HomeMy WebLinkAbout11-04-1975 Regular Meetingt
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REGULAR MEETING
CITY COUNCIL
NOVEMBER 4, 1975
MICROFILMED 4.24.80
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON NOVEMBER 4, 1975 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK'S DEPUTY. OFFICIALS
PRESENT WERE: MAYOR FRANKLYN P. MACLAY, COUNCILMEN L.C. NICHOLAS,
E. H. RHAME, G.J. SALVAGGIO AND MRS. ANN THURM, CITY MANAGER
ALBERT J. FRANCIS, CITY ATTORNEY STANLEY WOLFMAN „ CITY CLERK'S
DEPUTY PATRICIA BEAULIEU.
THE MINUTES OF THE OCTOBER 28 MEETING WERE APPROVED AS
READ.
BRIL'EY, WILD & ASS'OC'IATE'S' REPORT - PRESENTED B'Y S'TEVEN THAYER
MR. THAYER REVIEWED BRILEY, WILD'S REPORT RE: VOLUME AND
CHARACTER OF DOMESTIC AND INDUSTRIAL WASTEWATER AT THE CITY'S
SEWER PLANT. AFTER CONSIDERABLE DISCUSSION, MR. RHAME MADE A
MOTION THAT MR. THAYER BE GIVEN A VOTE OF THANKS FROM COUNCIL
FOR A JOB WELL DONE AND THAT THE REPORT BE TRANSMITTED TO THE
PORT AUTHORITY AT THE EARLIEST POSSIBLE TIME IN ORDER FOR ALL
APPLICABLE-PEOPLE TO HAVE A COPY AND THE TRANSMITTAL LETTER CONVEY
TO THE PORT AUTHORITY THAT THIS IS THE CITY'S PHILOSOPHY
RELATIVE TO THE WASTEWATER FROM THE PORT IN THE FUTURE AND THAT
A TIME OF APPROXIMATELY FOUR TO SIR WEEKS BE ESTABLISHED FOR A
NEGOTIATION MEETING TO ESTABLISH NECESSARY RULES OF IMPLEMENTING
THE RECOMMENDATIONS WITH THE PORT. MR. SALVAGGIO SECONDED MOTION..
MAYOR MACLAY MOVED TO AMEND THE MOTION TO CONTINUE MORATORIUM
UNTIL COMPLETION OF THE NEGOTIATIONS AND CONTROLS. MR. RHAME
SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON
THE MAIN MOTION WAS UNANIMOUS. THE CITY MANAGER WAS DIRECTED
TO WRITE THE LETTER AND FORWARD THE REPORTS TO PORT AUTHORITY.
UNFINISHED BUSINESS
MICROFILMED 4 -24.80
ITEM 1. DISCUSSION RE: LIBRARY BUILDING
MRS. THURM EXPLAINED TO COUNCIL THAT LIBRARY BOARD MEMBER
ERNESTINE BUTTE REQUESTED POSTPONEMENT ON THIS ITEM -UNTIL NEXT
WEER. COUNCIL UNANIMOUSLY AGREED TO POSTPONE.
ITEM 2. DISCUSSION RE: MEETINGS BETWEEN DEPARTMENT
HEADS AND COUNCIL.
AFTER SOME DISCUSSION ON THIS ITEM, MR. RHAME MOVED
THAT THE MEETINGS BETWEEN DEPARTMENT HEADS AND COUNCIL AS
SET UP BY MOTION OF COUNCIL AT A PREVIOUS MEETING BE DISCONTINUED
AND THE REPORT FROM THE CITY MANAGER ON A 2 -WEEK BASIS BE SUB-
STITUTED. MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. PBA CONTRACT
MR, FRANCIS REPORTED TO COUNCIL THE ITEMS-'-CHANGED ON,
THE PROPOSED CONTRACT AS COMPARED TO ITEMS IN THE AGREEMENT
COVERING PBA AT THE PRESENT TINE.
VACATION DAYS 255 PRESENT CONTRACT
VACATION DAYS 306 PROPOSED CONTRACT
SICK DAYS 402 PRESENT CONTRACT
SICK DAYS 558 PROPOSED CONTRACT
SICK DAYS 7 DAYS A YEAR PRESENT CONTRACT
SICK DAYS 12 DAYS A YEAR PROPOSED CONTRACT
HE ALSO REPORTED THAT THE PROPOSED CONTRACT AGREES TO
COMPENSATING TIME OFF IN LIEU OF RECEIVING OVERTIME PAY.
