Loading...
HomeMy WebLinkAboutMinutes 07-24-1962 MINUTES REGULAR MEETING July 24, 1962 A regular meeting of the Town Council of Cape Canaveral, Florida was held Tuesday, July 24, 1962, at 8:30 P.M., in the Recreation Nall of the Cocoa Palms Trailer Court. Town officials present: Mayor R. A. Jamieson, Aldermen George Rogers, A. D. Anderson, C.F. Applegate and W. J. Eberwein, Town Clerk Jean K. Taylor, Town Attorney George Ritchie. The meeting was called to order by the President of the Council. The Minutes of the Regular meeting of July 17, 1962 were read and on Motion duly made, seconded and passed unanimously, were approved as read. The Minutes of .the Special meeting of July 14, 1962, 10:00 a.m. were read and on Motion duly made, seconded and passed unanimously, were approved as read. A statement of the financial condition was read showing a bank balance of $43.22, less accrued accounts payable of $27.70. Cash receipts not yet deposited were $362.00. After discussion,a MOTION was made, seconded and passed unanimously to have the Town Attorney prepare an ordinance to enable the Town to collect their share of the Liquor license tax. The Occupational License tax was discussed and on MOTION duly made, seconded and passed unanimously, the Council would work with the Attorney to prepare this. A meeting was set with the Attorney for Friday night, July 27, 1962. The garbage franchise was discussed. The Town Attorney had approved the paper with the exception of some clarifying statements. A MOTI0N was made, seconded and passed unanimously to accept the 2 Regular Meeting July 24, 1962 Attorney's suggested corrections; to set legal advertising of the Notice for Bids as July 26, 27 and 30; to close date for receiving bids as August 9, 1962, 1:00 P.M.; to open bids during the Regular Meeting of the Council on August 14, 1962, 7:30 P.M.; and to establish the date for beginning garbage service under the franchise as September 1, 1962. A copy of the work statement for bidding is attached hereto and made a part hereof. ZONING CHANGE: Discussion of a request for a zoning change from Ocean Realty brought favorable consideration from the Council. On MOTION duly made, seconded and passed unanimously, Resolution Number Eight was as follows: RESOLUTION NO. 8 The Town Council Of the Town of Cape Canaveral RESOLVES to grant to Ocean Realty a zoning change from GU (General Use) to BU -1 (neighbor- hood Retail and business) on the below described property: "Part of NW + of NW + } West of County Road as described in Deed Book 402 -190 less exceptions of record, Section 23, Township 24, Range 37E." ////////////////////////////////////////////// The Town Clerk was instructed to excerpt a copy of Resolution Number 8 from the Minutes to be. forwarded -. toOcean Realty by Alderman George Rogers. Franchises with electric, water and telephone companies were discussed and further information was forthcoming. Town Attorney Ritchie was asked to arrange a meeting between the electric company and the Council at their next Regular 34eetirg, July 31, 1962. On MOTION duly made, seconded and passed unanimously, the electric franchise were tabled until the next regular meeting. 3 Regular Meeting July 24, 1962 Due to the press of work now being handled by the Attorney, a M0TION was made, seconded and passed unanimously to table the investigation of a telephone and water franchise until a later date. ZONING: Discussion of zoning brought forth the need for two new Resolutions. On MOTION duly made, seconded and passed unanimously, Resolution Number Nine was as follows: RESOLUTION No. 9 IT IS HEREBY RESOLVED by the Town Council of the Town of Cape Canaveral to RESCIND Resolution Number Four and Resolution Number Six which were passed and adopted on June 19, 1962. ////////////////////////////////////////// On MOTION duly made, seconded and passed unanimously, Resolution Number Ten was as follows: RESOLUTION No. 10 IT IS HEREBY RESOLVED by the Town Council of the Town of Cape Canaveral to adopt the BREVARD COUNTY ZONING REGULATIONS, adopted May 22, 1958 and all of the amendments contained therein as of June 2, 1962. Purchases for Town Hall were discussed and it was suggested that prices be obtained for needed items. Most essential at this time was a file cabinet and decision was postponed for one week pending investi- gation of a gift of a cabinet. A request from ABC Garbage Service of Sanford, Florida was read and the consensus of the Council was to send them a copy of the garbage work statement in answer. A request to name an unnamed street was read. On MOTION duly made, seconded and passed unanimously, Resolution Number 11 was as follows: 4 Regular Meeting July 24,1962 RESOLUTION No. 11 IT IS HEREBY RESOLVED by the Town Council of the Toem of Cape Canaveral to name the below legally described street "CHURCH LANE": "Begin at the N.W. Corner of Section 23, Twp.24 South, Range 37 E; hence go South 160 feet along the west line of Section 23 to a point of beginning; thence East paralleling the North line of Sec.23 to the west boundary of the Canaveral County Road, also known as State Rand S401; thence go South along the West boundary of said road a distance of 36 feet; thence go West paralleling the North line of Sec.23 to the West Line of Sec.23; thence North alon7 the West line of Sec. 23 to the point of Beginning." This Road embraces a strip of land 36 feet wide extending from the west side of Section 23 to the West Boundary of the Canaveral County Road, also known as State Road S401. It is recorded in the public records of Brevard County, Florida designating it as an easement and right of way ever on and across this strip of land. The Present State Road 401 is excepted from the west end of this road as described, This Resolution will become effective 14 days