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HomeMy WebLinkAboutMinutes 06-19-1962TOWN OF CAPE CANAVERAL, FLORIDA MINUTES June 19, 1962 A regular meeting of the Town Council of Cape Canaveral, Florida was held Tuesday, June 19, 1962, in the Recreation Hall of the Cocoa Palms Trallor Court, at 7:30 P.M. Town Officials Present: R. A. Jamieson, Mayor George C. Rogers, Alderman C. F. Applegate, Alderman W. J. Eberweln, Alderman Leo B. Collins, Alderman A. D. Anderson, Alderman Jean K. Taylor, Town Clerk Roy W. Staton, Marshal George Ritchie, Town Attorney The meeting was called to order by President of the Council, George C. Rogers. The minutes of the previous meeting of June 12, 1962 were read. On MOTION of Leo Collins, seconded by Bill Eberrwein and passed unanimously the minutes were approved as read. Two bills were presented for payment. There were to Curtis R. Barnes, Clerk of the Circuit Court, one in the amount of $8.50 and the other in the amount of $2.00 for recording fees for minutes of June 2, 1962 incorporation meeting and for recording the lease from the County of Brevard for 5 lots on the corner of Polk and Atlantic Avenues. On MOTION of C.F.Applegate, seconded by A.D. Anderson and passed unanimously, the two bills were ordered paid. A letter to the Members of the Town Council from Mayor Jamieson dealing with proposed legislation was read by Alderman Rogers. The letter is hereby incorporated in the minutes. Discussion of the items of proposed legislation followed. Item #1 the adoption of a model traffic ordinance was tabled for further study. Item #2 an ordinance providing for a franchise with an established garbage collection company was tabled for further study. Item #3 an ordinance providing for notice to the State of our incorporation and requesting our porportionate share of liquor licenses was tabled for further study. Item #4 an ordinance providing for a franchise with a power company was tabled for further study. Item #5 an ordinance providing hours of sales of liquor, wine and beer within our corporate limits was tabled for further study. Item #6 a resolution calling for the services of an engineering firm to survey and record the corporate limits was tabled for further study. Item #7 the 23 MINUTES June 19, 1962 2 appointment of a Town Hall building committee was tabled for until the next meeting on MOTION of A.D.Anderson, seconded by C.F.Applegate and passed unanimously. Item #8 the appointment of a committee to contact the County Board of Education was tabled for further study. A Memorandum Agreement dated June 17, 1962 was read by Alderman Rogers. The agreement was the acceptance of one (1) office trailer from the J. S. Martin Construction Company to be under the jurisdiction and protective responsibility of the Town Council for a period of ten (10) days at no charge for the use thereof. Additional time for the use of the trailer would have to be extended by mutual agreement. On MOTION of A.D .Anderson, seconded by Leo Collins, and passed unanimously, the agreement was accepted. Liability Insurance for the Town was discussed act three letters of proposals were given to the Council by the Town Clerk. They were from Calton Insurance Co., Ohio Casualty and Brevard Insurance Co. A suggestion of an insurance committee to study the insurance plans was made and approved by the Town Attorney. Volunteers were asked of the audience and Mr. Herb Feuz, Mr. Conrad Beaulieu and Mr. Ken McCabe volunteered to serve on a committee. On MOTION or C.F.Applegate, seconded by Leo Collins and passed unanimously, an Insurance Committee was established by appointment of Mr.Fuez, Mr. McCabe and Mr. Beaulieu. The committee was authorized by the Council to advertize legally for proposals. A News Release was read wherein J.S.Martin Co had been communication with Councilmen Rogers and Applegate on the construction of a Town Hall and were anxious to continue working with them in this direction. The news release was rejected as written.. A correction was made to state that J. S' Martin Co. was anxious to work with the Town Council in obtaining a Town Hall. The news release was approved as corrected. ////////////////////////////////////// RESOLUTION No. 3 The Town Council of Cape Canaveral hereby RESOLVES that in order for the Town to grow and prosper in an orderly manner and in such a way asto insure the fair and equitable treatment of all persons, freeholders and non freeholders, registered voters and non registered voters, and in order that all citizens can share in the development of our Town, that all effort will be made by the officials of the Town to enoourage the participation in Town functions by all the citizens, and that all citizens are hereby invited to participate in all phases of Town government. 