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Home My WebLink About02-17-1976 Regular MeetingMICROFILMED 4 -24.80 REGULAR STING CITY COUNCIL FEBRUARY 17, 1976 A REGULAR MEETING.OF THE CITY COUNCIL OF THE CITY' OF CAPE CANAVERAL WAS HELD ON FEBRUARY 17, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL., . FLORIDA AT 7:33-P.M. MACLAY. THE MEETING WAS CALLED TO ORDER BY MAYOR FR,NBLyN P. THE ROLL WAS CALLED._ BY THE . DEPUTY.. CITY CLERK -... OFFICIALS . PRESENT WERE: MAYOR FRANKL'YN.. P. - MACLAY, COUNCILMEN L.. C. NICHOLAS # G.J. SALVAGGIO.AND MRS. ANN THURM, COUNCILMAN E.H. "WAS OUT OF T DUE TO BUSI'NESSp- CITY MANAGER ALERT J. FRANCIS,- ASSISTANT CITY ATTORNEY RICHARD F. - SCOTT,. DEPUTY CITY CLERK PATRICIA. J BEAULIEU, SGT. AT ARMS WILLARD COiRS. THE *WagUTES OF FEBRUARY 10 WERE APPROVED AS CORRECTED. NEW BUSINESS ITEM I. CITY MANAGERTS REPORT: ON POLICE ACTIVITY MR. FRANCIS DISTRIBUTED TO COUNCIL COPIES..OF POLICE CHIEF TWEED'S REPORT ON POLICE ACTIVITIES COUNCIL QUESTIONED CHIEF TWEED ON DIFFERENT ASPECTS.OF_THE- _REPORT. MAYOR MACLAY AND MRS. THURK THANKED THE CHIEF FOR SUBMITTING THIS INFORMATIVE REPORT. ITEM 2. ORDINANCE 3 -76 RE: EXCAVATION.CODE {1ST READING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ADOPTING THE SOUTHERN STANDARD EXCAVATION AND GRADING CODE.FOR THE PURPOSE OF ESTABLISHING RULES AND REGULATIONS FOR ALL EXCAVATION AND GRADING CONDUCTED WITHIN THE CITY OF CAPE CANAVERAL,.FLORIDA;.PROVIDING FOR PENALTIES FOR'VIOLATION;- REPEALING ALL ORDINANCES OR PARTS THEREOF, OR CODE OF THE CITY OF CAPE CANAVERAL WHICH ARE IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR MACLAY MOVED FOR ADOPTION, MR. SALVAGGIO SECONDED MOTION, MOTION PASSED UNANIMOUSLY. FIRST READING ITEM 3. RESOLUTION 76 -4 FULL -TIME CITY ATTORNEY MR. FRANCIS READ COUNCIL HIS OW. DUM REGARDI9Q THE SERVICES OF A FULL -TIME CITY ATTORNEY AND THE COSTS INVOLVED. _. r x 9 MICROFILMED 4.24.80 IN SUCH A MOVE AS OPPOSED TO THE PRESENT METHOD OF PAYMENT FOR ATTORNEY'S SERVICES ON MONTHLY FEE BASIS PLUS BILLING FOR EXTRA SERVICES. MR. FRANCIS' MEMO- RANDUM IS ATTACHED TQ THESE MINUTES. - i` - -'• � t, =1 DISCUSSION WAS HELD ON THE FOLLOWING: DUTIES AND SERVICES TO BE RENDERED UNDER AN APPOINTMENT OF THIS TYPE, MONIES INVOLVED IN THIS NEW POSITION, MR. SCOTT CONTINUING ON AS CITY PROSECUTOR UNTIL CITY COURT IS ABOLISHED, THE FACT THAT A RESIGNATION HAD NOT.BEEN TENDERED.BY MR: WOLFMAN, THE APPOINTMENT OF BOTH MR. WOLFMAN AND MR.. SCOTT.WEREµBY TWO RESOLUTIONS AND - THE "MANNER IN WHICH OFFICIAL ACTION TO HIRE MR. SCOTT- SHOULD BE IMPLEMENTED. MR... SALVAGGIO MOVED THAT THE 'SERVICES OF MR., . WOLFMAN. BT"- TERMINATED ON MARCH 1, 1976. .THIS MOTION FAILED FOR LACK OF -A SECOND` MRS-. TSURM FELT THAT SINCE COULCIL DID_ NOT HAVE. A RESIGNATION-FROM MR. WOLFMAN, FORMAL ACTION SHOULD BE BY RESOLUTION. MR, SALVAGGIO REQUESTED THAT A RESOLUTION..FERTAINING TO.CITY ATTORNEY BE ON THE FEBRUARY 24 AGENDA. MAYOR MACLAY MOVED TO PUT RESOLUTION: 76 -4. ON. THE ` FLOOR AND FOR 'ADOPTION OF THE RESOLUTION. MR. SALVAGGIO SECONDED MOTION a MAYOR