hence. ////////////////////////////// A request for approval of the Council for an off premises beer and wine retail sales license from Mr. Stanford Robson, agent for the intended licensee, Jackson's Minit Market at , 6988,6992 and 6996 North Atlantic Avenue was read. Discussion disclosed no close proximity 5 Regular Meeting July 24, 1962 of schools or churches. On MOTION duly made, seconded and passed unanimously a letter of Council approval was to be sent to Mr. Stanford Robson for the off premises beer and wine license at 6998, 6992 and 6996 North Atlantic Avenue by the President of the Council, George Rogers. A letter from the Brevard County Mosquito Control District was referred to the Town Attorney to verify the legal ramifications of the answer requested. A letter from Shuford Mills was read regarding sewerage systems. A MOTION was made, seconded and passed unanimously that the letter be acknowledged and a request be made for a conference at their convenience with the Town Council and the Zoning Board. Discussion of town planning was followed by a MOTION duly made, seconded and passed unanimously that a letter of inquest be made to a number of planning, engineering and consulting firms regarding a Master Plan. Alderman Applegate, celled a Special Meeting for Thursday, July 26, 1962 at 7:30 P.M. at the Cocoa Palms Trailer Park Recreation Hall to discuss the necessity of a Certified Public Accountant retained to set up the account books of the Town, for study of the By -Laws, for discussion of method of payment to the Attorney, for action on road signs and action in the field of Parks. During discussion of attorney fees, Attorney Ritchie stated that he had not issued a proposal of fee scales to the Council for comparison to the fees.. of other Attorneys and if it were to be used in this manner he wished to withdraw the letter. Discussion of the Minutes of July 14, 1962, 10:00 A.M. Special Meeting at which time the President of the Council was asked to step 6 Regular Meeting July 24, 1962 down by Alderman Anderson ensued, President of the council Rogers stated he would not. On MOTION duly made, seconded and passed unanimously, the meeting was adjourned. Jean K. Taylor, Town Clerk TO ALL COUNTY APPROVED REFUSE COLLECTORS OF BREVARD COUNTY, STATE OF FLORIDA: Notice is hereby given that the Town of Cape Canaveral will receive separ- ately sealed bids for a garbage franchise at the office of the Town Clerk, 115 Monroe Avenue, up to 1:00 P.M., August 9, 1962 or by mail to P.O. Box 12, Port Canaveral. Bids are to be based on percentage of gross revenue collected, returnable to the Town Of Cape Canaveral, Florida, for franchise to collect garbage and refuse within the municipality, incorporated boundries of.Cape Canaveral, Florida, and including any future boundaries. The present boundaries are: "The tract of land situated in Sections 14, 15, 22, 23, 26 and 27 of Township 24 South, Range 37 East and being all of that land lying south of the South limits of the Cape Canaveral Missile Test Annex (AFMC) and North of a line described as follows: Beginning at the intersection of the South Line of lot 21 in Banana River Estates, as recorded in Flat Book 10, page 1 of the Public Records of Brevard County and the East Shore Lino of Banana River; thence along the South Lino of Lot 21 in an easterly direction to the westerly R/W line of Palm Avenue (SR No. 401); thence . continue along the easterly extension of last described line to the East R/W line of Palm Avenue (SR No. 401 ); thence northerly along the East R/W of said Palm Avenue (SR No. 401) approximately 2440 feet to a point in the middle of Block 73, in Avon- by- the-Sea subdivision which is the point separating Lot 1 and Lot 9 in said block 73; thence easterly along the roar line of the lots in Blocks 73, 74, 75, 76, being the blocks bounded on the North by Johnson Avenue and on the South by Grant Avenue to the intersection of this line with the shores of the Atlantic ocean; ex- cepting the lands owned by the Canaveral. Port Authority and/or any additional Government owned lands as of January 12, 1962, and including all littoral and riparian rights portaining thereto." -1- The following work statement is required: I 1. The following terms and definitions shall apply in the interprotations of this instrument: a, Town - the term "Town" shall mean the Town Council of the Town of Cape Canaveral. b. Collector- the term "Collector" shall mean the winning bidder for franchise to collect garbage and rubbish within the Town of Cape Canaveral. c. Garbage- the term "Garbage" shall mean all solid and semi-solid Kitchen refuse subject to decay or putrefication and all refuse of animals, fruit or vegatable matter which was intended to be used as food and by-products of the preparation and packaging of such foods. d.Rubbish-the term "Rubbish" shall mean all waste material not of a Putreable nature. e. Domestic Rubbish - the term "Domestic Rubbish" shall mean all newspapers, magazines, yard trimmings, cardboard boxes, clothing and similar discarded personal and household items. f. Customer- the term "Customer" shall mean person or persons, firm, corpor- ation, or association who shall place garbage or trash for pickup and disposal by the Collector. II The term of this franchise to be five (5) years beginning September 1, 1962, with option to renew after expiration, said notice of desire to renegotiate this agreement shall be furnished in writing by the Collector at least thirty (30) days prior to the end of the term of this agreement. III The Collector covenants and agrees to provide and keep policy in force a comprehensive general public liability and public damage insurance/providing public liability coverage of not less than Fifty Thousand ($50,000.00) Dollars for each person, not less than