HomeMy WebLinkAbout05-07-1974 Regular Meetingm
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REGULAR MEETING
CITY COUNCIL
MAY 7, 1974
A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL WAS HELD ON MAY 7, 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 CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR MACLAY, COUNCILMEN R. GRAEFE, E. H. RHAME
G. J. SALVAGGIO, AND MRS. ANN THURM: CITY MANAGER,. A.J.
FRANCIS, CITY ATTORNEY, STANLEY WOLFMAN, CITY CLERK, ANITA J.
OSTROM. SGT. AT ARMS, WILLIAM RAMSEY.
THE. MINUTES OF THE APRIL 16, 1974 MEETING WERE READ
BY THE CITY CLERK AND APPROVED AS READ.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE ff -74 AMENDING 12 -71' AS AMENDED
Y 47 -73 RE: OFF STREET PARKING READING)
MAYOR MACLAY READ THE ENTIRE ORDINANCE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO. 12 -71, AS
AMENDED, BY AMENDING ,ECTION IX 1(C) "OFF STREET
PARKING AND LOADING REQUIREMENTS," BY ADDING AN
ADDITIONAL PROVISION, SUB - PARAGRAPH (5)AFFECTING
R -2. ZONING AREAS: REPEALING ALL ORDINANCES OR PARTS
THEROF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE:"
BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO
AND UNANIMOUS VOTE, THE ORDINANCE WAS ADOPTED.
ITEM 2. ORDINANCE 9 -74 CHARTER AMENDMENT RE:
BORROWING AND INTEREST RATES 2ND READING)
MAYOR MACLAY READ THE ENTIRE ORDINANCE ENTITLED:
"AN ORDINANCE AMENDING ARTICLE XX, SECT.ION 13
OF THE CHARTER OF THE CITY OF CAPE CANAVERAL,
FLORIDA, PROVIDING THE CITY POWER TO BORROW
MONEY AT INTEREST RATE AND FOR A TIME PERIOD
NOT OTHERWISE PROHIBITED BY LAW.; DELETING EXIST -
ING SECTION 13 OF ARTICLE XX OF SAID CITY CHARTER
IN ITS ENTIRETY; PROVIDING AN EFFECTIVE DATE.
BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM,
AND UNANIMOUS VOTE, ORDINANCE WAS APPROVED.
ITEM 3. ORDINANCE 10 -74 REQUIRING PAYMENT OF
ENGINEERING COSTS BY DEVELOPER 2ND READING)
THE MAYOR READ THE ENTIRE ORDINANCE ENTITLED:
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AN ORDINANCE AMENDING ORDINANCE NO. 15 -73, AS
AMENDED, BY REQUIRING ALL APPLICANTS FOR BUILDING
PERMITS TO PAY FOR COST OF REVIEW BY CITY ENGINEER
OF APPLICANT'S PLANS AND SPECIFICATIONS; PROVIDING
AN EFFECTIVE DATE.
BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM,
AND UNANIMOUS VOTE, ORDINANCE WAS ADOPTED.
ITEM 4. ORDINANCE 11 -74 LIMITING CAMPAIGN.FUNDS
TO $750.00 (2ND READING)
THE MAYOR READ THE ORDINANCE ENTITLED:
AN ORDINANCE LIMITING THE EXPENDITURE OF CAMPAIGN
FUNDS ON BEHALF OF CANDIDATES FOR MUNICIPAL OFFICE
WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA:
PROVIDING AN EFFECTIVE DATE.
MR. RHAME MOVED FOR ADOPTION, MAYOR MACLAY SECONDED
THE MOTION, DISCUSSION FOLLOWED REGARDING THE IMPACT OF THE
RESTRICTION ON CANDIDATE EXPENDITURES IN THIS YEAR'S ELECTION.
MR. SALVAGGIO MOVED TO TABLE, 11R. GRAEFE SECONDED THE MOTION.
VOTE WAS AS FOLLOWS: IN FAVOR, MR. GRAEFE, MR. SALVAGGI.O,
MRS. THURM, OPPOSED MAYOR MACLAY, MR. RHAME. MOTION CARRIED.
