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Home My WebLink About01-15-1974 Regular Meeting• MICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL JANUARY 15, 1974 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JANUARY 15, 1974 AT THE CITY HALL, 105 POLK AVENUE,-CAPE CANAVERAL, FLORIDA AT 7:30 P.M. MACLAY. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. THE ROLL WAS CALLED BY THE DEPUTY CITY CLERK. OFFICIALS PRESENT WERE: MAYOR MACLAY, COUNCILMEN E. H. RHAME, G. J. SALVAGGIO, A. M. RUTKOWSKI, AND MRS ANN THURM,. CITY MANAGER, A. J. FRANCIS, CITY ATTORNEY, STANLEY WOLFMAN, DEPUTY CITY CLERK, ELSI•E.FRAZIER, SGT. AT ARMS, OFFICER RAMSEY. MINUTES OF THE REGULAR MEETING OF JANUARY 3, 1974 WERE APPROVED AS SUBMITTED. UNFINISHED BUSINESS ITEM 1 ORDINANCE" 2 -74 NOISE ORDINANCE I MAYOR MACLAY READ THE ORDINANCE IN FULL ENTMED: "AN ORDINANCE REGULATING NOISE WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING CERTAIN NOISE STANDARDS; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINANCE NO. 21 -72 AND ANY OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED THAT THE ORDINANCE BE APPROVED. MRS. THURM SECONDED THE MOTION. AFTER SOME DISCUSSION ON THE NOISE EMANATING FROM VEHICLES, THE SCALE LIMITS, AND THE RECOMMENDED AMENDMENTS TO ORDINANCE 2 -74, MRS. THURM MOVED THAT FURTHER ACTION ON ORDINANCE 2 -74 BE POSTPONED UNTIL MR. WARREN, ONE OF THE ADVISORS ON THIS ORDINANCE, CAN BE CONTACTED FOR FURTHER GUIDANCE ON THIS AT A WORKSHOP TO HELP IRON OUT THE PROBLEMS. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. RUTKOWSKI SUGGESTED SEEKING FURTHER ASSISTANCE FROM DR. DEFAZIO, PROFESSOR OF PHYSICS,.AT F.I.T. AND INVITING HIM TO THE WORKSHOP FOR HIS ADVICE ON THIS MATTER. COUNCIL WAS IN AGREEMENT. MINUTES 1/15/74 PAGE I OF 5 J MICROFILMED 4.24 -80 NEW BUSINESS ITEM 1- RESOLUTION 74-2 RESCINDING RES. 73 -44 MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED "A RESOLUTION RESCINDING RESOLUTION NO. 73 -44., ENTITLED "A RESOLUTION CERTIFYING THE INTENT OF THE CITY OF CAPE CANAVERAL TO ABOLISH ITS MUNICIPAL COURT; PROVIDING AN.EFFECTIVE DATE. "; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED THAT RESOLUTION 74 -2 BE ADOPTED. MR. RHAME SECONDED THE MOTION. VOTE AS FOLLOWS; IN FAVOR, MR. RHAME, MRS. THURM AND MR. SALVAGGIO, OPPOSED: MAYOR MACLAY AND MR. RUTKOWSKI. MOTION CARRIED. ITEM 2 RESOLUTION 74 -3 POLICE SUPPLEMENTAL PENSION MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED "A RESOLUTION AUTHORIZING SUPPLEMENTAL POLICE PENSION BENEFITS; PROVIDING THAT COST THEREOF SHALL BE PAID IN PART FROM REVENUE SHARING FUNDS RECEIVED BY STATE FROM FIRE INSURANCE PROCEEDS; PROVIDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED THAT THE RESOLUTION BE ADOPTED. MRS. THURM SECONDED THE MOTION. VOTE WAS UNANIMOUS IN FAVOR OF ADOPTING THE RESOLUTION. ITEM 3 ORDINANCE 3 -74 MOTION TO ADVERTISE 1ST READING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 3 -72 WHICH ORDINANCE ADOPTED THE SOUTHERN STANDARD BUILDING CODE FOR THE CITY OF CAPE CANAVERAL BY ESTABLISHING CERTAIN CONDITIONS