One Hundred Fifty Thousand ($150,000.00) Dollars for each accident and -2- property damage coverage of not less than Twenty Thousand ($20,000.00) Dollars indemifying the Town and the Collector as their interests may appear against public liability and property damage claims and to furnish the Town with an appropriate certificate from the insurance carrier showing such insurance to be in force at all times and the Town as additional insureds. The aforesaid insurance shall bewritten by companies authorized to do business in Florida and each policy and certificate delivered to the Town shall bear the endorsement of or be accompanied by evidence of the payrent of the premium thereon, and also an endorsement obligating the insurance company to furnish be Town ten (10) days notice in advance of the cancellation of the insurance by said policy or certificate. The Collector shall post with the Town Clerk a perfornance bond in the amount of Three Thousand ($3,000.00) Dollars payable to the Town of Cape Canaveral to insure adequate service required to satisfy the customers. The Collector shall carry Workman's Compensation Insurance on his employees and show proof of insurance and payment of premium thereon to the Town Clerk. IV 1. Residential Garbage: The Collector may charge $2.50 per month for a single residence, for two (2) pickups per week with the collections at the rear. Said pickups will be limited to the contents of not more than two (2) thirty (30) gallon garbage containers (which meet State Board of Health requirements) per family unit. Additionally this to include domestic rubbish pickups of one (1) pickup weekly at the curb. In providing this service, the Collector shall not be required to pickup in excess of two (2) bushels and one (1) bundle with a total volume not to exceed three (3) cubic feet per pickup. 2. Trailer Park Garbage: The.Collector may charge a fee of $1.25 for single family trailer- residence for 2 pickups per week. Said Pickup vill be limited to the contents of not more than one (1) thirty (30) gallon garbage container (which meet State Board of Health requirements) per family trailer residence. The Trailer Park manager or owner is permitted to negotiate a flat rate fee for the -3- entire trailer park with the collector. However, if the trailer park owner or manager and the collector cannot agree on a flat rate fee then the collection fee shall be $1.25 for single family trailer-residence for two (2) pickups per week. 3. Commercial Garbage: The collector may charge a fee of $2.00 per cubic yard for all garbage collected from commercial and business owners. The number of pickups per week from commercial establishments will be by mutual agreement between the collector and the customer but at no time shall the delay in removing of garbage be allowed to cause a health hazard. 4. Special Rubbish Pickup Service: Requests for pickups of large items such as furniture, tress, sod, lumber, and other items not defined in this agreement as "Garbage" or "Domestic Rubbish" shall be considered as requests for special pickup services and such special services shall not be 'subject to the fees and charges set out in this agreement, but shall be agreed upon by the person requesting such service and the Collector. 5. Delinquent Payments: In the event payment is not made by the Owner to the Collector for the service rendered by the tenth (10th) day of the months follow- ing that for which the charge is made, the Owner shall be deemed delinquent and the Collector shall notify the Town Clerk of the Town of Cape Canaveral. There- after the Collector shall not pick up the delinquent Owner's gargage until all fees and charges due the Collector are paid, including a $1.OO.deliquent penalty charge payable to the Collector. V The Collector shall be responsible to make collection from the customers and return the bid percentage of the gross receipts to the Town Clerk of the Town of Cape Canaveral, Florida. Payments to be made at the end of each and every month and before the 15th day of the month. The Collector books shall be open to inspection or audit at the Town request. Such audit will be at the expense of the Town. A yearly audit shall be provided by the Collector and shall be accomplished between -4- the First day of August and the Fifteenth day of August and be paid for by the Collector. VI 1. In the collection and transportation of garbage the Collector shall use trucks of metal, watertight and covered and each truck shall have painted on its doors or at some other conspicuous place approved by the Town Council the name and telephone number of the Collector, nono of which lettering shall be less than three (3) inches high. All employees of the collector who are in contact with the Public must be uniformed and said uniforms must bear the Collector's name and a number identifying the employee. VII 1. The Collector shall furnish the Town Clerk with designated routes and pickup days of the incorporated area. VIII 1. The Collector shall make collections from the various parks, recreational areas, fire houses, city halls and other city properties free of charge to the Town. These locations will be on Town Property of property under the jurisdiction of the Town or on such properties as designated by the Town Council. Collections from these locations will be made once a week and not more than twenty (20) containers will be emptied per week. The location and number of containers may be changed at any time by the Town after 10 days written notice to the Collector. For Purposes of this section the size of the containers shall be fifty five (55) gallons or less. Any additional 55 gallon drums will be negotiated by the Town Council. IX 1. The Town Council of the Town of Cape Canaveral reserves the right to reject any or all bids. -5-