MUCH DISCUSSION FOLLOWED REGARDING ARTICLE 16, PARAGRAPH "G"
OF PROPOSED CONTRACT. MR. RHAME SUGGESTED CITY ATTORNEY CHECK
OUT FULLY THE INSURANCE COVERAGE UNDER PRESENT INSURANCE CARRIER.
ARTICLE 11 PARAGRAPH "A" MR. NICHOLAS MADE MOTION
TO AMEND PROPOSED WORK SCHEDULE TO READ, "ANYTHING IN EXCESS OF
160 HOURS BE PAID AT TIME AND ONE -HALF FOR ALL HOURS WORKED OVER
160 IN 28 DAY CYCLE "'. MR. SALVAGGIO SECONDED. VOTE WAS AS FOLLOWS:
IN FAVOR, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO, OPPOSED
MAYOR MACLAY, MRS. THURM. MOTION PASSED.
ARTICLE 14 VACATION MR. RHAME MADE MOTION THAT
ARTICLE 14 "A" REVERT TO THE TEXT OF THE PREVIOUS CONTRACT.
MRS. THURM SECONDED MOTION. MR. NICHOLAS AMENDED MOTION TO LEAVE
ARTICLE INTACT AS IT STANDS IN THE PRESENT CONTRACT. MR. RHAME
SECONDED MOTION. VOTE ON AMENDMENT, IN FAVOR, MAYOR MACLAY,
MR. NICHOLAS, MR. RHAME AND MRS. THURM, OPPOSED, MR. SALVAGGID.
COUNCIL MINUTES
11 -4 -75
- - - PA9E 2 4W 6
MICROFILMED 4 -24 -80
AMENDMENT PASSED. VOTE ON MAIN MOTION: IN FAVOR, MAYOR MACLAY,
MR. NICHOLAS, MR. RHAME AND MRS. THURM. OPPOSED, MR. SALVAGGIO.
MOTION CARRIED.
ARTICLE 15 LEAVE MR. RHAME MOVED THAT SICK LEAVE POLICY
ADHERE TO LAST YEAR'S CONTRACT. MAYOR MACLAY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ARTICLE 15 "C" BEREAVEMENT LEAVE MR. RHAME MOVED TO CLARIFY
THE FOURTH LINE WITH THE FOLLOWING, "MAXIMUM OF TWO ADDITIONAL
DAYS." MAYOR MACLAY SECONDED MOTION. VOTE WAS AS FOLLOWS: IN
FAVOR, MAYOR MACLAY, MR. RHAME AND MR. SALVAGGIO, OPPOSED, MR.
NICHOLAS AND MRS. THURM. MOTION PASSED.
ARTICLE 15 "G" BEREAVEMENT LEAVE MR. NICHOLAS MOVED
TO DELETE SISTER —IN —LAW AND BROTHER —IN —LAW. MR. SALVAGGIO
SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY,
MR. NICHOLAS, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. RHAME.
MOTION PASSED.
ARTICLE 16 "A" MR. RHAME MOVED TO CHANGE ARTICLE L6 ",,A" TO
READ THE SAME AS'�ARTICLE 11 "A ".
MRS. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY.
ARTICLE 16 "I" MR. NICHOLAS MOVED TO INSERT A PERIOD
AFTER THE WORD "OVERTIME" (AT END OF SECOND LINE) MAYOR MACLAY
SECONDED. MOTION PASSED UNANIMOUSLY.
MR. NICHOLAS MADE MOTION THAT COMPENSABLE OVERTIME BE COMPUTED
AT ONE AND ONE HALF HOUR OFF FOR EACH HOUR WORKED. MR. SALVAGGIO
SECONDED. MOTION PASSED UNANIMOUSLY.
ARTICLE 19 WAGES MR. RHAME MOVED TO CHANGE SECOND LINE
FROM "SHOULD FUNDS BECOME AVAILABLE" TO "SHOULD ADDITIONAL
REVENUE BECOME AVAILABLE ". MR. NICHOLAS SECONDED MOTION. MOTION
PASSED UNANIMOUSLY.
MAYOR MACLAY MOVED FOR ACCEPTANCE OF CONTRACT CONTINGENT
ON THE ATTORNEY CHECKING INTO ARTICLE 16, PARAGRAPH "G ", INCLUDING
ALL CHANGES MADE AT THIS MEETING. MR. RHAME SECONDED MOTION.
MOTION PASSED UNANIMOUSLY.
