HomeMy WebLinkAboutMinutes 01-28-1975MiCROHILivED 4-24-80
REGULAR MEETING
CITY COUNCIL
JANUARY 28, 1975
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON JANUARY 28, 1975 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M.
THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKL''N P.
MACLAY.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR MACLAY, COUNCILMEN L. C..NICHOLAS,
E. H. RHAME, MRS. ANN THURM, CITY MANAGER A: J. FRANCIS,
ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA J.
OSTROM, SGT. AT ARMS CHIEF WINNETT.
THE MINUTES OF JANUARY 21, 1975 MEETING WERE
CORRECTED IN THE FOLI[JGm�G MANNER: UNDER UNFINISHED BUSINESS
ITEM 2. EMERGENCY EROSION COSTS ON LINE 3 BY ADDING THE
WORDS "FROM THE STATE" AFTER THE WORD "AVAILABLE".
BY MOTION OF MR. RHAME, SECONDED BY MR. NICHOLAS,
AND UNANIMOUS VOTE, THE MINUTES WERE APPROVED AS CORRECTED.
MEETING WITH THE CITY BOARDS AND OFFICIALS
RE: FINANCIAL DISCLOSURE LAW
BOARD MEMBERS PRESENT WERE: MR. VAN WAGNER, MR.'MARTIN,
MR. ELVIN H. ALLEN, MR. BALOUGH, MR, MOELLER, MR. PETERSON,
MR. WOLEVER, MR. LITTLER, MR. EICHHORST, MR. ANDERSON, AND',
POLICE CHIEF WILLARD WINNETT. FORMS AND INSTRUCTIONS WERE'.
SENT TO BOARD MEMBERS NOT IN ATTENDANCE.
MR. SCOTT STATED THE PURPOSE OF THE MEETING AND
READ FROM THE LAW THE FINANCIAL DISCLOSURE REQUIREMENTS OF
OFFICERS OF GOVERNMENT ENTITIES. HE STATED THAT QUESTIONS'
REGARDING THESE REQUIREMENTS COULD BE DIRECTED TO THE COMMISSION
ON ETHICS, STATE OF FLORIDA, TALLAHASSEE. MR. SCOTT WENT
THROUGH FORMS 1 THRU 4 EXPLAINING WHEN THEY WERE APPLICABLE
MICROFILMED 4-24-�O
ALONG THE BIKE PATH WOULD COST APPROXIMATELY $2,500.00
(.50 A FOOT) BUT THAT IT WAS DOUBTFUL IF THE COUNTY WOULD
GIVE PERMISSION FOR INSTALLATION OF CURBINGS DUE TO THE
WIDTH OF THE ROAD. THE RECOMMENDATION IS FOR STRIPING,
REFLECTORS, AND SIGNS REGULATING THE USE OF THE BIKE PATHS.'
THE CITY MANAGER WILL BE WORKING WITH THE COUNTY TO ALLEVIATE,
AS MUCH AS POSSIBLE, ANY HAZARDOUS ASPECTS OF THE BIKE PATH$.
ITEM 3. PBA CONTRAr^T
WAS HELD UNTIL LATER IN THE MEETING.
ITEM 1. DISCUSSION RE: GARBAGE CONTAINERS
MR. SCOTT STATED THAT THE ATTORNEY FOR RUBBISHMAN'
HAD INDICATED THAT THEY WERE UNWILLING TO NEGOTIATE. ALTERNATIVES
WOULD BE FOR THE CITY TO FILE A MOTION FOR DECLARATORY JUDGMENT
OR REFUSE TO PAY THE BILL AS SUBMITTED AND LET RUBBISHMAN SATE
THE CITY. HE STATED THAT A DECLARATORY JUDGMENT WOULD INVOLVE
A SHORTER TIME ELEMENT. THE CITY MANAGER STATED THAT THE PROBLEM
WAS PERHAPS NOT AS GREAT AS HE HAD BEEN ANTICIPATING. BILLING
FOR THE MONTH OF JANUARY HAD BEEN COLLECTED EXCEPT FOR APPROXIMATELY
$530.00. MAYOR MACLAY MOVED THAT THE CITY PAY FOR THE CONTAjINERS
THAT ARE IN PLACE LESS THE PRICE OF THOSE WHICH RUBBISHMAN HAD
BEEN INSTRUCTED TO REMOVE EFFECTIVE JANUARY 1, 1975. MR. RHIAME
SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS.VOTE.