24 MINUTES June 19, 1962 3 After discussion of the RESOLUTION and on MOTION of A. D. Anderson, seconded by C.F.Applegate and passed unanimously, RESOLUTION No. 3 was adopted. //////////////////////////////////////// RESOLUTION No. 4 It is hereby RESOLVED by the Town Council of the Town of Cape Canaveral that the following fees be charged for building, plumbing and electrical permits: Building Permit Charges: $2.00 per first hundred square feet and $1.00 for each additional hundred square feet. $5.00 minimum fee. Plumbing Permit Charges: Permit fee: $2.00; Each fixture: $1.00; Each House service: $1.00; Each Water Heater: $1.50; Gas Piping, 1 to 4 outlets: $1.00; Each Septic Tank: $2.50. Electrical Permit Charges: Permit Fee: $2.00; Meter Loop (service) : $2.00; Each Circuit: $1.00; Motors -- fraction of and up to 1 HP: $1.00; Motors- -overs 1 HP: $2.00; Electric Dryer: $1.50; Electric Water Heater: $1.50; Electric Range: $1.50; Electric Signs - -up to 30 sockets $2.00, all over 30 sockets $1.00, sign flasher $1.00, sign clock $.50; Display cases - -up to 10 lights $1.00, all over 10 lights $1.00. Reinspection for any reason $5.00 additional will be charged. A MOTION was made by A.D. Anderson, seconded by Leo Collins to table RESOLUTION No. 4. A vote was taken and A.D. Anderson, Leo Collins and Bill Eberwein voted to table the RESOLUTION, dissenting were C.F.Applegate and George Rogers. A MOTION was made by C.F. Applegate, seconded by Leo Collins to accept RESOLUTION No. 4 as a temporary measure, the MOTION was passed unanimously. Discussion for the need of a telephone in Town Hall ensued ad Leo Collins volunteered to try to obtain a telephone for the J.S.Martln Trailer on the Town Hall lots. A.D. Anderson stated that he preferred for the Town Clerk, Jean K. Taylor, to keep the Minutes of the Council Meeting. Alderman Rogers stated that no MOTION was needed as it was his understanding that this was her Job. ///////////////////////////////////////// ORDINANCE NO. 1 -62 entitled "AN ORDINANCE TO FORBID AND PUNISH ANY ACT WITHIN THE CITY LIMITS WHICH SHALL BE RECOGNIZED BY THE LAWS OF FLORIDA AS A MISDEMEANOR" was returned duly signed / and approved by Mayor R. A. Jamieson. ////////////////////////////////////////// ORDINANCE No. 2 -62 entitled "AN ORDINANCE IMPOSING AN EXCISE OR PRIVILEGE TAX 25 MINUTES JUNE 19, 1962 4 UPON THE SALE, RECEIPT, PURCHASE, POSSESSION, CONSUMPTION, HANDLING, DISTRIBUTION AND USE OF CIGARETTES SOLD OR TO BE SOLD WITHIN THE TERRITORIAL LIMITS OF CAPE CANAVERAL, FLORIDA was returned duly signed and approved by Mayor R. A. Jamieson. ORDINANCE No. 3 -62 imposing a tax on businesses, professions, etc. was returned to the Town Council by Mayor R. A. Jamieson with an accompanying letter stating that he was vetoing ordinance No. 3 -62 as of June 19, 1962. The letter gave the reasons for his veto and is attached hereto and made a part hereof. Discussion of the Mayor's veto of Ordinance No.3 -62 was voiced by the Town Council. A call for a vote to over -ride the Mayor's veto resulted in three xxxxx voting to over -ride the Mayor's veto. These were C.F. Applegate, Bill Eberwein and George Rogers. The aldermen voting not to over -ride the Mayor's veto were Leo B. Collins and A. D. Anderaon. As a two - thirds majority vote of the Council is necessary to over -ride a veto, the Ordinance failed to pass on a 60% over -ride vote, rather than the needed 66 2/3% over -ride vote. ORDINANCE No. 4 -62 establishing the Election Code was returned unsigned to the Town Council by Mayor R. A. Jamieson. He stated that, in general, he had no objections to it but felt that a blank left in Section 7,paragraph Q/ Publication of Ballot Form should be filled in before the Ordinance becomes law. He also questioned Section 11, paragraph