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COUNCIL MINUTES
11 -4 -75
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MICROFILMED 4.24 -80
' NEW BUSINESS
ITEM 1. LIBRARY BOARD RESIGNATIONS
MRS. THURM READ LETTERS FROM RUTH BERNSTEIN AND JAMES
MAHONEY TENDERING THEIR RESIGNATION FROM LIBRARY BOARD AND
MOVED TO ACCEPT RESIGNATIONS WITH REGRET. COUNCILWOMAN ALSO
REQUESTED LETTERS OF APPRECIATION GO OUT TO THE FORMER BOARD MEMBERS.
MR. NICHOLAS SECONDED MOTION. MOTION PASSED UNANIMOUSLY.
ITEM 2. DISCUSSION RE: BUILDING OFFICIAL'S
WORK SCHEDULE
REFERENCE WAS MADE AT THIS TIME TO COUNCIL ACTION AT
THE MEETING OF OCTOBER 21 AND THE NEED TO CLARIFY COUNCIL'S
INTENT. MRS. THURM MOVED THAT THE BUILDING OFFICIAL BE PUT
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ON HALF TIME EFFECTIVE IMMEDIATELY AT $7,500.00 PER YEAR.
MR. SALVAGGIO SECONDED MOTION. MR. RHAME AMENDED MOTION TO
STATE THAT THE TENURE OF THE BUILDING OFFICIAL UNDER THIS
ARRANGEMENT SHALL LAST AS LONG AS FUNDS ARE AVAILABLE IN
THE BUDGET ACCOUNT. MR. SALVAGGIO SECONDED. VOTE ON AMENDMENT
WAS FOLLOWS: IN FAVOR, MR. , RHAME, MR. SALVAGGIO AND MRS. THURM.
OPPOSED, MAYOR MACLAY, MR. NICHOLAS. AMENDMENT PASSED.
VOTE ON THE MAIN MOTION WAS FOLLOWS: IN FAVOR, MRS. THURM, OPPOSED
MAYOR MACLAY, MR. NICHOLAS, MR. RHAME AND MR:. SALVAGGIO. MAIN
MOTION FAILED.
MRS. THURM MOVED THAT THE POSITION OF BUILDING OFFICIAL
BE PUT ON ONE —HALF TIME EFFECTIVE IMMEDIATELY AT ONE HALF HIS
PRESENT SALARY. MR. NICHOLAS SECONDED. VOTE WAS AS FOLLOWS:
IN FAVOR, MAYOR MACLAY, MR. NICHOLAS AND MRS. THURM, OPPOSED MR.
RHAME AND MR. SALVAGGIO. MOTION PASSED.
ITEM 3. DISCUSSION RE: REPRODUCTION OF ZONING
ORDINANCE
MR. RHAME SUGGESTED THE POSSIBILITY THAT THE CITY ENTER INTO
AN ARRANGEMENT WITH XEROX TO USE HIS XEROX 7000 MACHINE WITH THE
CITY PROVIDING THEIR OWN PAPER AND PERHAPS EVEN THEIR OWN LABOR
TO RUN OFF THE NEWLY ADOPTED ZONING ORDINANCE AND VOLUNTEERED
TO CHECK INTO THIS TYPE OF ARRANGEMENT. MAYOR MACLAY SO MOVED.
MR. SALVAGGIO SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MR.
FRANCIS WAS INSTRUCTED TO LOOK INTO THE POSSIBILITY OF THE COUNTY
REPRODUCING THE ORDINANCE FOR THE CITY.
COUNCIL MINUTES
11 -4 -75
PAGE 4 OF 6
ITEM 4. 'RE'SOL'UTI'ON NO',' 75 "A
MICROFILMED 4.24 -80
OF INTEREST
BOARD
MR. RHAME SUGGESTED THAT THE NEXT TIME COUNCIL RULES
OF PROCEDURE ARE MODIFIED THIS BOARD SHOULD BE INCLUDED IN THE
AREA OF INTEREST SECTION.
MR. SALVAGGIO NOMINATED MR. RHAME AS COUNCIL PERSON IN
CHARGE OF THE NEWLY APPOINTED COMMERCIAL DEVELOPMENT BOARD.
MAYOR MACLAY SECONDED. MOTION PASSED UNANIMOUSLY.
MAYOR MACLAY READ THE RESOLUTION ENTITLED AS FOLLOWS:
A RESOLUTION DESIGNATING AN ADDITIONAL AREA
OF INTEREST OF COMMERCIAL DEVELOPMENT BOARD;
BY ASSIGNING A COUNCILMAN TO SAID AREA OF
INTEREST; PROVIDING AN EFFECTIVE DATE.
