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Home My WebLink About12-16-1980 Regular Meetingu s- 'CR 0FJL f;: ED CITY COUNCIL REGULAR MEETING DECEMBER 16, 1980 THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON DECEMBER 16, 1980 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:29 P.M. BY MAYOR JOHNSON L. MURPHY, JR. 4 -15.85 THE ROLL WAS CALLED BY SECRETARY TERESA PERRY. OFFICIALS PRESENT WERE: MAYOR J.L. MURPHY, JR., COUNCIL MEMBERS L. BOYD, J. CALVERT, P.T. LEE AND W. RUTHERFORD, ACTING CITY MANAGER A.J. OSTROM, CITY ATTORNEY JOSEPH SCOTT, SGT. AT ARMS JOAN HUDEPOHL AND SECRETARY T. PERRY. MR. LEE MOVED TO WAIVE READING OF THE MINUTES OF DECEMBER 2. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. RESOLUTION NO'. 80--55 RE: APPROVAL OF SEWER LOAN APPLICATION MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND /OR EXTENDING ITS WASTE WATER TREATMENT FACILITIES. MAYOR MURPHY MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 80-56 RE: HIRING OF TEMPORARY ACTING CITY CLERK MRS. BOYD SUGGESTED THE NAME OF PATRICIA J. BEAULIEU BE INSERTED IN THE RESOLUTION. MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING TEMPORARY ACTING CITY CLERK. PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. DISCUSSION FOLLOWED ON THE SUBJECT OF THE SALARY. MRS. CALVERT SUGGESTED MRS. BEAULIEU RECEIVE HER FORMER WEEKLY SALARY PLUS THE 10 PERCENT INCREASE GRANTED TO EMPLOYEES ON OCTOBER 1, 1980. COUNCIL WAS AMENABLE TO THIS SUGGESTION. VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF THE RESOLUTION WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MRS. CALVERT, MR. LEE AND MR. RUTHERFORD, OPPOSED, MAYOR MURPHY. MOTION CARRIED. 0 ITEM 3. RESOLUTION NO, 80 -57 RE! GARBAGE CONTRACT MODIFICATION MAYOR MURPHY MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT REGULAR COUNCIL MEETING. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, ITEM 6 ON THE AGENDA WAS TAKEN UP. ITEM 6. HIRING OF' ACCOUNTANT MR. BJERNING, CITY AUDITOR, WAS IN ATTENDANCE AND REPORTED TO COUNCIL THAT HE HAD 12 APPLICANTS FOR THE POSITION AND THAT HE WAS RECOMMENDING MR. PAUL SMITH WHO HAD TEMPORARILY AGREED TO ACCEPT THE POSITION AT $14,000, PENDING APPROVAL BY COUNCIL. HE ALSO EXPLAINED THAT MR. SMITH WOULD PROBABLY ONLY BE AVAILABLE TO WORK ON WEDNESDAY, DECEMBER 17 DUE TO PRIOR COMMITMENTS, HOWEVER, HE WOULD BE ABLE TO COMMENCE WORK ON JANUARY 5. MAYOR MURPHY SUGGESTED COUNCIL ACTION WAS NOT NECESSARY ON THIS ITEM AND REQUESTED THAT THE CITY MANAGER HIRE MR. SMITH IN THE MORNING. AT THIS TIME, MR. BJERNING WAS REQUESTED TO ASSIST MR. SMITH AND MRS. OSTROM WITH THE TRANSITION. ITEM 4. RESOLUTION NO. 80 -58 RE: APPOINTING MEMBERS TO BEAUTIFICATION BOARD MAYOR MURPHY READ THE RESOLUTION INSERTING THE NAMES OF BETTY PUCKWORTH, TRUDY AAMODT AND MARGARET MORRISON TO THE BEAUTIFICATION BOARD. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING MEMBERS TO THE CITY BEAUTIFICATION BOARD: PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. 1' ITEM 5. MOTION RE: HIRING TEMPORARY BUILDING OFFICIAL MRS. CALVERT MOVED THAT THE CITY HIRE HARRY KELLER'AS TEMPORARY BUILDING OFFICIAL. MR. LEE SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT, MR. LEE AND MR. RUTHERFORD, OPPOSED, MRS. BOYD AND MAYOR MURPHY. MOTION CARRIED. DISCUSSION FOLLOWED REGARDING MR. KELLER'S SALARY. IT WAS SUGGESTED BY MRS. CALVERT THAT MR. KELLER RECEIVE THE SAME SALARY AS BUILDING OFFICIAL BOLTON. COUNCIL WAS IN AGREEMENT WITH THIS SALARY. IT WAS ALSO SUGGESTED THAT MR. KELLER WORK WITH MR. BOLTON A FEW DAYS PRIOR TO MR. BOLTON'S LEAVING. COUNCIL MINUTES 12 -16 -80 PAGE 2 OF 4 a � MICROFILM -E® 4 -I5 -85 ITEM 7. CANCELLING OF WORKSHOP OF JANUARY 1, 1980 MAYOR MURPHY EXPLAINED THAT AT THE LAST WORKSHOP MEETING COUNCIL HAD DISCUSSED CANCELLING THE JANUARY 1 WORKSHOP DUE TO THE HOLIDAY AND HAVIENG. A COMBINED COUNCIL MEETING AND WORKSHOP ON JANUARY 6. MAYOR MURPHY MOVED TO CANCEL THE JANUARY 1 WORKSHOP. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ATTORNEY SCOTT ADVISED COUNCIL THAT ITEMS FOR THE AGENDA OF THE JANUARY 6 MEETING MUST BE IN THE CITY CLERK'S ' OFFICE NO LATER THAN 12:00 NOON ON JANUARY 2. DISCUSSION MR. LEE REPORTED TO COUNCIL THAT MR. FIRKINS HAD AGREED TO PAY THE OTHER HALF OF WHAT WAS TO BE THE CITY'S HALF OF THE WATER CONNECTION FEE. MR. LEE NOTED THAT THE CITY HAD A BID FROM THE CITY OF COCOA TO PUT IN A 2 -INCH LINE FOR APPROXIMATELY $2,200 AND HE EXPLAINED THAT IF THE CITY PAYS THAT AMOUNT TO SHUFORD MILLS, THEY WILL PICK UP THE REST. THE PROPERTY OWNER BETWEEN THE ROAD AND THE CITY PROPERTY WILL PAY FOR THE REMAINDER. MR. LEE FURTHER EXPLAINED THAT THE CITY WOULD BE GETTING AN 8 -INCH LINE FOR WHAT IT WOULD COST THE CITY FOR A 2 -INCH LINE. MR. LEE NOTED THAT THE CITY WOULD ALSO BE GETTING A FIRE HYDRANT. MR. LEE MOVED FOR AN ADD ON ITEM TO AUTHORIZE PAYMENT TO SHUFORD MILLS FOR THE 8 -INCH WATER LINE. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. LEE MOVED TO PAY SHUFORD MILLS THE LOWEST BID FROM THE CITY OF COCOA, APPROXIMATELY $2,200, FOR THE 2 -INCH -WATER LINE. MAYOR MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. RUTHERFORD BROUGHT UP THE SUBJECT OF THE FIREMENS' PAY AND REQUESTED THAT THEY BE PAID BEFORE CHRISTMAS. COUNCIL WAS IN AGREEMENT WITH THIS SUGGESTION. MRS. BOYD QUESTIONED THE STATUS OF THE BUILDING OFFICIAL'S CONTACT WITH THE PROPERTY OWNER NEXT TO THE LEWIS_ PROPERTY. IT WAS NOTED THAT THE NEW OWNER HAD NOT BEEN RECORDED AT THIS TIME. MRS. BOYD REQUESTED THAT THE CITY MANAGER CONTACT RINKER MATERIALS REGARDING THE CEMENT SPILLS IN FRONT OF THE BANK. MAYOR MURPHY READ A LETTER FROM MRS. OSTROM REQUESTING COUNCIL MINUTES v a M f a' THAT THE CITY REIMBURSE HER FOR ATTORNEY'S FEES IN CONNECTION WITH THE RECENT INVESTIGATION. THE LETTER FURTHER STATED THAT IFc COUNCIL WOULD NOT AGREE WITH THE REQUEST FOR REIMBURSEMENT, THE LETTER WOULD SERVE AS MRS. OSTROM'S REQUEST FOR AN ADMINI- STRATIVE REVIEW. DISCUSSION FOLLOWED ON THIS SUBJECT. MAYOR MURPHY ASKED MRS. OSTROM IF SHE WOULD GIVE UP HER RIGHTS TO AN ADMINISTRATIVE REVIEW IF COUNCIL AGREED TO PAY THE ATTORNEY'S FEES. MRS. OSTROM ANSWERED IN THE AFFIRMATIVE. MAYOR MURPHY MOVED FOR AN ADD ON ITEM. MR. LEE SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR: MRS. CALVERT MR. LEE, MAYOR MURPHY AND MR. RUTHERFORD, OPPOSED, MRS. BOYD. MOTION CARRIED. MAYOR MURPHY MOVED THAT THE CITY REFUND MRS. OSTROM THE $1,500 PROVIDED SHE WAIVE HER RIGHT TO AN ADMINISTRATIVE REVIEW. MR. LEE SECONDED MOTION. VOTE WAS AS FOLLOWS; IN FAVOR, MRS -. CALVERT, MR. LEE, MAYOR MURPHY AND MR. RUTHERFORD, OPPOSED, MRS. BOYD. MOTION CARRIED. ATTORNEY SCOTT REPORTED THAT THE CITY HAD RECEIVED THE WARRANTY DEED ON THE BRECERM PROPERTY. THERE BEING NO FURTHER BUSINESS, MAYOR MURPHY ADJOURNED THE MEETING AT 9:20 P.M. APPROVED THIS 6 DAY OF JANUARY, 1981. COUNCIL MINUTES 12 -16 -80 PAGE 4 OF 4 December 16, 1980 Honorable Mayor Murphy Members of the City Council The "fact finding" investigation authorized by the Council regarding allegations against me has been completed. Even though no report has been given you from the attorney; I heard nothing during any of the testimonies that was Anything more than I could have told you or shown you, had I been asked to do so. But it was obviously the intent of some members of the Council to be certain that I left the employment of the City. This will be accomplished soon. However, through no fault of my own, I have been forced to spend $1,500.00 in attorney fees in an attempt to protect my rights in this matter. I ask that the City reimburse me for this expense. Already, over $3,000.00 has been spent on the investigation with the city attorney's fees and the court reporters fee still to be paid. The total could easily be $6,000.00 to $7,000.00, plus time spent by city personnel in the hearing room. All of this expense could and should have been saved by simply giving me the courtesy due an employee who has worked for seventeen years and covered so many positions in an effort to save the city money. I have been discriminated against; disciplined without cause; and degraded by the long drawn out publicity which has been allowed and encouraged. The sooner this matter is closed, the better for me and for those who will still be working here.. Then perhaps the important matters of this city will again have the full attention needed. Once again, I request reimbursement of my attorney's r fees. If you cannot agree in favor of this; then this letter will serve as my request for an Administrative Review, accorded me by Chapter 361 of the City Code. Re_qpectfully Submitted, Anita J. strom ATTACBMW TO CITY COUNCIL MINUTES OF 12-- 16--80