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HomeMy WebLinkAbout07-17-1973 Regular Meeting• REGULAR MEETING • MICROFILMED 4 -24 -80 CITY COUNCIL JULY 17, 1973 THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JULY 17, 1973 AT THE CITY HALL,10S POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. MACLAY. ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR MACLAY; COUNCILMEN A. M. RUTKOWSKI, G. J. SALVAGGIO AND MRS. ANN THURM; CITY MANAGER A. J. FRANCIS; ASSISTANT CITY ATTORNEY RICHARD SCOTT; CITY CLERK ANITA J. OSTROM; SGT. AT ARMS WILLARD WINNETT. THE MINUTES OF THE REGULAR MEETING OF JULY 3, 1973 WERE APPROVED AFTER THE FOLLOWING CORRECTIONS: ITEM 4, RECORDING THE VOTE AS BEING UNANIMOUS AND DURING THE DISCUSSION PERIOD A POLL WAS TAKEN, VOTE WAS RECORDED ON THIS POLL, REGARDING CONTINUATION OF PLANTING THE OLEANDER TREES. THE MINUTES OF THE SPECIAL MEETING OF JULY 102 1973 WERE APPROVED AS SUBMITTED. THE TREASURY REPORT FOR JUNE, 1973 WAS APPROVED AS SUBMITTED. UNFINISHED BUSINESS: ITEM 1. ORDINANCE 24 -73 - ESTABLISHING ADMINISTRATIVE JUDGE (2nd Reading) MAYOR MACLAY READ THE ORDINANCE ENTITLED "AN ORDINANCE ESTAB- LISHING AN ADMINISTRATIVE REVIEW JUDGE INCLUDING JURISDICTION, AUTHORITY, QUALIFICATIONS, COMPENSATION, APPOINTMENT, PROCEDURE, HEARINGS AND RECORD AMENDING ORDINANCE NO. 9 -70; PROVIDING AN EFFECTIVE DATE ". MR. SALVAGGIO MOVED FOR ADOPTION OF THE ORDINANCE, MRS. THURM SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND IN SECTION I, SUB- PARAGRAPH (c) TO READ "REVIEW OF DISMISSAL ACTION BY SUPERVISORY PERSON - NEIOR IN THE'CASE OF THE CITY CLERK, CITY TREASURER OR CITY MANAGER, BY THE CITY COUNCIL ". MAYOR MACLAY SECONDED THIS MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION FOR ADOPTION OF THE ORDINANCE AS AMENDED WAS UNANIMOUS. ORDINANCE ADOPTED. ITEM 2. ORDINANCE 26 -73 - TREE PROTECTION ORDINANCE (2nd Readir. MR. RUTKOWSKI READ THIS ORDINANCE AND MOVED FOR ADOPTION+. MAYO MACLAY SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND BY ADDING TO THE DEFINITION "TRUNK DIAMETER" THE FOLLOWING WORDS "EXCEPT FOR PALMS, WHICH SHALL BE MEASURED IMMEDIATELY ABOVE THE ROOT CAP ". MAYOR MACLAY SECONDED THE MOTION TO AMEND. VOTE WAS AS 'FOLLOWS: IN FAVOR MAYOR MACLAY, ! MRS. THURM, MR. RUTKOWSKI. OPPOSED MR. SALVAGGIO. MOTION CARRIED. A MICROFILPIED 4.24 -80 TYPINGCORRECTION WAS NOTED IN SECTION 42 LINE 3, "NEW CONSTRUCTION SHALL BE ISSUED:' VOTE ON THE ORDINANCE AS AMENDED WAS AS FOLLOWS: IN FAVOR MAYOR MACLAY, 'MR. RUTKOWSKI, MRS. THURM. OPPOSED MR. SALVAGGIO. MOTION CARRIED. ORDINANCE AS AMENDED WAS,ADOPTED. ITEM 3. ORDINANCE 27 -73 - COURT ASSESSMENTS., (2nd Reading) MAYOR MACLAY READ THE ORDINANCE ENTITLED "AN ORDINANCE ESTAB- LISHING AN ADDITIONAL COURT ASSESSMENT; REPEALING ORDINANCE NO..4 -69:, PROVIDING AN EFFECTIVE DATE ". BY MOTION OF MR. RUTKOWSKI, SECONDED BY MRS. THURM AND UN- ANIMOUS VOTE OF COUNCIL, THE ORDINANCE WAS ADOPTED. ITEM 4. ORDINANCE 28 -73.