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Home My WebLink About03-21-1978 Regular MeetingL. 1} INICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL MARCH 21, 1978 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 21, 1978 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM AT 7:30 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;CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM AND SGT. AT ARMS PHYLLIS NELSON. THE MINUTES OF MARCH 7 WERE APPROVED AS CORRECTED, COUNCIL REVIEWED THE FEBRUARY AND JANUARY TREASURER'S REPORTS. THESE REPORTS HAVE BEEN FILED FOR AUDIT. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO'. 3� --7.8' AMENDING ORDINANCE NO., '10 -75 ZONING REGULATIONS, AMENDING SECTION 638. 3, 638.63 AND 638.83 2ND READING) MRS. BOYD MOVED TO POSTPONE SECOND READING OF THIS •r- ORDINANCE. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ORDINANCE NO.* 5-78• RE:' FLOOD 'DAMAGE P'REVENTI'ON UST READING ATTORNEY SCOTT SUGGESTED COUNCIL REVIEW THIS PROPOSED ORDINANCE AT WORKSHOP BEFORE FIRST READING. MRS. RIGERMAN 5 MOVED TO POSTPONE UNTIL NEXT MEETING. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 6 -78 AMENDING CODE CHAPTER 693 RE: PROHIBITING MOPED$ ON BEACH 1ST READING MAYOR THURM READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 683 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY PROHIBITING THE USE OF ANY NON -HUMAN POWERED VEHICLE FOR TRAVEL UPON THE OCEAN BEACH OR DUNE AREA; REPEALING ALL SECTIONS OF THE CITY CODE OR ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MICROFILMED 4 -24 -80 MRS. RIGERMAN MOVED TO APPROVE FIRST READING. 14AYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 78 -12 RE: APPOINTMENT OF DEPUTY CITY TREASURER MAYOR THURM READ THE RESOLUTION IN FULL INSERTING THE NAME OF AGNES PICKETT. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A DEPUTY CITY TREASURER; PROVIDING AN EFFECTIVE DATE. MAYOR THURM MOVED FOR ADOPTION. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION RE AUTHORIZATION TO ADVERTISEFOR GARBAGE CONTRACT'BIDS MR. WELTON MOVED THAT THE COUNCIL RECOGNIZE. THE. RECEIPT OF MR. HARRIS' LETTER DATED MARCH 16, 1978 AND, IN VIEW OF -THE 4 1 COUNTER - PROPOSAL WHICH MR. HARRIS HAS MADE DEALING WITH INCREASED CONTAINER COSTS, THAT COUNCIL REJECT HIS COUNTER - PROPOSAL. MR. MURPHY SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MR. MURPHY, 14AYOR THURM AND MR. WELTON, OPPOSED, MRS. RIGERMAN. MOTION CARRIED. MR. WELTON EXPLAINED BRIEFLY THE BACK YARD .CONVENTIONAL BID COUNCIL HAD BEFORE'THEM'.' ,,COUNCIL COITMENCED REVIEW OF THE THREE PAGES THAT HAD BEEN CHA14GED SINCE WORKSHOP MEETING. IT WAS NOTED THAT THE.DATE ON PAGE ONE WAS TO REMAIN THE SAME AS ATTORNEY SUGGESTED APRIL 4, 1978 FOR BID OPENING. REVISED PAGE._3 WAS .REVIEWED. IT WAS NOTED THAT THE REVISION TO PARAGRAPH 8 SHOULD HAVE THE WORD "AND" - ,INSERTED BETWEEN THE WORD "LABOR" AND THE WORD "SUPPLY ". ALSO IN PARAGRAPH 8, a..l) INSERT THE WORDS "BEGINNING MAY 1, 1980" BETWEEN THE WORDS "YEAR" AND° "SHALL ". AN ADDITIONAL CHANGE IN PARAGRAPH 8, a. 2) INSERT THE WORDS "BEGINNING WITH THE END OF CONTRACT YEAR ENDING APRIL 30, 1980" BETWEEN THE WORDS "YEAR" AND "DURING ". REVISED PAGE 9, THE PARAGRAPH ON WORKMAN'S COMPENSATION INSURANCE, IN THE SECOND SENTENCE FROM'THE END DELETE THE-WORDS "INSURANCE CARRIER" AND SUBSTITUTE THE WORD "CONTRACTOR ". COUWIL MINUTES 3 -21 -78 PACE 2 OF 4 1 I 1 i '-1 ri r-� i �u i MICROFILMED 4-24-80 AFTER REVIEW OF THE THREE REVISED PAGES, COUNCIL COMMENCED GENERAL REVIEW OF THE BID PROPOSAL AND MADE THE FOLLOWING CHANGES. ON PAGE 7, UNDER THE PARAGRAPH "LEGAL CONDITIONS" DELETE THE LAST SENTENCE OF THE PARAGRAPH AND ADD THE FOLLOWING SENTENCE, "THE CONTRACT WILL NOT BE AWARDED TO ANY CONTRACTOR CURRENTLY IN VIOLATION OF CAPE CANAVERAL CITY ORDINANCES" TO THE END OF THE THIRD PARAGRAPH ON PAGE 6. ON PAGE 13A, PARAGRAPH A.1 