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07-18-1978 Regular Meeting
n s_ 1s.R MICROFILMED 4.24.80 REGULAR NEETING CITY COUNCIL JULY 18, 1978 • r la► r • w I �� r r w I • • ' �fI )DIZ . WAS HELD ON JULY 18, 1978 AT CITY HAIL, 105 POIK AVENUE, CAPE CANAVERAL, FLORIDA. TIDE MEETM WAS CAUZD M ORDER BY MAYOR ANN H. TH M AT 7:33 P.M. TBE ROLL WAS CALLED BY TiE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THUi7Ni, COUNCIL MMERS L. C. BOYD, P. T. LEE, J. L. MURPHY AND M.A. RTGERMAN; CITY MANAGER ANITA J. OSTROK, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK PATRICIA J. BEAULIEU AMID SGT. AT ARMS JOAN HUDERM. w I 11 r, �+ I I� r ►a+. ... r X11 v 1 ra►1 1 Y� 11 mm:,i�.�l xxi IMA 1. DISCUSSION RE: ACQUISITION OF PROPERTY Y I 'fit r: 1 1 �• 1 • •� • 1 � 11 M C I' • M I� I 1 � M 1 11 ' Y. i' 1 I I rl �(• • �1' • k rH 11 t;' I' III u ` py'll 10 D11 BEFm amcmTo N POSSIBLE I EN% OF FIWCnG N1 PURCHASE OF FIDRIDA, 'r' M AND LIGHT v S PROPERTY MCH ENCOMPASSES LO MWH BLOCK BY M I SFA. COUNCIL DISCUSSED WrM MR. SaWIDER THE ISSUANCE REVENUE r 1 M COULBI BE BANDIED BY HOUGH. ATlDPMY SCDTr INFORMED Cl r V I CHARTER AND STATE LAWS 7IJ- PURCHASE IN TBIS MANNM. COUNCIL DISCUSSED THE QUESTION OF PLACING 'THIS IM4 ON THE o c . • ... M 1 1 M 1 ifli"11101111101 • rI ►�+' • • u • r ►a►' II Sake illil •' ► �� !m M DI' NMI 31' W. I: D1' ' ' 1 '� • M ('� � 1 � D11 I' I I r l DI' 1 1 MICROFILMED 4 -24 -80 TINK 2. DISCUSSION RE: REC244NDATIONS'BY LOCAL'PLANNING AGENCY MRS. : • n MO r fall nW THE PLANNING u ZONING BOARD lay Ul•. SITTING wE LOCAL PIMING AGENCY, I r MEETING OF / REQUESTED INn; IN TO THE ENABLING ORDINANCE NO . WCH 1 7zM311 III `jl =: I�1 Y I I r 11 • r :• • 1 Y I • 1 1�1 • � w I H , ' lull I� ll) I� �• 1 • �• �+� • : • • • r Yall I� I: a1' • Y I • • !!' a�a11 • Y I AU Iol JI' 1al II ' • .'Pall • •' l �• "�'•' •'Ir •' r' •Ir MI I M 0 W r� �• • . • 1 l • : rr • • r• 1 �1' • •�i I� a1• •T• w 'r �+�' 1 111 r 1 rr� r 0,4 D 14 a1• • 1 r• 1 �' • •�r la! ' : n • • ' •Hal• - 11 M • • tip' I r •' � 1al1 • " "• :.YI lal' M X11 M 1 1 rl )D(. • • TCNE ••1 • PLECTRON PAM W/BATTERY (SET MODEL NO. SERIES 1000 1 PIECIRON M ' ' !] al' I' r 1 E' B` iial'Y MODEL NO. SERIES 0• • C•?� +�a+ ;� a� �4;ti��Nl�Ky •i1•a; k•.•i,��# UNIT PRICE QUANTITY TOTAL $ 251.00 6 $ 1,506.00 105.00 6 630.00 $ 355.80 6 $ 2,134.80 I I' ai {• all • • ` ' 1 M I : 11 • a!'� � • ! I` : • 11 by •�•)ul all u,•]Il •)� �;•�� •)� Vii; ra11 �l��t����a'I`��iF.`��`� I' • M' •; 1 l al l 1 • M f • w I• �'4 ;• all • Mai' W I • !• / • 1 : a! •' lal I' I ' ' SECONDED MMON. MlMON • ' tall LWIMDUSLY. GENERAL II WM AM RECREATION REVISI• i al l TO THESE MINUTES. M E 1 REPORT ATTORNEY !K• = C0TJNCIL WITH ' M2a'T ON THE OF M 1 PENDING REPORT = TO TRESE MINUTES. I' SCOTT IS TO REVIEW nE STATUS OF I lalall SUIT AND INFORM •'I C0[UNCIL. •�• • MINUTES >r AC 8 E 2 OF 3 AM STATED - •l 1 la! Y MICROFILMED 4.24 -80 APPROVED THIS 15 DAY OF AUGUST 1978. u r-, 9 MAYOR 01INCM I'rr N= PACE 3 OF 3 AND iw-WWMD -*"jF.TVWWTWI 7—, Lj 1 I 1 BUDGET REVISIONS MICROFILMED 4 -24 -80 7 -18 -78 ACCOUNT NUMBER NAME DEBIT CREDIT 508 Audit 200 514 Elections 200 662 Insurance - Group 300 836 Fees (Judge & Prosecutor) 300 710 General Supplies 2,000 716, Miscellaneous 100 728 Bldg. & Equip. Maint. 500 ' 734 Furniture & Equipment 2,600 . 936.1 Salaries 299 250.89 936.2 OASI 15 " 906 Mileage for Planner 213 265.89,, 1064 Animal. Control Supplies 50 1060 Reserve for Close -Out 50 1122.1 General Insurance 200 2400 Contingency 200 1310 Supplies 100 1354 Dues & Subscriptions 100 1302.1 Salary & Exp. for Subst. Insp. 800 1302 Salaries 800 1422 Group Insurance 400 1428 Maint. & Repairs of Equip. 500 1454 Equipment Fund 17598 2,000 •. 1458 Street Repairs 2,488 2,900 1460 Street Lights 2,000 r 1458 Street Repairs 2,000 1628 Grounds Maint. 300 1610 Supplies 300 602.2 .Clerk /Treas. 150 1064 Animal Control 387 1122.2 Fire 154 1322.2 Bldg. 1,297 1422.2 Street 3,046 1622.2 Parks 504 2410 Uneuployment Comp. 5,538 MICROFILMED 4 -24.80 BZmGE°r REVISIONS RECREATION COMnM ACCOUNT NUMBER NAME DEBIT CREDIT 10506 Travel Expenses (School) 256.04 10522.1 General Insurance 81.00 '10550 General Contingency 337.04 SEWER. 