- AMENDING ZONING ORDINANCE REGARDING SERVICE'STATIONS. PUBLIC HE ING (1st Reading) MR. SALVAGGIO MOVED TO TAKE THE ITEM FROM THE TABLE, MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. SALVAGGIO MOVED TO RETABLE THE ITEM. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4, TABLED. ITEM S. ORDINANCE 29-73 - 'GENERKV REPEA'L\ `ORD`INANC`E (2nd Reading) MAYOR MACLAY READ THE ORDINANCE ENTITLED f°AN ORDINANCE REPEALING ORDINANCES NO. 20 -66, 1 -68 AND 2 -71; PROVIDING AN EFFECTIVE DATE ". ORDINANCE WAS ADOPTED BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RUTKOWSKI AND UNANIMOUS VOTE OF THE COUNCIL. ITEM 6. ORDINANCE 30 -73 - UNIFORM RECORDS PROCEDURE (2nd Reac MAYOR MACLAY READ THE ORDINANCE ENTITLED "AN ORDINANCE ESTAB- LISHING A UNIFORM PUBLIC RECORDS PROCEDURE ESTABLISHED AS TO INCOMING MATERIALS, OUTGOING MATERIALS, INTERNAL MATERIALS, AND FILING; PROVISION FOR ENFORCEMENT; PROVIDING AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED FOR ADOPTION, MAYOR MACLAY SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND BY THE FOLLOWING: SECTION 12, TO READ AS FOLLOWS: "ANY OFFICER OR OFFICIAL WHO SHALL WILLFULLY AND KNOW- INGLY VIOLATE THE PROVISIONS OF THIS ORDINANCE SHALL BE SUBJECT TO RE- MOVAL". "IN ADDITION, UPON CONVICTION IN A COURT OF COMPETENT JURIS- DICTION, SAID OFFICER OR OFFICIAL SHALL BE GUILTY OF AN OFFENSE PUNISH- ABLE BY A FINE NOT TO EXCEED FIVE HUNDRED (500) DOLLARS'. VOTE ON THE MOTION FOR AMENDMENT WAS.AS FOLLOWS: IN FAVOR MAYOR MACLAY, MR. RUTKOW- SKI, MRS. THURM. OPPOSED MR. SALVAGGIO. VOTE ON THE MAIN MOTION WAS: INKFAVOR MAYOR MACLAY, MR. RUTKOWSKI AND MRS. THURM. OPPOSED MR. SAIVAGGIO. MOTION CARRIED, ORDINANCE AS AMENDED WAS ADOPTED. ITEM 7. RESOLUTION 73 -28 - GARBAGE CONTRACT THIS ITEM HAVING BEEN TABLED AT A PREVIOUS MEETING WAS LEFT ON THE TABLE FOR LACK OF A MOTION. Page 2 of 3 (7- 17 -73) MICROFILMED 4 -24 -80 NEW RITS T NR:S S ITEM 1. APPROVAL OF EXPENDITURES FROM RENEWAL AND REPLACEMENT N BY MOTION OF MRS. THUR'NI, SECONDED BY MR. SALVAGGIO AND UNAN- IMOUS VOTE OF THE COUNCIL, THE BILLS AS PRESENTED, WERE .APPROVED FOR PAYMENT. ITEM 2. RESOLUTION 73 -32 - APPOINTMENT'OF LIBRARY BOARD MEMBER. THE FLOOR WAS OPENED FOR NOMINATIONS. MR. RUTKOWSKI NOMINATED MRS. PATRICIA BEAULIEU. MR. SALVAGGIO NOMINATED MR. LEO NICHOLAS. MR. SALVAGGIO MOVED THAT NOMINATIONS BE CLOSED. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE NOMINEES WAS AS FOLLOWS: IN FAVOR OF MRS. BEAULIEU: MAYOR MACLAY, MR. RUTKOWSKI AND MRS. THURM. IN FAVOR OF MR. NICHOLAS: MR. SALVAGGIO. MAYOR MACLAY READ THE RESOLUTION INSERTING THE NAME OF MRS. PATRICIA BEAULIEU AS THE NEW LI.BRARY BOARD MEMBER. MRS. THURM MOVED FOR ADOPTION OF THE RESOLUTION, MAYOR MACLAY SECONDED THE MOTION: MOTION CARRIED UNANIMOUSLY. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO AND UNANIMOUS APPROVAL OF COUNCIL, THE MEETING WAS ADJOURNED AT 8:35 P.M. APPROVED THIS 7 DAY OF AUGUST1.1973. r C Y CLERK MAN OR r Page 3 of 3 (7;17 -73 ):-