ITEM 2. LETTERS FROM.AEROSPACE RE: SEWER AND DUMP$TER
BILLINGS
MAYOR MACLAY READ LETTERS FROM MR. RICARDO DURAN,
MANAGER OF THE AEROSPACE COMPLEX, OBJECTING TO GARBAGE CONTAINER
CHARGES AND SEWER PENALTY TIME ELEMENT. MR. FRANCIS WAS ASKED
BY COUNCIL TO WRITE A LETTER TO MR. DURAN EXPLAINING THE REASON
FOR THE GARBAGE CONTAINER CHARGE AND ALSO TO INFORM MR. DURAN
THAT THE CITY WILL BE INVESTIGATING THE POSSIBILITY OF AMENDING
THE SEWER BOND RESOLUTION TO ALLOW MORE TIME FOR PAYMENT OF BILLS
BEFORE PENALTIES WERE LEVIED.
ITEM 3. RENEWAL AND REPLACEMENT REQUISITIONS
THE BUILDING OFFICIAL REPORTED THAT THE CITY HAD TO
OBTAIN AN EASEMENT FROM SHUFORD MILLS AND REVEREND MCINTIRE.
THE PAPER WORK FOR THIS EASEMENT HAD BEEN MAILED TO NORTH CAROLINA
MINUTES OF 1/28/75
PAGE _.3 .OE
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ARTICLE 23 AFTER DISCUSSION,THIS ITEM WAS HELD
OVER FOR FURTHER REVIEW.
ARTICLE 24 MR. NICHOLAS MOVED THAT BENEFITS IN TjHIS
ARTICLE BE DEFINED. MAYOR MACLAY SECONDED THE MOTION. �MO�ION
CARRIED UNANIMOUSLY. MR. RHAME MOVED THAT THE LAST LINE
"ORDINANCES OF THE CITY OR PERSONNEL RULES AND REGULATIONS OF
THE CITY" BE DELETED. MR. NICHOLAS SECONDED THE MOTION, MOTION
CARRIED UNANIMOUSLY.
BY MOTION OR MR. RHAME, SECONDED BY MR. NICHOLAS
AND UNANIMOUS VOTE, A SPECIAL MEETING WAS SET FOR THURSDAY,]
JANUARY 30, AT 7:30 P. M. TO WORK ON THE BALANCE OF THE PBA
CONTRACT.
BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME,'
THE MEETING WAS ADJOURNED AT 11:58 F.M.
APPROVED THIS 4TH DAY OF FEBRUARY 1975.
CITY QERK
MAYOR PRO TEM
MINUTES OF 1/28/75
PAGE 5 OF 5
MICROFILMED 4.24.$0
AND THE TWO PARTIES HAD GIVEN A VERBAL AGREEMENT TO GRANT
THE EASEMENT. HE FURTHER STATED THAT THE SEWER LINE EXTENSION,
WHICH THESE REQUISITIONS WILL COVER, WILL SERVICE THREE PIECES
OF PROPERTY. IT WAS BROUGHT OUT BY COUNCIL THAT THE SEWER
HOOK-UP FEE WOULD BE DUE ON ANY OF THE NEW CONNECTIONS. DURING
THE DISCUSSION PERIOD, MRS. JANE SCOGNA ASKED WHY THE TRAILER
LOCATED ON COLUMBIA DRIVE HAD NOT PAID A SEWER HOOK-UP FEE.