UNDER WHICH THE BUILDING OFFICIAL MAY EXTEND BUILDING PERMITS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. THURM MADE THE MOTION THAT ORDINANCE 3 -74 BE ADVERTISED. MR. RHAME SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. MR. RUTKOWSKI CALLED POINT OF ORDER. HE MOVED ITEMS 3A AND 3B BE ADDED TO THE AGENDA. ITEM 3A BEING THE CONSIDERATION OF ORDINANCE 3 -74 AT FIRST READING. ITEM 3B BEING THE CONSIDERATION OF A NEW ORDINANCE (FORMERLY KNOWN AS ORDINANCE 1 -74) FOR ADVERTISING, MR. RHAME SECONDED -THE MOTION. VOTE WAS UNANIMOUSLY IN FAVOR. MR. RUTKOWSKI MOVED FOR THE ADOPTION OF ORDINANCE 3 -74 AT FIRST READING. MAYOR MACLAY SECONDED THE MOTION. VOTE WAS UNANIMOUSLY IN FAVOR. MR. RUTKOWSKI MADE A MOTION THAT THE CITY ADVERTISE THE MINUTES 1/15/74 PAGE 2 OF 5 • ' M1CR0FlLMW : 4 -24 -80 ORDINANCE FORMERLY KNOWN AS ORDINANCE NUMBER 1 -74. MAYOR MACLAY SECONDED THE MOTION. VOTE WAS UNANIMOUS ITEM 4. CONSIDERATION OF STREET LIGHTS AFTER A DISCUSSION REGARDING THE SAFETY FACTOR INVOLVED IF THE STREET LIGHTS WERE PARTIALLY TURNED OFF, MR. RHAME MADE THE FOLLOWING MOTION. DUE TO THE FACT THAT OUT PRESENT ILLUMINATION LEVEL IS HARDLY CONSIDERED ADEQUATE BY NORMAL HIGHWAY SAFETY STANDARDS, MR. RHAME MOVED THAT THE STREET LIGHTS REMAIN AS THEY ARE. MAYOR MACLAY SECONDED THE MOTION.- VOTE UNANIMOUS. ITEM 5 MOTION TO AUTHORIZE LETTER BY ATTORNEY ON SEWER CHARGES MRS..THURM MADE A MOTION REQUESTING OUR ATTORNEY WRITE, -A LETTER TO OUR BONDING AGENT, HOUGH $ COMPANY, TO`SEE IF,.,THERE.IS ANY RELIEF THAT CAN BE GIVEN TO THE CONDOMINIUM :OWNERS WHO ARE PAYING SEWER CHARGES ON THE EMPTY CONDOMINIUMS. MR. SALVAGGIO SECONDED THE MOTION. MOTION C'ARRIED'UNANIMOUSLY. > "ITEM 6 RESOLUTION 74 -4 RE: RE- APPOINTMENT OF .,BEAUTIPICATION BOARD MEMBERS MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED "A RESOLUTION RB- APPOINTING MEMBERS TO THE CITY BEAUTIFICATION BOARD,--PROVIDING AN EFFECTIVE DATE" ;MAYOR MACLAY MOVED THAT THE RESOLUTION BE ADOPTEDj, APPOINTING JESSIE JACKSON, JESSIE FAIRMAN, BETSY MACLAY AND ROBERT LAWS TO__THE BEAUTIFICATION BOARD. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7 RECONSIDERATION OF BUDGET REVISION MRS. THURM HAD REQUESTED THIS ITEM SO COUNCIL COULD RECONSIDER THE PROVISION THEY MADE PERTAINING TO THE SUPERIN- TENDENT OF THE WASTE WATER TREATMENT PLANT'S TRUCK MILEAGE. MRS. THURM ASKED THAT THE COUNCIL LISTEN TO MR. FEILTEAU'S OBJECTIONS TO THE CHANGE IN HIS SALARY. MR. RUTKOWSKI MOVED THAT COUNCIL RESCIND THE ACTION TAKEN AT THE COUMtIL MEETING OF JANUARY 3, 1974 REGARDING ES- TABLISHING AN AUTO - COMPENSATION FUND FOR THE THREE CITY EMPLOYEES. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MINUTES OF 1/15/74 PAGE 3 OF 5 OF CAPE CANAVERAL. IT WAS BROUGHT OUT THAT THE AGREEMENT HAD STILL NOT BEEN SEALED AND ACCEPTED.AND THE GARBAGE CONTRACT HAS BEEN IN EFFECT SINCE MAY 1, 1973. MR. LAVIN WAS IN THE AUDIENCE AND AGREED TO RETURN WITH HIS SEAL AND HIS ASSISTANT SECRETARY THAT SAME EVENING. THE AUDITOR'S REPORT BROUGHT OUT THE FACT THAT MR. LAVIN HAS NOT PRODUCED A PERFORMANCE BOND. MR. RHAME GAVE MR. LAVIN UNTIL FEBRUARY 10, 1974 TO PRODUCE A PERFORMANCE BOND. IN LIEU OF A PERFORMANCE BOND, ..A CERTIFIED CHECK jN THE. AMOUNT.OF- -$15,000.00 WOULD BE SATISFACTORY. ITEM 9 ACCEPTANCE OF AUDITOR'S REPORT MAYOR MACLAY MOVED THE AUD'ITOR'S REPORT BE ACCEPTED. MRS. THURM.SECONDED THE MOTION. MR.