3608 Audit 100.00 3622 Group Insurance 300.00 3622.1 General Insurance 640.00 3622.2 Workmen's Comp. 1,400.00 3628 Maintenance & Repairs 500.00 3634 Capital Items 93.90 3658 Spec. MW. Study 3,033.90 • ~. _ -.R 1 1 1 � MICROFILMED 4 -24 -80 W 'Am RH ©ugh &Co. 924 FLORIDA FEDERAL BUILDING P.O. DRAWER 1051 ST. PETERSBURG, FLORIDA 33731 813 - 896 -5641 22 May 1978 Mrs. Anita J. Ostrom City Clerk and Treasurer City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Dear Anita: William R. Hough Alfred C. Shepard Patrick E. Mann Steve Loaanoff Charles D. Smith Katherine H. Coyle Roy R. Dickson Thomas W. Kerwin George T. Blend James R. Hawkins Edward R. Wulbern Doris Litten Carol Brown Cornelius J. Fagan Robert Evan Ward Thank you for calling us with respect to the possible financing needs of Cape Canaveral for the purpose of financing acquisition of park lands from the Florida Power and Light Company. As I understand it, the City is faced with the possibility of making a purchase for approximately $100,000 of these lands in the near future. May I suggest the marketing through us of $100,000 of Revenue Anticipation Notes payable from a pledge of franchise taxes and payable over a one to ten year period in the amount of $10,000 per year. The cost of issuing these notes will be absorbed by us through mark -up of the bonds and will be paid by the purchasers. We will pay par for the bonds, and the interest rate will be set through negotiation between us and the City should you wish to go this route. It is my experience this would be the most feasible way of proceeding for this acquisition. As always, we stand ready to assist the City of Cape Canaveral in your varying financial needs. With best wishes, I remain, WRH /lr Cordially yours, WILLIAM R. HOUGH & CO. / r William R. Hough STATE, COUNTY AND MUNICIPAL BONDS Date: To: July 18, 1978 Mayor and City Council City of Cape Canaveral, Florida w M1CROFJLMgP 4 -24 -$0 From: Richard F. Scott City Attorney Subject: Status of Lawsuits, City of Cape Canaveral 1. Michael Scott McGee, Plaintiff, vs David C. Fitch, City of Cape Canaveral and Continental Insurance Company, Defendants: Plaintiff, McGee was arrested by Cape Canaveral 'Officer Fitch on September 2, 1976, at George's Steak House for resisting arrest without violence and battery against a police officer. McGee was acquitted by jury trial. He is suing for assault and battery, malicious prosecution, false arrest and false, imprisonment, and is seeking a judgment in excess of $2, 500.00. The firm of Wells, Gaddis & Hallowe of Orlando is representing the City through our insurance carrier, and James Sawyer of Cocoa' is representing Fitch. This case was originally filed in Orange County, but was recently transferred to Brevard County Circuit Court. It will be several months before a trial will be held., 2. Don Clayton, Plaintiff; vs City of Cape Canaveral, Defendant: This case was originally tried last year and a directed verdict. given to the City. Upon appeal, a new trial was ordered for Clayton. A hearing to set a trial date will beheld on Friday, July 21, 1978, at 9:15 a.m., before Judge, David Strawn in Titusville. Clayton has sued the City for false arrest, and malicious prosecution. He formerly owned a building on Johnson Avenue which he rented to a "Bottle Club ". The City arrested Clayton approximately twenty times for a zoning violation based on warrants issued by former Municipal Judge Irving Propper. 3. Acquisition of property owned by Charles and Dicie Sherwin - Lots 13 & 14, Block 46, Avon By The Sea (behind Ben Kori Building): City Attorney is negotiating with owners. If not successful, condemnation proceeding will be started within next thirty days. MICROILMED 4 -24 -84 4. Police Officers' Retirement Trust Fund: The State Insurance Commissioner has taken the position that the money paid to the City for this purpose should be returned; to the State under certain Florida Statutes. Mutual of New York has disagreed with the State and has paid funds directly to departing police officers and intends to pay the remaining officers, who are now with the Sheriff's department, the amounts in the fimd on said officers' behalf. If MONY does this, the City would have to repay the State out of the Cenral Fund. The State Insurance Commissioner has the remedy available to cancel MONY's license in the State if MONY does not comply. If the City owes the State, then we take the position that MONY should reimburse the State these funds. This issue. has not yet been settled.