MAYOR MACLAY MOVED FOR ADOPTION. MRS. THURM SECONDED.
MOTION PASSED UNANIMOUSLY.
ITEM 5. ORDINANCE NO. 27 -75 RE: MODIFYING SCOPE
OF DUTIES OF COMMERCIAL DEVELOPMENT BOARD
(1ST READING)
MR. RHAME READ THE TEXT OF THE ORDINANCE AND EXPLAINED
TO COUNCIL THE REASON FOR THIS ORDINANCE. MR. NICHOLAS MOVED
FOR ADOPTION. MR. SALVAGGIO SECONDED. FIRST READING PASSED
UNANIMOUSLY.
ITEM 6. FILLING OF EMPLOYEE VACANCIES
AFTER SOME DISCUSSION REGARDING THE POLICY OF REPLACING
EMPLOYEE VACANCIES, MRS. THURM SUGGESTED THAT EMPLOYEE VACANCIES
SHOULD BE BROUGHT BEFORE COUNCIL TO ALLOW THEM TO MARE A
DECISION ON FILLING THE OPENING. MR. NICHOLAS SO MOVED. MRS.
THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY.
AT 11:00 P.M. IT WAS NECESSARY FOR MR. SALVAGGIO TO LEAVE
THE MEETING IN ORDER TO REPORT FOR WORK.
ITEM 7. RESOLUTION NO. 75 -47 RE: EXTENSION OF
PORT FIRE FIGHTING AGREEMENT
MAYOR MACLAY READ THE RESOLUTION ENTITLED:
A RESOLUTION APPROVING RENEWAL OF THE FIRE
PROTECTION AGREEMENT BETWEEN THE CITY OF
CAPE CANAVERAL AND THE CANAVERAL PORT AUTHORITY;
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION OF RESOLUTION. MAYOR MACLAY
SECONDED. RESOLUTION PASSED UNANIMOUSLY.
COUNCIL MINUTES
11 -4 -75
PAGE 5 OF 6
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MICROFILMED 4 -24 -80
ITEM 8. MOTION RE: AUTHORIZATION FOR CITY
ATTORNEY TO 'REP'RES'E'NT 'C'TTY IN BARNETT
BANK 'SUT'T .
MR. NICHOLAS MOVED THAT THE CITY ATTORNEY BE AUTHORIZED TO
DEFEND THE CITY IN THE BARNETT BANK SUIT. MR. RHAME SECONDED MOTION.
MOTION PASSED UNANIMOUSLY.
ITEM 9. PURCHASING PROCEDURES
MAYOR MACLAY NOTED THAT WHILE SIGNING CITY CHECKS
THERE HAVE BEEN INSTANCES WHERE HE HAS NOTICED ITEMS PURCHASED
AND CONFIRMING PURCHASE ORDERS HAVE HAD TO BE WRITTEN. MR. FRANCIS
EXPLAINED THAT THIS PURCHASING PROCEDURE IS BEING REVIEWED.
ITEM 10. AUTHORIZATION FOR PAYMENT RING MOTOR
CENTER
MAYOR MACLAY MOVED THAT KING MOTOR CENTER INVOICE NO. 1099
IN THE AMOUNT OF $300.00 FOR THE RENTAL OF POLICE CHIEF'S CAR
AND INVOICE NO. 1145 FOR REPLACEMENT POLICE VEHICLES IN THE AMOUNT
OF $281.41 BE TAKEN OUT OF CONTINGENCY FUND ACCOUNT NO. 2400.
MRS. THURM SECONDED. MOTION PASSED UNANIMOUSLY.
DISCUSSION ITEMS
BREVARD TRANSPORTATION AUTHORITY, VFW POST FLAG RAISING
DAY ON NOVEMBER 11, SANDGRABBER LETTER AND PHOTOGRAPHS
ILLUSTRATING THE EFFECTS OF SANDGRABBER PROJECT ON EROSION,
MRS. THURM'S PRELIMINARY WORK ON SEWER INCREASES AND PORT
AUTHORITY'S LETTER RE: CITY'S CHARGES FOR REPAIRS AT PORT
FOR SEWER.
BY GENERAL CONSENT MEETING ADJOURNED AT 11:45 P.M.
APPROVED THIS 11 DAY OF NOVEMBER 1
CITY CLERK
COUNCIL MINUTES
11 --4 -75
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