- RUTKOWSKI REQUESTED THAT THE MOTION BE CLARIFIED SO THAT THE MOTION NAMES THE PARTICULAR DOCUMENT. MAYOR MACLAY REQUESTED MOTION BE MODIFIED TO READ CITY OF CAPE CANAVERAL FINANCIAL STATEMENT OF SEPTEMBER 30, 1973. MRS. THURM SECONDED THE MODIFIED MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME STATED.THAT HE WOULD LIKE TO FURTHER MOVE THAT THE AUDITOR'S DOCUMENT ADDRESSED TO THE CITY COUNCIL DATED 12/7/73 SIGNED BY DOBSON & JONES, P.A. AND TITLED "FURTHER INTERNAL CONTROL & RECOMMENDATIONS FOR YEAR ENDING SEPTEMBER 307 1973" BE DIRECTED TO THE ATTENTION OF ALL DEPARTMENT HEADS, AND THAT PRIOR TO THE NEXT WORKSHOP COUNCIL GET AN EXPLANATION FOR EACH ITEM EITHER THAT THE RECOMMENDATION WILL BE COMPLIED WITH OR THE REASON WHY IT CANNOT BE COMPLIED WITH. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. DOBSON POINTED OUT THAT OUT OF THE 25 OR MORE AGENCIES HIS FIRM AUDITS EACH YEAR THAT THE CITY OF CAPE CANAVERAL HAS THE BEST FINANCIAL RECORDS. ITEM 10 REPORT ON THE STATUS OF LAWSUITS ATTORNEY STANLEY WOLFMAN REPORTED THAT CAPE CANAVERAL HAS TWO LAW SUITS ON APPEAL. THE FIRST IS CEVESCO. THE CASE BRIEFS HAVE BEEN FILED BY WOLFMAN & SCOTT AND THEY ARE WAITING MINUTES 1/15/74 PAGE 4 np 5 d MICROFILMED � 24 �Q THE REPLY BRIEF FROM THE APPELLEE.. ON FIRST INTE TA E CA THE BRIEF IS DUE JANUARY 31, 1974 AND THE ATTORNEYS ARE IN THE PROCESS OF PREPARING IT. THE TWO SUITS ON THE ARMY NAVY CLUB ARE IN LIMBO. NOTHING MORE HAS BEEN DONE SINCE LAST REPORT TO COUNCIL. MOTION TO DISMISS HAS BEEN GRANTED. THEY AMENDED THEIR COMPLAINTS AND WE HAVE ANSWERED THEIR AMENDED COMPLAINTS. DISCUSSION A DISCUSSION WAS HELD ON RIVER BASIN PLAN NOW BEING CONDUCTED IN THE STATE. MR. FRANCIS HAS TALKED WITH STEVE THAYER, OF BRILEY WILD, WHO IS WAITING TO SEE THE OUTCOME BEFORE MAKING ANY MORE PLANS FOR THE CITY. MR. FRANCIS REPORTED THAT THE POLICE BUILDING PLAN HAS BEEN APPROVED IN TALLAHASSEE. MR. RHAME REQUESTED HE BE PLACED ON THE NEXT WORKSHOP TO PRESENT POLICE CONSTRUCTION PACKAGE. MEETING ADJOURNED THE MEETING WAS - RECALLED. MR. RUTKOWSKI HAD SOME DISCUSSION ON THE REPORTING OF OTHER COMPENSATION ON THE IRS W -2 FORMS. HE ALSO POINTED OUT THE ADDITION OF SPEAKERS IN THE COUNCIL ROOM AND THAT A PUBLIC ADDRESS SYSTEM WOULD SOON BE IN- STALLED. DISCUSSION WAS HELD ON ABOLISHING OF THE CITY - COURT. IT WAS AGREED THAT THE COUNTY COURT BE CONTACTED TO GET A WRITTEN DECISION ON WHETHER A COURT COULD BE HELD EITHER IN CAPE CANAVERAL OR COCOA BEACH. MR. RUTKOWSKI MOVED THAT MEETING BE ADJOURNED. MRS. THURM SECONDED MOTION. MOTION WAS UNANIMOUSLY AGREED UPON. MEETING ADJOURNED AT 10:10 P.M. APPROVED THIS5TH DAY OF FEBRUARY MAYOR 1974. MINUTES 1/15%74 PAGE 5 OF 5 WA V � I rCLERK E ,tjj MAYOR 1974. MINUTES 1/15%74 PAGE 5 OF 5