A which states that the Town Council will appoint an election inspection board to conduct elections rather than Elect the Election Board as stated in State Statute 165.15. He asked that legal opinion be obtained in regards to this. On MOTION of C. F. Applegate, seconded by A.D. Anderson and carried unanimously, the Ordinance No. 4 -62 was to be held over until the next regular Council meeting for legal opinion. //////////////////////////////////////////////// It was announced by .Alderman Rogers that the next regular Council meeting would be Tuesday on/July 3, 1962 at 7:30 P.M. and an agenda meeting would be held the Thursday prior to this, the date of the agenda meeting being June 26, 1962. The meeting was adjourned at 9:30 p.m. On MOTION of xx A. D. Anderson, seconded by C.F.Applegate, passed unanimously, the meeting was re- opened to Continue necessary business. The necessity of appointing a Zoning Board was discussed and on MOTION of Leo Collins, seconded by A.D. Anderson and passed unanimously the term of the Board was set at one year. The following RESOLUTION was then read and adopted by the Town Council. 26 MINUTES June 19, 1962 5 RESOLUTION No. 5 It is hereby RESOLVED by the Town Council of the Town of Cape Canaveral that the following men will compose the Zoning Board for a period of one Year: Frank Hoog, Don Clayton, Eugene Jandreau, Howard Gould and B. B. Purcell. /////////////////////////// Recommendations of the Zoning Board were read and discussed and their discussion resulted in the following RESOLUTION, on MOTION of Leo Collins, seconded by C.F. Applegate and passed unanimously. RESOLUTION No. 6 It is hereby RESOLVED by the Town Council of the Town of Cape Canaveral that the following Zoning Rules and regulations be followed: 1. That the Town hereby adopts the County Building Code with the exception that there will be a 75 foot setback on highways (401 and Old A1A). 2. The Zoning along both side of Highways 401 and Old A1A is hereby changed from its present zoning to W -1 for 400 feet back from the highway right of way. 3. No wooden buildings will be permitted by the Town Council except by special request to the Zoning Board. 4. No builder except a Class -1 Builder, can build more than two (2) stories in height. S. No filling stations with tanks of over 200 gallon capacity above ground will be permitted. /////////////////////////////////////// An immediate need for a Town Hall Building Committee was discussed and volunteers from the audience were appointed to the Committee. They were Herb Fuez, Wm. T. Nevitt, Conrad Beaulieu and B. B. Purcell. A packet of papers were read outlining proposals already received by C.F. Applegate and George Rogers regarding City Hall. A Committee was recommended to investigate the possibility of securing a government surplus building for a Scout Building for the County Park. Volunteers appointed to this committee were Mr. Steve Mozinski, Mr. Donald Kiser, Mr. Herb Huez and Mrs. Shirley Lackner. Mayor R. A. Jamieson reiterated his desire to work with the Council and/or the citizens of the Town as he does not wish to stand in the way of progress. A garbage franchise was tabled until the next meeting on July 3, 1962. The meeting adjourned at 10:45 P.M. Jean K. Taylor, Town Clerk 27 June 19, 1962 Treasurer's Report Bank Balance $72.70 To be deposited: Building permits : $306.80 Deposited towards building permit 25.00 Zoning application 50.00 Variance application 25.00 $406.80 Bills needing approval tonight: Curtis R. Barnes (recording fee for Incorporation minutes) $8.50 Curtis R. Barnes (recording fee for lease on lots for Town Hall) $2.00 29 Town File 18 June 1962 TO: Members of Town Council Cape Canaveral FROM: Mayor R.A. Jamieson SUBJECT: Proposed Legislation It is imperative that a well-formulated plan be introduced to the citizens of our town to assure the progress and growth of our community which is the aim of the citizenry and their elected officials who represent them. This plan should include every facet of progressive human living - food, shelter, recreation, schools, churches, etc, - and should be proposed by the elected officials working in a concerted effort to best promote the interests of the Town of Cape Canaveral. Among some of the items for your earliest consideration should be: 1. The adoption of the model traffic ordinance, by reference, of the provisions as applicable to our town, (Reference Chapter 186, Florida Statutes 1961. 