AND A.2 U14DER CRITERIA ADD THE WORDS "USING TRASH CANS" AT THE END OF BOTH SENTENCES. UNDER A.3 ADD THE WORDS "THIS INCLUDES 160 IN GROUND" IN PARENTHESIS AND UNDER B. ADD THE WORDS "INCLUDES 28 CONTAINERS ON WHEELS" IN- PARENTHESIS. DISCUSSION FOLLOWED ON POSSIBLE ..REWORDING OF PAGE 13A IN ORDER TO CLARIFY THE FINANCIAL EVALUATION AND THE NUMBER OF CUSTOMERS SPECIFIED IN THE BID. MR. MURPHY GAVE HIS SUGGESTED REWORDINGS ATTORNEY SCOTT WAS ASKED TO RE- PHRASE AND ADD THE NEW PORTION TO THE TOP OF PAGE 13A AFTER. THE FIRST SENTENCE. THE FOLLOWING TWO RE- PHRASED SENTENCES WERE ADDED BY MR. SCOTT, "THE FIGURES BELOW ARE NOT NECESSARILY THE ACTUAL NUMBER OF CUSTOMERS THE CONTRACTOR WILL HAVE, BUT ARE BASED UPON THE ACTUAL DATA AVAILABLE AT THIS TIME. ALL RESPONSIVE BIDS WILL BE CALCULATED BY MULTIPLYING THE DATA BELOW BY YOUR BID PRICES TO DETERMINE THE TOTAL AMOUNT OF YOUR BID AND UPON WHICH THE BID WILL BE AWARDED." MR. WELTON MOVED THAT COUNCIL ISSUE THIS PROPOSAL FOR BID. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS.OSTROM WAS INSTRUCTED TO FORWARD THESE NEW BID PACKAGES TO ALL PREVIOUS GARBAGE CONTRACT BIDDERS ALONG WITH A COVER LETTER EXPLAINING THAT THE NEW BIDS ARE TO BE OPENED ON APRIL 4, 1978. ITEM 5. MOTION RE: APPOINTMENT OF MEMBER TO DISTRICT BEACH EROSION CONTROL ADVISORY COMMITTEE MAYOR THURM EXPLAINED THAT COUNTY COMMISSIONER JOHN HURDLE HAD REQUESTED THAT THE CITY RECOMMEND TO THE COUNTY COMMISSIONERS THE NAME OF A COUNCIL MEMBER OR OTHER INTERESTED PARTY TO SERVE ON'THE BEACH EROSION CONTROL ADVISORY COMMITTEE, DUE TO THE FACT THAT THE CITY HAS NO REPRESENTATION ON THIS COMMITTEE AT THE PRESENT TIME. MAYOR THURM MOVED THAT COUNCIL SUGGEST MR. MURPHY'S NAME TO MR. HURDLE AND REQUEST THAT HE PROPOSE MR. MURPHY'S NAME FOR APPOINTMENT TO COUNTY COMMISSIONERS AT THEIR 14ARCH 22 MEETINGG.z 50TC 8 MIN= MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. PAGE 3 OF 4 si ✓," A MICROFILMED 4 -24.90 ITEM 6. MOTION RE: AUTHORIZATION FOR PAPER BALLOTS MRS. RIGERMAN MOVED THAT THE CITY CLERK BE AUTHORIZED TO PROCEED WITH THE USE OF PAPER BALLOTS FOR THE JUNE ELECTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED-UNANI- MOUSLY. ITEM 7. MOTION RE: AUTHORIZATION TO TRANSFER FUNDS FOR PAYMENT OF BILLS MRS. OSTROM EXPLAINED THE INVOICES ON HAND AS A RESULT OF THE RECENT COURT JUDGMENT REGARDING RUBBISHMAN AS FOLLOWS: RUBBISHMAN — $41,961.44, CPA WITNESSES FROM ORLANDO,— $1,110,.00 INVOICE FROM THE CITY'S ATTORNEYS — $2,887.50 TOTALING $45,958.94. FUTURE INVOICES PERTAINING TO THIS COURT CASE WOULD-BE COMING FROM ATTORNEY STANLEY WOLFMAN AND THE CITY'S AUDITORS FOR COURT APPEARANCES. IN ADDITION TO ABOVE INVOICES MRS. OSTROM HAD A STATEMENT FROM DOBSON, JONES, BJERNING & HOYMAN FOR MISCELLANEOUS SERVICES OVER AND ABOVE AUDIT FEES TOTALING $1,500.00. MR. WELTON MOVED COUNCIL AUTHORIZE MRS. OSTROM TO PAY THE INVOICES PERTAINING TO THE RUBBISHMAN SUIT AND THE INVOICE; FOR MISCELLANEOUS SERVICES FROM THE CITY'S AUDITORS. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL REQUESTED MRS. OSTROM REQUEST CLARIFICATION FROM THE CITY'S AUDITORS ON THEIR CHARGES FOR SERVICES. DISCUSSION AT THIS TIME COUNCIL SET A SPECIAL WORKSHOP ON TUESDAY, MARCH 28 AT 8 :00 P. M. FOR THE PURPOSE OF REVIEWING INSURANCE PROPOSALS FOR CITY EMPLOYEES GROUP INSURANCE PLAN. MRS. BOYD MOVED TO ADD AN ITEM TO THE AGENDA DEALING WITH LOTS 13 AND 14, BLOCK 46. MOTION CARRIED UNANIMOUSLY. MAYOR THURM SECONDED MOTION. MRS. BOYD MOVED TO AUTHORIZE THE CITY ATTORNEY TO TAKE THE NECESSARY STEPS TO ACQUIRE LOTS 13 AND 14, BLOCK 46, EITHER BY PURCHASE OR CONDEMNATION. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR THURM READ A LETTER FROM RICHARD THURM REGARDING HIS RESIGNATION FROM THE BOARD OF ADJUSTMENT, EFFECTIVE MAY 22. MEETING ADJOURNED AT 10:06 P. M. APPROVED THIS 4 DAY OF COUNCIL MINUTES 3 -21 -78 r rmv r+r �o r)nr-1 d r)v d APRIL , 1978.