HomeMy WebLinkAbout01-09-1978 Special MeetingMICROFILM 4
SPECIAL MEETING
CITY COUNCIL
JANUARY 9, 1978
A SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY CANAVERAL WAS HELD ON JANUARY 9, 1978 AT CITY
HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H.
THURM AT 5:38 P.M.
THE ROLL WAS CALLED BY THE CITY'CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM,COUNCIL MEMBERS L.C.
BOYD, J.L. MURPHY, M.A. RIGERMAN AND C.K. WELTON;
ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM
AND SGT. AT ARMS PHYLLIS NELSON.
"ITEM 1. DISCUSSION AND /OR ACTION REGARDING GARBAGE SERVICE
AND CONTRACT
MAYOR THURM EXPLAINED THAT THIS SPECIAL MEETING WAS
CALLED DUE TO THE INCREASE OF COMPLAINTS WITH'THE PRESENT
GARBAGE SERVICE.
MR. MURPHY INFORMED COUNCIL THAT HE HAD TALKED TO
ATTORNEY CARUSO REGARDING THIS PROBLEM. MR. CARUSO HAD CON-
CLUDED THAT UNDER THE DISPUTE PARAGRAPH IN THE CONTRACT THE
CITY COULD WITHHOLD PAYMENT UNTIL THE DISPUTE WAS ARBITRATED.
IT WAS MR. MURPHY'S INTENTION TO WRITE RUBBISHMAN A LETTER
INFORMING HIM THAT DECEMBER'S PAYMENT WOULD BE HELD UNTIL THE
CITY AND RUBBISHMAN COULD ARBITRATE, HOWEVER, MR. WELTON HAD
SPOKEN TO MR. LAVIN AND HE HAD EXPRESSED A DESIRE TO NEGOTIATE
'ALL OF THE PROBLEMS. MR. MURPHY STATED THAT HE WOULD BE WILLING
TO GO ALONG WITH NEGOTIATIONS RATHER THAN GO TO COURT BUT HE
WAS NOT WILLING TO PAY FOR THE DECEMBER SERVICES. COUNCILMAN
MURPHY EXPLAINED THAT THE ABOVE MENTIONED LETTER HAD NOT BEEN
SENT AND HE PRESENTED IT TO COUNCIL AT THIS TIME.
ATTORNEY SCOTT SUGGESTED THAT MR. CARUSO'S LETTER BE
READ AT THIS MEETING AND MADE PART OF. THE RECORD. SUBJECT LETTER
IS ATTACHED TO 'THESE MINUTES. MRS. RIGERMAN READ THE LETTER TO
COUNCIL AT THIS TIME.
DISCUSSION FOLLOWED BETWEEN ATTORNEY ROSE, REPRESENTING
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RUBBISHMAN, AND COUNCIL REGARDING ARBITRATION.AND WITHHOLDING
OF THE DECEMBER PAYMENT.
MRS. BOYD MOVED TO PAY THE PRESENT BILL WITH THE
PROVISION'OF A SERIOUS NEGOTIATING EFFORT ON BOTH SIDES BY
JANUARY 31. MRS. RIGERMAN SECONDED MOTION.
MRS. BOYD MOVED TO AMEND THIS MOTION TO INCLUDE
IN THE NEGOTIATION PROCESS AN AMENDMENT TO THE CONTRACT TO
PROVIDE FOR PENALTY PROVISIONS. MAYOR THURM SECONDED MOTION.
MR. MURPHY FURTHER AMENDED TO STATE IF NO AGREEMENT
IS REACHED BETWEEN THE PARTIES BY JANUARY 31, THE CITY WILL
WITHHOLD MONEY FOR SERVICES NOT RECEIVED RETROCATIVE TO
DECEMBER 1. MR. WELTON SECONDED MOTION.
VOTE ON THE SECOND AMENDMENT WAS AS FOLLOWS: IN
FAVOR, MRS. BOYD, MR. MURPHY, MAYOR THURM AND MR. WELTON,
OPPOSED, MRS. RIGERMAN. MOTION CARRIED. VOTE ON THE FIRST.
.AMENDMENT WAS UNANIMOUSLY IN FAVOR OF MOTION. VOTE ON THE
MAIN MOTION WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MR. MURPHY,
MAYOR THURM'-AND MR. WELTON, OPPOSED, MRS. RIGERMAN. MOTION
CARRIED.
MRS. RIGERMAN MOVED TO ADJOURN AT 6 :47 P. M.-
MAYOR THURM SECONDED MOTION..
APPROVED THIS 17 DAY OF JANUARY,-1978.
MAYOR
CITY CL
LqR
SPECIAL MEETING
1 -9 -78
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LAW OFFICES of
NVOLI E, Kxnsc nr., T13AUH. C I ITS® &► MOSLEY, P A.
FRANK M,WOLFL
MALCOLM R.KIRSCHENBAUM
JOE TEAGUE CARUSO
CURTIS R.MOSLEY
RICHARD F. SCOTT
JAMES S.THERIAC,111
JOHN J.KABBOORO.JR
66 NORTH ATLANTIC AVENUE
POIST OFFICE Box 7 57
COCOA BEACH, FWVTDA 82M
13061703-8814
265 FORTENBERRY AVENUE
POST OFFICE BOA 1871
1305) 783 8818
January 9, 1978
IN REPLY ADDRESS FIRM AT
Cocoa Beach
Rubbishman, Inc.
9029 Jetty Road CERTIFIED MAIL
Cape Canaveral,Florida 32920 RETURN RECEIPT REQUESTED
In Re: City of Cape Canaveral vs Rubbishman, Inc.
Gentlemen:
Our firm represents the City of Cape Canaveral who has
instructed us to advise you that for the month of
December, 1977, you failed to perform in compliance with
the garbage and rubbish collection agreement entered into
between yourself and the City of Cape Canaveral on
October 2, 1977. Inasmuch as your,performance under the
terms of this contract is in dispute the City will with-
hold your claim for payment for the month of December,
1977 until such time as the dispute is resolved. In
the event the dispute cannot be resolved pursuant to
the second sentence of Section 12 of the contract the
City stands ready to appoint an arbitrator and submit
this matter to arbitration for an expeditious and final
determination.
Please be advised and conduct yourself accordingly. The
City further welcomes the opportunity to discuss with
you an attempt to resolve the matters —in dispute. I
remain, °`e
JTC :rb
City of Cape Canaveral
Very `tr youes ,
A
Joe T ague Caruso
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