NEW BUSINESS
IT WAS DECIDED TO TAKE UP THE AGENDA ITEMS CONCERNING
GARBAGE COLLECTION AT THIS TIME. MR. BERNIE LAVIN PRESENTED
THE CITY ATTORNEY WITH A CHECK IN THE AMOUNT OF $10,000.00 TO
BE PLACED IN TRUST AS REQUIRED BY THE GARBAGE CONTRACT. MR. LAVIN
ASKED THAT COUNCIL POSTPONE ACTION ON THE GARBAGE CONTRACT
AMENDMENT UNTIL HIS ATTORNEY COULD BE IN ATTENDANCE.
ASR. RHAME MOVED TO POSTPONE TO THE NEXT MEETING,
ITEM 10, RESOLUTION 74 -20. MAYOR MACLAY SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 4. ORDINANCE 15 -74 AMENDMENT TO THE ORDINANCE
1ST READING
MAYOR MACLAY READ THE ORDINANCE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE-NO. 5 -74
RELATING TO GARBAGE AND TRASH COLLECTION BY
PROVIDING FOR PAYMENT .TO THE CITY OF CAPE
CANAVERAL FOR CHARGES FOR SPECIAL CONTAINERS,
WHEN SAID CONTAINERS ARE PROVIDED AT THE
CUSTOMER'S REQUEST; PROVIDING AN EFFECTIVE DATE.
BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME,
AND UNANIMOUS VOTE, FIRST READING WAS APPROVED.
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ITEM 1. SEWER AND MATER RATES
MR. WOLFMAN STATED THAT MR. SCOTT HAD BEEN UNABLE
TO MEET WITH THE CITY OF COCOA AND THAT THEY SHOULD HAVE MORE
INFORMATION BY THE NEXT WORKSHOP. THIS ITEM TO BE PLACED ON
THE AGENDA FOR THE NEXT COUNCIL WORKSHOP.
ITEM 2. ORDINANCE 12 -74 AMENDING THE ZONING ORDINANCE
RE: AUTO REPAIRS (1ST REMNUT-
THE MAYOR READ THE ORDINANCE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO. 12 -71 AS AMENDED,
BY AMENDING SECTION VII C -1 ZONING DISTRICT, BY
ALLOWING AUTOMOBILE REPAIRS AS A PRINCIPAL USE:
AMENDING.SECTION VII C -2 ZONING DISTRICT, BY
ALLOWING MAJOR AUTOMOBILE REPAIR GARAGES AS A
PRINCIPAL USE: REPEALING ALL ORDINANCES IN CON-
FLICT HBUWITH; PROVIDING AN EFFECTIVE DATE.
FIRST READING OF THE ORDINANCE WAS APPROVED BY
MOTION OF MRS. THURM, SECONDED BY MR. RHAME AND UNANIMOUS
VOTE OF THE COUNCIL.
ITEM 3. ORDINANCE 14 -74 AMENDING THE ZONING ORDINANCE
AUTHORIZ TION TO ADVERTISE
MRS. THURM MOVED THAT THE CITY CLERK BE INSTRUCTED
TO ADVERTISE ORDINANCE 14 -74. I+IR . RHAME SECONDED THE MOTION.
VOTE WAS AS FOLLOWS: IN FAVOR, MR. GRAEFE, MR. RHAME,MR. SALVAGGIO,
MRS. THURM. OPPOSED, MAYOR MACLAY. MOTION CARRIED.
ITEM 5. MOTION TO APPOINT SUBSTITUTE PROSECUTOR
FOR NICHOLAS CASE
AFTER SOME DISCUSSION, 11MR. NICHOLAS AS A POINT OF
ORDER, STATED THAT MAYOR MACLAY SHOULD NOT VOTE ON THIS APPOINTMENT
BECAUSE OF CONFLICT OF INTEREST BECAUSE HE WAS THE ONE WHO HAD
INSTIGATED THE CHARGES IN THE COURT CASE TO BE PROSECUTED..
-IR. SALVAGGIO MOVED THAT THE CITY ATTORNEY COME UP WITH THREE
CANDIDATES FOR SUBSTITUTE PROSECUTOR FOR FUTURE APPOINTMENT.
MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. RESOLUTION 74 -19 APPOINTMENT OF ELECTION
BOARD
MAYOR MACLAY READ THE RESOLUTION ENTITLED:
A RESOLUTION APPOINTING AN ELECTION BOARD FOR THE
GENERAL ELECTION: PROVIDING AN EFFECTIVE DATE:
BY MOTION OF MRS. THURM, SECONDED BY MAYOR MACLAY,
AND UNANIMOUS VOTE, RESOLUTION WAS ADOPTED.
ITEM 7. AUTHORIZATION FOR PAYMENTS FROM CONTINGENCY
FUND
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BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO,
AND UNANIMOUS VOTE OF COUNCIL, THE FOLLOWING EXPENDITURES WERE +
AUTHORIZED:
2,179.50 POLICE RADIO EQUIPMENT
500.00 DOBSON & JONES
ITEM 8 DISCUSSION OF SALARY INCREASES AND SET
EFFECTIVE DATE
MR. SALVAGGIO ASKED FOR THE PRESENT SALARIES
OF THE CITY CLERK, CHIEF OF POLICE, BUILDING OFFICIAL,
SEWER PLANT OPERATOR, AND MR. KEN BORING. THESE WERE GIVEN
BY THE CITY CLERK. MR. SALVAGGIO MOVED THAT A $10.00 INCREASE
BE GRANTED THESE NAMED PERSONS, EXCLUDING MR. FEILTEAU. MOTION 1
FAILED FOR LACK OF A SECOND. MR. FRANCIS STATED THAT MR. MURPHY'S
NAME SHOULD BE WITHDRAWN FROM THE PREVIOUSLY APPROVED INCREASES
OF APRIL 16 BECAUSE HE WAS ALREADY DUE A 6 -MONTH TIME INCREASE.
HE FURTHER STATED THAT IT WASN'T THE CITY'S POLICY TO.GIVE.
INCREASES TO DEPARTMENT HEADS IN THE MIDDLE. OF THE BUDGET YEAR
AND IF MR. FEILTEAU'S INCREASE WERE TO BE GRANTED HE WOULD
REQUEST $1,000.00 PER YEAR FOR THE CHIEF OF POLICE, THE CITY
CLERK, AND THE BUILDING OFFICIAL. MRS. THURM MOVED TO LEAVE
THE APRIL 16 INCREASES AS APPROVED AND SET THE EFFECTIVE DATE
OF MAY 1, 1974. MAYOR MACLAY SECONDED THE MOTION, AFTER FURTHER
OBJECTION FROM THE CITY MANAGER, MRS. THURM WITHDREW THE MOTION
AND MADE A NEW MOTION AS FOLLOWS: TO LEAVE EFFECTIVE THE
APRIL 16 INCREASES, ADD $10.00 PER WEEK FOR THE CITY CLERK,
CHIEF OF POLICE, BUILDING OFFICIAL, AND DELETE THE MERIT
INCREASE FOR MR. 1,4URPHY IN ORDER TO COMPLY WITH ADMINISTRATIVE
PROCEDURE AND SETTING EFFECTIVE DATE OF ALL THE INCREASES
AT APRIL 22, 1974. MAYOR MACLAY SECONDED THE MOTION. VOTE
WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. GRAEFE, MR. RHAME,
MRS. THURM, OPPOSED, MR. SALVAGGIO. I40TION CARRIED.
ITEM 9. AUTHORIZATION TO PROCEED WITH FIXED ASSET
TNVENTORY
MAYOR MACLAY MOVED THAT THE CITY CLERK BE AUTHORIZED
TO PROCEED AND PREPARE A PLAN IN CONJUNCTION WITH THE CITY
MANAGER TO PRESENT AT THE NEXT WORKSHOP MEETING. MR. SALVAGGIO
SECONDED THE MOTION. 14OTION CARRIED UNANIMOUSLY.
ITEM 11 WALKWAYS
MR. FRANCIS STATED THAT THE WALKWAY ON THE WEST SIDE
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OF NORTH ATLANTIC WAS IN THE MILL AND COMPLETION DATE OF
30 TO 45 DAYS. HE FURTHER STATED THAT HE WAS LOOKING INTO
THE POSSIBILITY OF ALSO HAVING A WALKWAY ON THE EAST SIDE
OF NORTH ATLANTIC.