MR. ALLEN STATED THAT THERE WAS NO PROVISION FOR A CONNECTION
FEE OR HOOK-UP FEE ON A TEMPORARY PERMIT. MR. SCOTT STATED
THERE WAS ALSO NO PROVISION THAT THEY NOT PAY IT. THE CITY
TREASURER WAS INSTRUCTED TO SEND A BILL IN THE AMOUNT OF $300.00
TO MR. MAHONEY FOR THIS FEE.
MR. FRANCIS ANNOUNCED THAT HE HAD RECEIVED A LETTER
OF RESIGNATION FROM THE CHIEF OF POLICE WILLARD E. WINNETT,
EFFECTIVE FEBRUARY 21, 1975, AND ACCEPTED THE RESIGNATION WITH
EXTREME REGRET.
AT THIS TIME, THE MEETING WAS RECESSED FROM 10:05 P.M.
UNTIL AFTER THE AD HOC COMMITTEE MEETING.
MEETING RECONVENED AT 10:38.P.M.
UNFINISHED BUSINESS
ITEM 3. PBA CONTRACT
COUNCIL MEMBER MRS. ANN THURM LEFT THE MEETING AT
THIS TIME, DUE TO HER RECENT ILLNESS.
ARTICLE 16 PARAGRAPH "D"
AFTER DISCUSSION ON THIS SECTION IT WAS DETERMINED
THAT THE PARAGRAPH NEEDED TO BE REWORKED WITH THE PBA ATTORNEY,
MR. MOSS.
PARAGRAPH "F" BY MOTION OF MR. NICHOLAS, SECONDED
BY MR. RHAME, AND UNANIMOUS VOTE, THE WORD "OF" WAS CHANGED
TO "FOR" IN THE LAST LINE.
PARAGRAPH "G" BY MOTION OF MR. RHAME, SECONDED BY
MAYOR MACLAY, AND UNANIMOUS VOTE, THE WORDS "BENEFITS AND" IN
IN LINE 5 WERE DELETED.
PARAGRAPH "H" BY MOTION OF MR. RHAME, SECONDED BY
MR. NICHOLAS, AND UNANIMOUS VOTE, THE LAST SENTENCE WAS CHANGED
TO READ "FOR A MINIMUM OF TWO HOURS AT ONE AND ONE-HALF TIMES
HIS REGULAR PAY."
MINUTES OF 1/28/75
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MICROFILMED 4-24-80
TO INDIVIDUALS. HE FURTHER STATED THAT ANY COUNCIL OR BOARD
MEMBER WHO HAD ABSTAINED FROM VOTING ON ANY MATTER DUE TO
CONFLICT OF INTEREST SINCE JULY 11 1974, SHOULD FILE FORM 4
WITHOUT DELAY.
UNFINISHED BUSINESS
ITEM 1. REPORT ON COLUMBIA DRIVE ODOR PROBLEM
MR. SCOTT STATED THAT HE HAD TAKEN COMPLAINTS TO
MR. WOODARD OF THE HEALTH DEPARTMENT FOR REVIEW. HE READ
I
A LETTER FROM MR. WOODARD TO MR. VALIANTE RESCINDING
THEIR PERMIT AND STATING THAT A PERMIT FROM THE DEPARTMENT
OF POLLUTION CONTROL WAS NECESSARY UNDER A NEW LAW. HE
FURTHER STATED THAT THE DEPARTMENT OF POLLUTION CONTROL HAD
VISITED THE SITE AND GAVE THE COMPANY UNTIL MIDNIGHT, WEDNESDA`.