MACLAY READ THE RESOLUTION IN .FULL. ENTITLED.. A RESOLUTION APPOINTING CITY ATTORNEY; PROVIDING FOR THE COMPENSATION FOR SAID CITY ATTORNEY PROVIDING FOR AN EFFECTIVE DATE. MRS. THURM MOVED TO INSERT THE NAME. OF RICHARD—F,.... SCOTT IN SECTION 1, INSERT $1,200.00 PER MONTH.IN.SECTION.2. _ AND CHANGE SECTION 3 FROM "EFFECTIVE IMMEDIATELY:UPON_ADOPTION" TO "EFFECTIVE ON MARCH 1, 1976." .MR. SALVAGGIO SECONDED.MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION,` AS AMENDED, WAS UNANIMOUS�< ITEM 4. CITY MANAGER'S REPORT RE: ADDITIONAL RUBBISHMAN EXPENSES MR. FRANCIS REVIEWED HIS REPORT WITH COUNCIL AND THE BREAKDOWN OF FIGURES FOR THE TOTAL ESTIMATED COST OF GARBAGE FOR THIS FISCAL YEAR. COPY OF REPORT ATTACHED TO THESE MINUTES. CITY COUNCIL MINUTES 2 -17 ?76 PAGE -2 OF 3 PAGES, -PLUS ATTACHMENTS MICROFILMED 4v941*18 ITEM 5. AUTHORIZATION FOR SALE OF- TICKETS -AND ADVERTISING BY POLICE OFFICERS AFTER SOME DISCUSSION, MAYOR MACLAY MOVED TO ALLOW TWO POLICEMEN TO SELL TICKETS AND ADVERTISING DURING WORKING HOURS FOR A PERIOD OF TWO WEEKS. MR. SALVAGGIO SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY AND MR. SALVAGGIO, OPPOSED, MR. NICHOLAS AND MRS. THURM. MOTION FAILED. ITEM 6. FUNDS FOR MAYOR'S TRIP MR. FRANCIS EXPLAINED THAT THE MAYOR'S EXPENSES FOR-HIS UPCOMING TRIP HAb_BEEN APPROVED AT COUNCIL MEETING OF FEBRUARY 10. SINCE THE CONTINGENCY FUND HAS BEEN ELIMINATED FROM THE BUDGET, HE REQUESTED COUNCIL SUGGEST WHERE THE FUNDS SHOULD COME FROM. IT WAS COUNCIL °S FEELING THAT FINDING THESE FUNDS COULD BE' LEFT UP TO THE CITY MANAGER'S DISCRETION. DISCUSSION ITEMS MR. FRANCIS REPORTED RECEIVING'A LETTER FROM P.E.R.C. REGARDING CHARGES BROUGHT AGAINST THE CITY BY THE POLICE BENE- VOLENT ASSOCIATION. THE P.B.A. HAS FILED A WITHDRAWAL REQUEST FORM. THE CITY MANAGER ALSO.REPORTED RECEIVING A.LETTER OF ACKNOWLEDGMENT REGARDING THE LIGHTING IN COCOA PALMS TRAILER PARK FROM FLORIDA POWER & LIGHT COMPANY. MRS. THURM REPORTED THAT THE CITY LIBRARY BOARD HAS SIGNED A CONTRACT WITH THE COUNTY`.: MAYOR MACLAY READ A MEMO,FROM OFFICER WILLARD CONYERS INFORMING COUNCIL THAT OFFICER CONYERS IS THE NEWLY- ELECTED REPRESENTATIVE OF THE P.B.A. MR. NICHOLAS REPORTED THAT THE PLANNING AND ZONING BOARD RECOMMENDED THAT THE SIDEWALK PORTION OF THE ZONING ORDINANCE BE LEFT INTACT. BY_MOTION OF MR. SALVAGGIO, SECONDED BY MAYOR MACLAY, FEBR PM , 1976. MAYOR CITY COUNCIL MINU S 2 -17 -76 PAGE.3 OF 3 PAGES,.PLUS- ATTACHMENTS MICROFILMED 4 -24 -80 i ti LM:i•A . •a ' • e s t' .. " 1O: MAYM Aim CITY COONCIL HM- MY MANAM MjjLk I D►i n i I M is in to. ; I SrC .il$ the utill tation of full -time City Attorney as compared to our Wesent, - of payamt for legal services. my r aaa(tCi.ea - r on that the obtain the services Of a City Attorney -Aio will provide the City with all legal services. as.'may be required at a pre-detemmined ammial or monthly retainex. I bave, bad preliminary r .ter discussions re_r a services Vith the present assistant Cjty.Atwxneyt Richard F. Scott, TAM bas. At the present time, we have budgeted for legal services fees . of $8,700, Supplies of $545.00 and. Cmd gency of $5,800. Mr. Stanley. Wolin, the present Citq. Attorney, is paid the monthly fee. of $7'..5.00 vhi ch fee a =mpasses attendance at all regular Council. Meet: and uorksbops, if any, and for drafting anti .preparation of all. resolutions and ordinances as may be required. All other legal services such as litigation, drafting and reviewing contracts, r mr-h of various legal problems, attendance at . Board of Adjustment meettnjgr-and hearings and any, other legal services requested of him are bM d at the h_aurly rate of $35.00. At r•.' present time, the r.•i w ''s! {'. • is CA r.-_-`• by due to increased •.oma d for - services -1 • cases involvixg the City. It is antLcipated that an additional four or five thousand dollars wM be needed in the fund for legal services for the r-minder of this fiscal year. StM pending are cases iuvolming sewer rates, zoning dunges, and possible appeal in the Clayton arui McGrath cases. 2wre are prcblems not adstiM, in the building department regarding ig r rm - & r._ v- apparently s. =_1t issued _a • final bas allmady been made for the C3.ty Attorney to draft contracts for various vendors and at the . .. Complex. A' VT W _ _ 2 -17 -76 MICROFILMED 4.24.80 PACE 2 for the past several. years, it is vy Based on the current level of spending.for legal services and based upon expendi ' __ .. on that the Council autborize an armual fee for all legal -services -in the awunt of $14,400 or $1,200 per mcnth In addition, $600.00 Abould be budgeted for court costs and travel in the event out of county travel is reqWxed, and $545.00 for supplies.- Mr. Scott would accept this for the remainder of this fiscal ' °° . and it is it _ -:1, -i • _ aai _• to council rhe budget be revised. and such am offer be made to biaL Due to the fact that -tho CIty Court vill. be aboUsbed next year, and the sailary'for bas already been budgeted I •.a=7 Court s,- eitti wren• - revision • these _1t t. mist be tr .,- next fiscal Yates - • . _. .:. wt recommend. that Council tt _ any. w ct.c• this _ _. r izxd I next fiscal • ' i .. r_ A Y� �I:t 1a1 � � ��' i 'M■ '1� 11' Yom. r MICROFILMED 4 -24 -80 TOTAL ESTIMATED COST OF GARBAGE FOR THIS FISCAL YEAR 1) Paid to pate - Five (5) Montk6 $ 65,403.66 2) Se=ement. diciated by Cou&t to JanuaAy 14t $ 7,350.78 3) Adju6tueni joA. Jam vW 6 Febwaxy - bsed. on Cou&t V ec ia.i.on (Hidden Hanboit ) Uni A - $719.04 -- Dumpbteta - $59:.60 $ 7770 64 4) Adjaibtuent jots Januatay 6 Febnuatay - based on Coin Veaialon (Canavvwt ToweA6) UnU - $24.8.24 -- VwV4teA - $34.18 $ 282.42. 5) Container AdjuA tnent goA Jaruaany 6 FebAuaAy . pe& Coutrt V'ecia.ion $ 205.12 6) Approximate Cass, JoA Febnuwcy, Matach 6: ApAW BAed on PAe6ent Rates $ 42,446.40 * Thi.-6 64une based on $2,000.00 coat pen month Babe PAiee ($14,148.00 pen month) 7) App)wxi=te Coat joA May, June, Jut y 6 Augu,6.t Baa ed on PoAA bee 10 0 colt o f tiv c.ng :index in- CAME ($15,400.00 peA month) base - Startr ii ng May 1,6.t $ 61, 600.00 Tot'ae E6timated Fon Yeats $178,266.02 ATTACEbM1T M COL14M MIND 2 -17 -76