ITEM 12 TREES REPORT FROM CITY MANAGER
MR. FRANCIS STATED THAT THE BEAUTIFICATION BOARD
WAS TO HAVE FURTHER DISCUSSION ON THE PLANTING OF EUCALYTPUS
TREES AND THAT MR. PAUL CHELL WAS TO BE AT THEIR MEETING.TO
REPORT ON THE SALT TOLERANCE OF THE TREES.
MRS. THURM REPORTED THAT SHE HAD RECEIVED WORD
FROM MRS. SCOGNA THAT EUCALYTPUS TREES HAVE FAR- REACHING
DESTRUCTIVE ROOTS: MRS. SCOGNA PLANS TO ATTEND THE BEAUTIFICATION
BOARD MEETING WITH MORE INFORMATION.
MAYOR MACLAY READ A PROCLAMATION SETTING THE WEEK
OF MAY 13 THRU 17 AS CITY CLERK'S'WEEK IN THE CITY OF CAPE CANAVERAL.
AT THIS TIME MR. FRANCIS SUGGESTED AN ADD -ON ITEM
REGARDING ALCOHOLIC BEVERAGES AT THE CITY PARK.
MR. SALVAGGIO MOVED TO ADD ITEM 13 TO THE AGENDA.
MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. SALVAGGIO MOVED TO NAME THE ITEM EMERGENCY
ORDINANCE 16 -74 PROHIBITING ALCOHOLIC BEVERAGES AT CITY PARK.
MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 13 EMERGENCY ORDINANCE 16 -74 RE: ALCOHOLIC
BEVERAGES AT CITY PAR
MAYOR MACLAY READ THE ORDINANCE ENTITLED:
AN EMERGENCY ORDINANCE MAKING IT UNLAWFUL TO
CONSUME ALCOHOLIC BEVERAGES WITHIN THE CONFINES
OF THE CAPE CANAVERAL LITTLE LEAGUE /SENIOR LEAGUE
BALL PARK, A /K /A THE CAPE CANAVERAL RECREATIONAL.
FACILITY; PROVIDING FOR PENALTIES FOR VIOLATION;
PROVIDING AN EFFECTIVE DATE.
MAYOR MACLAY MOVED FOR ADOPTION. MR. SALVAGGIO
SECONDED. MAYOR MACLAY MOVED TO AMEND IN THE TITLE AND SECTION
I BY ADDING "OR IN OPEN POSSESSION" MR. SALVAGGIO SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE EMERGENCY
ORDINANCE WAS UNANIMOUS. ORDINANCE ADOPTED.
MR. RHAME MOVED TO ADD ANOTHER ITEM TO THE AGENDA.
ARS.THURM SECONDED THE MOTION. '•LOTION CARRIED UNANIMOUSLY..
MR. F.HAME MOVED TO NAME THE ITEM ORDINANCE 17 -74.
,,IRS THURM SECONDED MOTION. :MOTION CARRIED UNANIMOUSLY.
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ITEM 14 ORDINANCE 17 -74 PROHIBITING ALCOHOLIC
BEVERAGES AT T I PARK (1ST READING)
MAYOR MACLAY READ THE TITLE OF.THE ORDINANCE:
AN ORDINANCE MAKING IT UNLAWFUL TO CONSUME
ALCOHOLIC BEVERAGES WITHIN THE CONFINES OF THE
CAPE CANAVERAL LITTLE LEAGUE /SENIOR LEAGUE
BALL PARK, A /K /A THE CAPE CANAVERAL RECREATION-
AL FACILITY; PROVIDING FOR PENALTIES FOR VIOLATION:
REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVID-
ING AN EFFECTIVE DATE.
MR. SALVAGGIO MOVED TO APPROVE FIRST READING.
:l,IAYOR MACLAY SECONDED THE MOTION. MR. SALVAGGIO MOVED TO
AMEND THE SAME AS THE AMENDMENT IN THE EMERGENCY ORDINANCE.
MAYOR MACLAY SECONDED. 'MOTION CARRIED UNANIMOUSLY. VOTE ON
THE MAIN MOTION WAS UNANIMOUS. FIRST READING ON THE ORDINANCE
AS AMENDED WAS APPROVED.
BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME,
THE MEETING WAS ADJOURNED AT 9:18 P.M.
APPROVED THIS 21ST DAY OF MAy 1974
It NO" o 'fm
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