JANUARY 29, 1975' -TO COMPLETE THEIR FILL. THE DEPARTMENT OF
POLLUTION CONTROL FEELS THAT THIS PROBLEM IS NOT UNDER THEIR
JURISDICTION AS NO BOUNDRIES ARE BEING CHANGED AND THAT IT
/ IS NOT THE TYPE OF FILL COVERED BY THE STATE LAW. IT WAS
BROUGHT OUT BY MR. ALLEN THAT THERE WAS A DAMAGED'SEWER
LINE ON THE PROPERTY WHICH WAS TO BE REPAIRED AT THE CONTRACTOR;
COST AND THE DEPARTMENT OF POLLUTION CONTROL SAW NO REASON TO
STOP OPERATION UNTIL THIS HAD BEEN DONE AND INVESTIGATIONS
COMPLETED. THIS WOULD TAKE APPROXIMATELY TWO WEEKS. MR. SCOTT
FURTHER STATED THAT HE HAD WRITTEN TO THE DEPARTMENT OF POLLU-
TION CONTROL STATING THE CIT`1'S INTEREST AND ASKING FOR A HEARINi
MR. NICHOLAS ASKED IF THE CITY COULD ACT UNDER THE ZONING
ORDINANCE REQUIREMENTS ON ODORS, WHICH REFERS TO ODORS PERCEI
TIBLE AT THE PROPERTY LINE. MR. ALLEN WAS ASKED IF HE WOULDI
SIGN AN AFFIDAVIT AND A STOP WORK ORDER UNDER PROVISIONS OF
THE ZONING ORDINANCE. AFTER A FIVE-MINUTE RECESS, MR. SCOTT
REPORTED TO COUNCIL THAT MR. ALLEN HAD AGREED TO SIGN AN
AFFIDAVIT AND THAT A WARRANT WOULD BE ISSUED AND, IF POSSIBLE
LEGALLY, A STOP -WORK ORDER.
ITEM 2. REPORT RE: BIKE PATH (CITY MANAGER)
MR. FRANCIS REPORTED THAT HE HAD MET WITH COUNTY
COMMISSIONER HURDLE AND WAS TOLD THAT A FOUR -INCH CURBING
MINUTES OF lZ28 75
SPECIAL MEETING MICROFILMED 4-24-80
CITY COUNCIL
JANUARY 30, 1975
A SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL WAS HELD ON JANUARY 30, 1975 AT
CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT
7:30 P.M.
THE MEETING WAS CALLED TO ORDER BY MAYOR
FRANKLYN P. MACLAY.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR MACLAY, COUNCILMEN L. C. NICHOLAS,
E. H. RHAME, G. J. SALVAGGIO, MRS. ANN THURM,. CITY MANAGER
A. J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD SCOTT,
CITY CLERK ANITA J. OSTROM, SGT. AT ARMS OFFICER KLINE.
ITEM 1. PSA CONTRACT
ARTICLE 17"A" MR. RHAME MOVED TO AMEND PARAGRAPH
"A" BEGINNING IN THE 7TH LINE TO,READ "APPROVAL FOR REIMBURSEMENT
SHALL BE IN WRITING AND SIGNED BY THE EMPLOYEE AND THE CITY PRIOR TO
COMMENCEMENT OF TRAINING. SUCH REIMBURSEMENT SHALL BE SUBJECT
TO REPAYMENT AT THE DISCRETION OF THE CITY FROM THE EMPLOYEE'S
FINAL PAY CHECK SHOULD THE EMPLOYEE LEAVE THE EMPLOYER WITHIN
TWO YEARS FROM REIMBURSEMENT." MAYOR MACLAY SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
AFTER FURTHER DISCUSSION, MR. RHAME MOVED TO DELE`�E THE
ENTIRE ARTICLE 17. MRS. THURM SECONDED THE MOTION. MOTION
CARRIED UNAMIMOUSLY.
MR. RHAME MOVED TO TRANSFER ARTICLE 17 "D" TO
r
ARTICLE 15 "G" AND TO CHANGE THE LAST LINE TO READ "SHALL BE
GRANTED A LEAVE OF ABSENCE WITHOUT PAY." MR. NICHOLAS SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
ARTICLE 18"A" MR. SALVAGGIO MOVED TO AMEND BY CHAINGING
THE SECOND PARAGRAPH OF SECTION "A" TO READ AS FOLLOWS,
"SENIORITY SHALL BE A FACTOR IN THE SELECTION OF VACATIONS AND
MAY BE A FACTOR AT THE DISCRETION OF THE CITY IN THE SELECTION
OF SHIFTS, DAYS OFE', AND HOLIDAYS PROVIDED THE EMPLOYEE IS OTHER-