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HomeMy WebLinkAbout06-05-1979 Regular Meeting1 MICROFILMED 4 -24 -80 CITY COUNCIL REGULAR MEETING JUNE 5, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JUNE 5, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM AT 7:36 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T. LEE AND M.A. RIGERMAN; CITY ATTORNEY RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM, CITY CLERK PATRICIA J. BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL. THE MINUTES OF THE MAY 15, 1979 MEETING WERE APPROVED AS READ. NEW BUSINESS ITEM 1. ORDINANCE NO. 8 -79 AMENDING ZONING ORDINANCE N0. 10-75, SECTIONS , 7.92 (FIRST AND 636.03 I CITY ATTORNEY SCOTT EXPLAINED TO COUNCIL THAT THIS ORDINANCE HAD NOT BEEN DRAFTED. MR. LEE MOVED TO POSTPONE FIRST READING UNTIL THE NEXT REGULAR MEETING. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ATTORNEY SCOTT INFORMED COUNCIL AND INTERESTED PARTIES IN THE AUDIENCE THAT THIS ORDINANCE WOULD BE DRAFTED AND AVAILABLE FOR REVIEW BY JUNE 11. ITEM 2. ORDINANCE NO. 9 -79 AMENDING CODE CHAPTER 351.06 CODE CHAPTER GRIEVANCE ROCEDURE MAYOR THURM READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 351, PERSONNEL POLICY, OF THE CODE OF THE CITY OF -CAPE CANAVERAL, FLORIDA, BY ESTABLISHING MAXIMUM TIME PERIODS FOR THE HANDLING OF COMPLAINTS AND GRIEVANCES, BY AMENDING CHAPTER 361, ADMINISTRATIVE REVIEW, BY ESTABLISHING MAXIMUM TIME PERIODS FOR FINAL DETERMINATION FOR ADMINISTRATIVE REVIEW JUDGE, BY REPEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH, BY PROVIDING AN EFFECTIVE DATE. MICROFILMED 4 -24 -80 -04 :r. MRS. BOYD MOVED TO APPROVE FIRST READING. MRS. CALVERT IT WAS EXPLAINED THAT THIS AMENDMENT WAS NECESSARY TO COMPLY WITH A REQUEST FOR TIME FRAMES IN THE CITY'S GRIEVANCE PROCEDURE. THIS REQUEST CAME FROM MR. METCALF OF THE SPECIAL PROGRAM'S OFFICE OF BREVARD COUNTY. MAYOR THURM REQUESTED THAT ATTORNEY SCOTT PROVIDE MR. METCALF WITH A COPY FOR HIS REVIEW PRIOR TO SECOND READING. MOTION ON THE FLOOR FOR APPROVAL OF FIRST READING CARRIED UNANIMOUSLY.. ITEM 3. ORDINANCE NO. 10 -79 RE: AMENDING ZONING ORDINANCE , SECTION 637.11 MINIMUM LOT AREA R- PERMISSION TO ADVERTISE) MAYOR THURM READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING THE AREA AND DIMENSION REGULATIONS OF THE R -1 ZONING DISTRICT, BY REDUCING THE MINIMUM LOT AREA FROM 10,000 SQUARE FEET TO 7,500 SQUARE FEET; BY REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR THURM MOVED TO GRANT PERMISSION TO ADVERTISE. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEMS 4 AND 5 WERE POSTPONED UNTIL LATER IN THE MEETING DUE TO THE FACT THAT THE ELECTION BOARD HAD NOT COMPLETED THE BALLOT COUNTING AT THE POLLS. ITEM 6. RESOLUTION NO. 79 -21 RE: ACCEPTING PORT SEWER LINE'S MAIN S ATTORNEY SCOTT EXPLAINED THAT THE PORT ATTORNEY HAD RE- DRAFTED THE EASEMENT AND IT HAD BEEN SENT TO BRILEY, WILD & ASSOCIATES FOR APPROVAL. MR. SCOTT SUGGESTED COUNCIL WAIT FOR THE ENGINEERS APPROVAL PRIOR TO ACCEPTING THE SEWER LINES. HE ALSO INFORMED COUNCIL THAT THE PORT COMMISSIONERS WILL ACT ON THIS AT THEIR JUNE 13 MEETING. MR. LEE MOVED TO POSTPONE THIS ITEM. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 6 -5 -79 PAGE 2 OF 4 PAGES t 1 1 j MICROFILMED 4.24 -80 ITEM 7. MOTION TO ACCEPT RESIGNATION OF BOARD OF ADJUSTMENT MEMBER RESOLUTION 0. -22 RE: APPOINTING MEMBER 0 BOARD OF JU TMENT MAYOR THURM READ A LETTER FROM JOAN CALVERT TENDERING HER RESIGNATION FROM THE BOARD OF ADJUSTMENT. MAYOR THURM MOVED TO ACCEPT THE RESIGNATION. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR THURM READ RESOLUTION NO. 79 -22 INSERTING THE NAME OF RUSSELL LLOYD WITH A TERM TO EXPIRE ON OCTOBER 19, 1979. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE MRS. RIGERMAN MOVED FOR ADOPTION OF THE RESOLUTION. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. MOTION RE: AWARD OF SEWER PLANT BID FOR CLEANING DI ESTER MAYOR THURM READ THE BASE BID PRICES FROM THE THREE COMPANIES THAT RESPONDED. FRENZ ENTERPRISES, INC. $13,400 TISDALE'S SANITARY SERVICE 26,920 DOLFRAM, INC. 47,082 DISCUSSION FOLLOWED REGARDING THE FACT THAT THERE WAS A POSSIBILITY THAT THE LOWEST BIDDER, FRENZ, DID NOT MEET THE SPECIFICATIONS OF THE CONTRACT IN THE STRICKEST SENSE DUE TO THE FACT THAT HIS EXPERIENCE OF OVER FIVE YEARS DID NOT INCLUDE FIVE YEARS OF DIGESTER CLEANING. CITY MANAGER OSTROM INFORMED COUNCIL THAT THE CITY'S ENGINEERS WERE FORWARDING A LETTER WHICH WOULD INDICATE THAT THEY WERE OF THE OPINION THAT THE EXPERIENCE OF FRENZ WOULD BE SATISFACTORY AND COVER THE REQUIREMENTS OF THE CONTRACT.. ATTORNEY SCOTT INFORMED COUNCIL THAT IT WAS HIS OPINION THAT THE CITY COULD LEGALLY AWARD THE CONTRACT TO FRENZ. MR. LEE MOVED TO REJECT ALL BIDS AND READVERTISE FOR BIDS RELYING ON RECOMMENDATIONS OF THE CITY'S ENGINEERS FOR THE SPECIFICATIONS. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 6 -5 -79 PAGE 3 OF 4 WAGES 4-24-80 MICROFILMED AT 8:12 P.M. THE MEETING RECESSED IN ORDER TO ALLOW THE CITY CLERK AND CLERK OF THE ELECTION TO CHECK THE PRECINCT REGISTER FOR PERSONS WHO HAD VOTED ABSENTEE. 'C. ITEM 4. TABULATION AND CERTIFICATION OF ABSENTEE BALLOTS THE MEETING RE- CONVENED AT 8:37. MAYOR THURM PROCEEDED TO OPEN AND CALL THE 32 ABSENTEE VOTES. RESULTS OF ABSENTEE VOTING WERE AS FOLLOWS: JOHNSON L. MURPHY, JR. 23 MARILYN A. RIGERMAN 9 ITEM 5. RESOLUTION NO. 79 -20 CERTIFYING RESULTS OF VT VrfrT/1AT MAYOR THURM READ THE RESOLUTION INSERTING THE RESULTS OF THE VOTE AT THE POLLS AS FOLLOWS: JOHNSON L. MURPHY, JR. 547 MARILYN A. RIGERMAN 208 RESULTS OF THE ABSENTEE VOTE AS FOLLOWS: JOHNSON L. MURPHY, JR. 23 MARILYN A. RIGERMAN 9 TOTAL VOTES: JOHNSON L. MURPHY, JR. 570 MARILYN A. RIGERMAN 217 THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF JUNE 5, 1979 BY MOTION OF MAYOR THURM, SECONDED BY MRS. BOYD, AND UNANIMOUS VOTE, RESOLUTION NO. 79 -20 WAS ADOPTED NAMING JOHNSON L. MURPHY, JR. AS MAYOR FOR A THREE -YEAR TERM. ITEM 9. MOTION RE: AUTHORIZATION FOR ADDITIONAL SEWER PLANT PERSONNEL AND VEHICLE MRS. BOYD MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT REGULAR MEETING. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR THURM MOVED TO ADJOURN AT 8:53 P.M. MRS. BOYD SECONDED MOTION. MEETING ADJOURNED. APPROVED THIS 19 DAY OF JUNE , 1979. %& COUNCIL MINUTES 6 -5 -79 CITY CLERK PAGE 4 OF 4 WAGES