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HomeMy WebLinkAbout01-27-1976 Regular MeetingA L MICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL JANUARY 27, 1976 A'REGULAR MEEFTINQ —OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JANUARY 27, 1976 AT CITY HALL, 105 POLK AVENUE,'CAPE CANAVERAL, FLORIDA AT 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. MACLAY r THE ROLL WAS 'CALLED BY THE'CITY CLERK. 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, ASSISTANT CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J OSTROM, SGT. AT ARMS CHIEF TWEED. THE MINUTES OF JANUARY 20 WERE APPROVED AS CORRECTED. JOHN HANNA DISCUSSION RE: 201 FACILITIES PLAN ® E.P.A. IN ILTRATION INFLOW ANALYST MR. JOHN.HANNA, COUNTY PLANNING DIRECTOR, DISCUSSED WITH COUNCIL THE "201" GRANT PROGRAM. HE..STATED.THAT STEP TWO IN THE APPLICATION WAS SEWER SYSTEM EVALUATION INVOLVING A STUDY OF INFILTRATION /INFLOW AT EACH PLANT. THE COUNTY HAS BEEN DIVIDED INTO THREE tEMM FOR THE PURPOSE OF THIS STUDY AND THE CITY OF COCOA WOULD DO THE INFILTRATION STUDY FOR THE CITY OF CAPE CANAVERAL IF OUR COUNCIL WAS AGREEABLE. HE FURTHER STATED THAT THE CITY WOULD BE ASKED ONLY TO FURNISH INFORMATION AND DOCUMENTS AS NEEDED. MR. HANNA TOLD COUNCIL THAT THE PHASE ONE STUDY OF OUR PLANT HAD BEEN COMPLETED AND ACCEPTED AND THE COST SHOULD BE REIMBURSABLE. TO THE CITY WHEN FUNDS ARE RELEASED. MR. RHAME MOVED THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO A LETTER OF AGREEMENT WITH THE CITY OF COCOA FOR THE PURPOSE OF AUTHORIZING THE CITY OF COCOA TO DO THE INFILTRATION /INFLOW ANALYSIS AS DESCRIBED BY MR. HANNA. MOTION CARRIED UNANIMOUSLY.. UNFINISHED BUSINESS ITEM 1e EMPLOYEE EVALUATION MRS. THURM SECONDED MOTION.' MAYOR MACLAY MOVED THAT THIS ITEM BE POSTPONED FOR ONE WEEK. MOTION FAILED FOR LACK OF A SECOND. COUNCIL MEMBERS AND THE CITY MANAGER DISCUSSED THE STATUS OF CONDITIONS AT THE A F" MICROFILMED 4.24.80 4 POLLUTION CONTROL PLANT AT THIS TIME. IT WAS COUNCIL'S FEELING THAT THIS PROBLEM SHOULD BE HANDLED ADMINISTRATIVELY BY THE CITY MANAGER IN WHATEVER WAY HE FOUND NECESSARY. MAYOR MACLAY MOVED THAT THIS ITEM BE REFERRED BACK TO THE CITY MANAGER FOR FURTHER APPRAISAL AND ACTION. MR. RHAME SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. BUDGET REVISION COUNCIL HAD BEFORE THEM A TREASURER'S REPORT SHOWING PERCENTAGES OF INCOME AND EXPENDITURES AS OF DECEMBER 31, 1975. MR. FRANCIS EXPLAINED BRIEFLY SOME OF THE ITEMS ON THIS REPORT. MR. NICHOLAS ASKED WHY THE CITY COULD NOT ENCUMBER FUNDS IN THE ANNUAL BUDGET. MR. RON JONES, AUDITOR FOR THE CTIY,: EXPLAINED THAT OUR BUDGET HAD ALWAYS BEEN SET UP ON A CASH BASIS. IN PREPARING A BUDGET AT THE END OF THE FISCAL YEAR ACCOUNTS PAYABLE COULD BE ALLOWED FOR, WITH DEPARTMENT HEADS FURNISHING INFORMATION AS TO OUTSTANDING PURCHASES OR ENCUMBERED FUNDS TO THE PERSON PREPARING THE BUDGET. MR. JONES FURTHER EXPLAINED THAT THE CITY'.S BOOKKEEPING MACHINE AND RECORDS HAD BEEN DESIGNED AROUND A CASH BASIS SYSTEM. HE ESTIMATED THAT A CHANGE OVER TO ENCUMBRANCE SYSTEM WOULD INVOLVE A COST OF ANYWHERE BETWEEN $12,000 AND $30,000. AT THIS TIME, MR. RHAME MOVED THAT THIS ITEM BE POST -- PONED UNTIL AFTER CONSIDERATION OF ITEM 1, UNDER NEW BUSINESS. MR. SALVAGGIO SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. NICHOLAS. MOTION CARRIED. NEW BUSINESS ITEM 1. RESOLUTION RE: REPEAL OF-3 MILL;AD VALOREM-TAX. ORDINANCE RE: IMPOSING A ESC L O F S MR. SALVAGGIO PROPOSED TO COUNCIL THAT GARBAGE COLLECTION FEES BE IMPOSED AS FOLLOWS: SINGLE FAMILY $4.50 PER MONTH APARTMENTS,-DUPLEXES, CONDOMINIUMS, TRAILER UNITS ETC, $3.50 PER MONTH COMMERCIAL $.50 PER CUBIC YARD PER MONTH AND MOVED FOR ADOPTION OF AN ORDINANCE INCLUDING THESE FEES. MOTION FAILED FOR LACK OF A SECOND. COUNCIL MINUTES 1-27-76 PAGE 2 OF 4 - MICROFILMED 4 -24.80 MR. MUM MOVED THAT ORDINANCE 32 -75 AS AMENDED AT THE JANUARY 20, 1976, MEETING BE ADOPTED. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME AND MRS. THURM, OPPOSED MAYOR MACLAY, MR. NICHOLAS AND MR. SALVAGGIO. MOTION FAILED.. NO FURTHER ACTION ON THIS ITEM. UNFINISHED BUSINESS ITEM 2. BUDGET'REVISION MR. SCOTT POINTED OUT TO COUNCIL THAT AS LONG AS THE BUDGET WAS NOT BALANCED, THE CITY WAS IN VIOLATION OF STATE LAW. MR.. RHAME POINTED OUT THAT IN ORDER TO BALANCE THE BUDGET BY CUTTING PERSONNEL IT WOULD REQUIRE TERMINATING TWELVE AVERAGE SALARIED EMPLOYEES BY FEBRUARY 1. MAYOR MACLAY MOVED THAT THE CITY ENACT AN ORDINANCE T.O IMPOSE THE 10 PERCENT UTILITY TAX ON CABLE TELEVISION, DELETE THE $27,000 ALLOCATED FOR FIRE EQUIPMENT AND DELETE THE BALANCE IN THE CONTINGENCY FUND IN ORDER TO BRING THE BUDGET INTO BALANCE. MR. NICHOLAS SECONDED THE MOTION. VOTE WAS AS FOLLOWS. IN FAVOR, MAYOR MACLAY, MR. NICHOLAS AND MRS. THURM, OPPOSED, MR. RHAME AND MR. SALVAGGIO. MOTION CARRIED. MR. RHAME MOVED THAT THE $50,000 GARBAGE FEE INCOME ITEM BE DELETED FROM THE BUDGET. MAYOR MACLAY SECONDED MOTION. MOTION CARRIED- A3NANIMOUSLY. NEW BUSINESS ITEM 2. BOARD OF ADJUSTMENT MEMBER'S LETTER OF RESIGNATION MR. D. ANDERSON MAYOR MACLAY READ A LETTER OF RESIGNATION FROM;THE BOARD OF ADJUSTMENT OF MR. DEWEY ANDERSON. MRS. THURM MOVED THAT MR. ANDERSON'S RESIGNATION BE ACCEPTED WITH REGRET AND THAT A LETTER OF APPRECIATION BE FORWARDED TO MR. ANDERSON. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THE REQUEST OF MR. SCOTT, MAYOR MACLAY MOVED THAT ITEMS 3, 4 AND 5 BE POSTPONED TO THE NEXT MEETING ON FEBRUARY 3. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. SCOTT ANNOUNCED THAT THE COURT HAD RULED IN FAVOR OF THE CITY IN THE MCGRATH- CLAYTON SUIT. HE ALSO STATED THAT COUNCIL MINUTES 1 -27 -76 PAGE -3 OF 4 MICROFILItiIE® 4 -24 -80 A DECISION ON RUBBISHMAN SUIT SHOULD BE FORTHCOMING WITHIN A FEW DAYS. MR. RHAME MOVED TO-ADD AN ITEM TO THE AGENDA, RESOLUTION NO. 76 -2, WHICH AUTHORIZED THE CHIEF OF POLICE TO FILE AN APPLICATION FOR LEAA FUNDS. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MACLAY READ RESOLUTION 76 -2 IN FULL ENTITLED: A RESOLUTIOWIAUTHORIZING THE CHIEF OF POLICE OF THE CITY OF CAPE CANAVERAL POLICE DEPARTMENT TO FILE AN APPLICATION FOR A FEDERAL GRANT, THROUGH THE FLORIDA BUREAU OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE, SAID GRANT TO BE USED FOR IMPROVING AND UPDATING THE CAPE CANAVERAL POLICE DEPARTMENT'S COMMUNICATION SYSTEM ACCORDING TO THE REQUIREMENTS OF THE FLORIDA LAW ENFORCEMENT COMMISSIONS PLAN; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. MR. RHAME SECONDED MOTION. CHIEF TWEED EXPLAINED TO.-COUNCIL THAT THIS GRANT WAS TO BE USED FOR A REPEATER COMMUNICATION SYSTEM AND. THAT IT WAS VITALLY NECESSARY IF OUR POLICE DEPARTMENT WAS TO CONTINUE HAVING COMMUNICATIONS WITH OTHER POLICE DEPARTMENTS IN THE AREA. THE QUESTION AROSE AS TO THE PERCENTAGE OF THE FUNDS THAT THE CITY WOULD HAVE TO FURNISH AND THE WORDING IN THE RESOLUTION. MR. RHAME MOVED THAT SECTION 4, FIRST AND SECOND LINES BE AMENDED FROM, "THAT THE APPLICANT IS AWARE TEAT AT LEAST FIFTY (50) PERCENT OF THE TOTAL REQUIRED NON- FEDERAL COST," „SHOULD READ, NOT MORE THAN FIVE (5) PERC MRS. THURM SECONDED MOTION. VOTE ON THE MAIN MOTION, AS 76 -2 WAS ADOPTED. "THAT THE`APPLICANT IS AWARE.THAT ENT OF THE TOTAL REQUIRED COST,” MOTION TO AMEND CARRIED UNANIMOUSLY AMENDED, WAS UNANIMOUS. RESOLUTION BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM, MEETING ADJOURNED'AT 10:00 P.M. APPROVED THIS 3 DAY OF FEBRUARY , 1976. (2A, CITY CLERK COUNCIL MINUTES. 1 -27 -76 PAGE 4 OF 4