HAS NO 1 JURISDICTION. B. NO VIUATION. (SAME q=nCK & SAME ANSWEEL GIM TO SECTION 3, 1"I'0 3, YOUR IE= OF 8/14/74). C. OWNER NUrUM TO REMKM SIGN ON 16 M 1975. PAGE -2- 7. A & S. NON EXISTANT. C. GRANOFATHERED - PER ORD. 10 -72. CSAME QUESTION & SAME ANSWER GIVEN TO SEC. 1, ITEM 4, YOUR LETTER OF 8!14/74)! D. NON EXISTANT. 8. NO VIOLATION. STATE.STATUTE 479.11 DOES NOT PERTAIN TO SIGNS WITHIN THE CORPORATE LIMITS. AS A FINAL COMMENT, IN MY OPINION THESE REPETETIVE.LETTERS ASKING THE SAME QUESTIONS OVER AND OVER, CONSTITUTE HARRASSMENT, AND INTERFERE IN THE DISCHARGE OF MORE IMPORTANT DUTIES WITHIN THE CITY..