2. An ordinance providing for a franchise with an established garbage collection company, for pickup of garbage and trash within the corporate limits. 3. An ordinance providing for notice to the State of our incorporation, and requesting our porportionate share of the license fee paid by the two existing holders of liquor licences located and presently doing business within our corporate limits. This ordinance should contain provisions whereby any other licences would automatically become subjeot to this ordinance. 4. An ordinance providing for a franchise whereby the Town will realize its rightful share of returns on all commerical and residential electric power bills. 5. An ordinance providing for the hours of sales of liquor, wine and beer within our corporate limits. 6. A resolution calling for the services of an engineering firm whereby the corporate limits would be properly surveyed and recorded. Further, to procure corporate limit signs and place accordingly. 7. The appointment of a Town Hall building committee. The committee to progress in an orderly fashion toward procuring prints, estimates of material and complete monitoring of project thru to complotion. The committee will make no commitments without first obtaining approval of the Town Council. 8. The appointment of a committee to contact the County Board of Education relevant to the location of schools within our corporate limits. Please be assured that I, as Mayor, am always nonable to meeting and conferring with every member of the Council as well as with the citizens, to assure the proper development and growth of our area. I sincerely believe that orderly progress can only be attained through the elected officials working in a united effort rather than through individual projects. Sincerely, R. A. . Anderson CC: A.D. Anderson C. F. Applegate L. Collins W. Eberrwein G. Rogers Town File 28 19 June, 1962 T0: Town Council. Cape Canaveral FROM: Mayor, Town of Cape Canaveral SUBJECT: ORDINANCE 3-62 An ordinance imposing a tax on businesses, professions, etc., is a necessity for our town. Ordinance 3 -62 covering this subject has been presented to me for approval, and by virtue of the authority given me in Chapter 165, Florida Statutes, I am vetoing ordinance No.6 -32 as presented, for the below listed reasons: 1. Some businesses and /or professions have been given tax advantages afforded residents as opposed to non- residents. This advantage should be uniform and applicable to all. 2. The lack of an occupational license covering liquor, wine and beer sales. 3. Due to contemplated franchise with an established garbage collector, the occupational license for any other garbage company should be eliminated. 4. The section covering "boats for hire", "aircraft or seaplane, operated for hire" and others, needs clarification as to whether the fee is for each individual item or for the complete enterprise. 5. The section covering "cash registers" and "contractors" refer to classes. Nowhere in the ordinance is there any reference as to what constitutes. various classification as to contractors or merchants. ORDINANCE 3-62 -2- 6. The section covering "Junk dealer", which appears to be exorbitant is not clear as to whether this is a collector of junk, old trash, rags, metal, rubber, etc., for disposal outside the corporate limits or whether this provision contemplates the establishment of a junk yard within our corporate limits. 7. Several -of the classifications covered in this ordinance require the payment of fees that could prove prohibitive to those concerns contemplating or presently engaged in business within our corporate limits. Since those inequitities exist, the council should give their further consideration to any apparent equitities. Because of the importance and the necessity of this ordinance, I respectfully request the Council give additional consideration not only to the occupa- tional license tax ordinances of the surrounding cities of Brevard County, but also to the opinions of the citizens of our community. Submitted this 19th day of June 1962 R.A. Jamieson Mayor RAJ:llf