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HomeMy WebLinkAbout02-19-1974 Regular MeetingMICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL FEBRUARY 19, 1974 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON FEBRUARY 19, 1974 AT THE 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, E.H. RHAME, G. J. SALVAGGIO, A.M. RUTKOWSKI, FIRS. ANN THURM, CITY MANAGER,. A.J. FRANCIS, CITY ATTORNEY,STANLEY WOLFMAN, CITY CLERK, ANITA J. OSTROM, SGT. AT ARMS, ALBERT PRAETORIUS. MINUTES OF THE REGULAR MEETING OF FEBRUARY 5, 1974 WERE APPROVED AS SUBMITTED. TREASURER'S REPORT OF JANUARY 1974 WAS REVIEWED AND APPROVED. UNFINISHED BUSINESS ITEM 1 ORDINANCE 4 -74 AMENDING ZONING ORDINANCE 12-71 2ND READING D PUBLIC HEARING) MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 12 -71 AS AMENDED, WHICH ORDINANCE IS THE ZONING REGULATION ORDINANCE FOR THE CITY OF CAPE CANAVERAL, FLORIDA, BY FURTHER AMENDING CONDITIONS UNDER WHICH BUILDING PERMITS SHALL BE ISSUED, AND BY PROVIDING THAT THE EXPIRATION OF BUILDING PERMITS SHALL BE IN ACCORDANCE WITH PROVISIONS OF THE SOUTHERN STANDARD BUILDING CODE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED TO ADOPT THE ORDINANCE. MRS. THURM SECONDED THE MOTION. MAYOR MACLAY MOVED TO AMEND IN PARAGRAPH 5 BY ADDING THE WORDS "AS AMENDED." MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ORDINANCE AS AMENDED WAS ADOPTED. ITEM 2 MOTION REGARDING BIKEWAYS MAYOR MACLAY MOVED TO AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $3,000 FOR THE CONSTRUCTION OF BIKEWAYS .MICROFILMED 4 -24.80 FROM WASHINGTON AVENUE NORTH ON THE EAST SIDE OF HIGHWAY 401. MR. RUTKOWSKI SECONDED THE�MOTION. AFTER CONSIDERABLE DISCUSSION REGARDING THE AVAILABILITY OF FUNDS FOR THIS PURPOSE, MR. RHAME MOVED TO POSTPONE THE ITEM UNTIL COMPLETION OF THE BUDGET REVIEW. MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED)MAYOR MACLAY AND MR. RUTKOWSKI MOTION CARRIED. ITEM 3 VOTER REGISTRATION MR. SALVAGGIO MOVED THAT RESOLUTION 74 -5 BE APPROVED FOR REGISTRATION IN THE CITY HALL FROM MARCH 1, TO MAY 1, 1974). ON A TRIAL BASIS. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, AND MRS. THURM, OPPOSED,MR. RUTKOWSKI. MOTION CARRIED. RESOLUTION 74 -5 ADOPTED. NEW BUSINESS ITEM 1 RESOLUTION 74 -7 VACATE STREET THERE WAS SOME QUESTION AS TO THE LEGAL MANNER OF HANDLING THIS ITEM IN CONFORMITY WITH THE REFERENDUM ORDINANCE. BY MOTION OF MR. RHAME, SECONDED BY MAYOR MACLAY,AND UNANIMOUS VOTE, THE ITEM WAS POSTPONED FOR A RULING FROM THE CITY ATTORNEY.. ITEM 2 RESOLUTION 74 -8 AUTHORIZING COMMUNICABLE RATE CREASE MAYOR MACLAY READ THE RESOLUTION ENTITLED. A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR T.V. CABLE SERVICE AND INSTALLATION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. RHAME MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED. MR. RUTKOWSKI MOVED TO AMEND THE RESOLUTION BY NAMING 1°GENERAL OPERATION POLICIES" TO "RATE SCHEDULE EXCEPTIONS" AND DELETING THE ENTIRE SECTION EXCEPT THE LAST PARAGRAPH AND CHANGING THE THE $.50 PER FOOT TO $.10 PER FOOT. MAYOR MACLAY SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY AND MR. RUTKOWSKI, OPPOSED, MR. RHAME, MR. SALVAGGIO AND MRS. THURM. AMENDMENT FAILED. MAYOR MACLAY MOVED TO AMEND BY MAKING THE INCREASE ON ALL SERVICE CHARGES AT A FLAT 15 PERCENT. MR. SALVAGGIO SECONDED THE MOTION. AFTER DISCUSSION FROM THE CABLE T.V. MINUTES OF 2 /19/74 PAGE 2 OF 3 MICROFILMED 4 -24 -80 MANAGER, RALPH HATCHER AND ATTORNEY WALTER ROSE AS TO THE FINANCIAL IMPACT OF A FLAT INCREASE ON THEIRASTATUS, MR. SALVAGGIO MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT REGULAR MEETING. MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI, MR. SALVAGGIO, MR. THURM, OPPOSED, MR. RHAME. MOTION CARRIED. ITEM 3 ORDINANCE 5 -74 RE: GARBAGE & TRASH COLLECTION REPLACING ORDINANCE 4' -6 1ST READING MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE RELATING TO GARBAGE AND TRASH COLLECTION, REQUIRING GARBAGE RECEPTACLES,. PRESCRIBING LOCATION AND CONDITION OF SAID GARBAGE RECEPTACLES, ESTABLISHING REGULATIONS FOR PICK -UP AND-FOR REMOVAL OF GARBAGE AND TRASH; PROVIDING PENALTIES FOR VIOLATION; PROVIDING AN EFFECTIVE DATE. BY MOTION OF.MR. RUTKOWSKI, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. ITEM 4 RESOLUTION 74 -9 AUTHORIZING RUBBISHMAN INC. TO POST CASH BOND MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION ACCEPTING A CASH BOND OF $5,000.00 FROM RUBBISHMAN, INC. PURSUANT TO GARBAGE. COLLECTION AGREEMENT, IN LIEU OF BOND PROVIDED FOR IN SAID CONTRACT; PROVIDING AN EFFECTIVE DATE. MR. RHAME MOVED TO ADOPT THE RESOLUTION. MR. THURM SECONDED THE MOTION. THE CITY ATTORNEY DETERMINED THAT CLARIFICATION WAS NEEDED REGARDING PENALTY IN CASE OF NON- CONFORMANCE BY RUBBISHMAN. MR. RUTKOWSKI MOVED TO POSTPONE THE RESOLUTION TO THE NEXT REGULAR MEETING. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME THE MEETING WAS ADJOURNED AT 9:30 P.M. APPROVED THIS STH DAY OF MARCH 1974. CITY CLE MAYOR MINUTES OF 2/19/74 PAGE 3 OF 3