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HomeMy WebLinkAbout05-21-1974 Regular MeetingREGULAR MEETING R ` CITY COUNCIL MICROFILMED 4 -24 -$0 �L -NY 21, 1974 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MAY 21, 1974 AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:55 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. MACLAY. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: I'IAYOR MACLAY, COUNCILMEN R. GRAEFE, E.H. RHAME, 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 MAY 7, 1974 MEETING WERE READ BY THE CITY CLERK AND APPROVED. THE TREASURER'S REPORT WAS APPROVED AS SUBMITTED. UNFINISHED BUSINESS MAYOR MACLAY MOVED TO TAKE ITEM-1 FROM THE TABLE. MR. RHAME SECONDED. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM, OPPOSED, MR. GRAEFE. MOTION CARRIED. ITEM 1 ORDINANCE 11 -74 REGARDING CAMPAIGN EXPENDI- TURES 2ND READING) MAYOR MACLAY READ THE ORDINANCE IN FULL 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 TO ADOPT THE ORDINANCE,. MRS. THURM SECONDED THE MOTION. MR. SALVAGGIO MOVED TO AMEND BY DELETING THE FIGURE OF $750.00 AND INSERTING $1;000.00. MOTION FAILED FOR LACK OF SECOND. VOTE ON THE MOTION TO ADOPT WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MRS. THURM, OPPOSED, MR. GRAEFE, AND MR. SALVAGGIO. MOTION CARRIED. ITEM 2 ORDINANCE 12 -74 AMENDING ORD. 12 -71 RE: MAJOR AUTO REPAIR 2ND READING MAYOR MACLAY READ THE ORDINANCE IN FULL 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; �NIENDING SECTION VII C-2 ZONING DISTRICT, BY ALLOWING MAJOR AUTOMOBILE REPAIR GARAGES AS A PRINCIPAL USE; REPEALING ALL ORDINANCES lN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE 't MICROFILMED 4.24 -80 MR. SALVAGGIO MOVED FOR ADOPTION. MRS. THURM SECONDED THE MOTION. MR. EUGENE JANDREAU WAS RECOGNIZED AND SPOKE IN OPPOSITION TO THIS ORDINANCE STATING THAT HE WAS OPPOSED TO A REPAIR GARAGE BEING NEXT TO A HOUSE AND BEAUTY SHOP HE OWNS ON NORTH ATLANTIC. MAYOR MACLAY MOVED TO POSTPONE THIS ITEM UNTIL JUNE 4, 1974 MEETING. MR. SALVAGGIO SECONDED. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION 74 -20 GARBAGE CONTRACT DENDUM MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO ENTER INTO A FIRST ADDENDUM TO THE AGREEMENT WITH RUBBISHMAN, INC. FOR THE COLLECTION OF GARBAGE" AND TRASH. MR. RHAME MOVED FOR ADOPTION OF THE RESOLUTION. MR. SALVAGGIO SECONDED. MR. SCOTT READ, FOR THE BENEFIT OF THE AUDIENCE, THE NEW RATES IN THE CONTRACT ADDENDUM. VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION ADOPTED. NEW BUSINESS ITEM 1. MOTION RE: 911 EMERGENCY SYSTEM. CHIEF WINNETT EXPLAINED HOW THE EMERGENCY SYSTEM WOULD WORK, THAT IT WAS TO EVENTUALLY BE A NATION -WIDE SYSTEM AND THAT THE CITY OF CAPE CANAVERAL AND COCOA BEACH WERE TO BE ONE OF THE FIRST IN THE STATE OF FLORIDA. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME • 5 AND UNANIMOUS VOTE, APPROVAL WAS GIVEN TO GO IN WITH COCOA BEACH ON THE 911 EMERGENCY SYSTEM. ITEM 2 ORDINANCE 18 -74 RE: ANIMAL CONTROL (EMERGENCY ORDINANCE) THE MAYOR READ THE ENTIRE ORDINANCE ENTITLED: AN EMERGENCY ORDINANCE PROVIDING FOR THE HANDLING OF COMPLAINTS FOR VIOLATION OF ORDINANCE NO. 10 -70, KNOWN AS THE ANIMAL CONTROL ACT, AS AMENDED; PROVIDING FOR PENALTIES FOR VIOLATION OF SAID ANIMAL CONTROL ACT; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THUR1'1, AND UNANIMOUS VOTE EMERGENCY ORDINANCE WAS ADOPTED. ITEM 3. ORDINANCE 19 -74 REGARDING ANIMAL CONTROL 1ST READING) MINUTES OF 5/21/74 PAGE Z OF 6. MICROFILMED 4-24 -80 THE MAYOR READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 10 -70 AS AMENDED, KNOWN AS THE ANIMAL CONTROL ACT, BY PROVIDING FOR ADDITIONAL METHODS OF COMPLAINTS FOR VIOLATION AND ENFORCEMENT FOR VIOLATION OF SAID ORDINANCE: BY PROVIDING MINIMUM AND MAXIMUM PENALTIES FOR THE VIOLATION OF SAID ORDINANCE: BY REPEALING ORDINANCE NO. 14 -71 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. FIRST READING WAS APPROVED BY MOTION OF MR. SALVAGGIO, SECONDED BY MAYOR MACLAY AND UNANIMOUS VOTE. ITEM 4 ORDINANCE 14 -74 AMENDING ZONING ORD. 12 -71, P 1 THE MAYOR READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 12 -71 AS AMENDED, BY.AMENDING SECTION VIII (RPUD) BY RE- QUIRING THAT APPLICANTS FOR A PRELIMINARY AND / OR FINAL APPLICATION FOR AN RPUD BE REQUIRED TO PAY TO THE CITY OF CAPE CANAVERAL ALL EXPENSES INCURRED BY SAID CITY NECESSARY TO REVIEW AND APPROVE SUCH APPLICATIONS, BY PROVIDING THAT THE BUILDING OFFICIAL MAY REQUIRE APPLICANTS FOR PRELIMINARY AND /OR FINAL APPLICATIONS FOR AN RPUD PROVIDE THE CITY WITH A DEPOSIT OF SAID ESTIMATED COSTS; REPEALING ALL ORDINANCES PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, AND UNANIMOUS AGREEMENT THE FIRST READING WAS APPROVED. ITEM 5 SEWER RATES -WATER INCREASE MR. SCOTT REPORTED THAT HE HAD MET WITH THE CITY OF COCOA OFFICIALS. THEY WERE UNWILL.ING TO SET UP A MEETING BETWEEN THE TWO CITIES AND SUGGESTED THAT COUNCIL SUBMIT SUGGESTED NEW RATES TO BE PRESENTED FOR THE CITY OF COCOA COUNCIL'S CONSIDERATION. HE FURTHER STATED THAT THE COUNTY COMMISSION IS WRITING A LETTER TO THE CITY OF COCOA STATING THAT THEIR RATE INCREASE WAS ILLEGAL AND ASKING THAT THEY BE REVISED. MR. RHAME MOVED THAT OUR CITY-MANAGER TAKE SIMULTANEOUS ACTION BY WRITING A.LETTER TO COCOA REQUESTING.THAT OUR RATES BE THE SAME AS THE CITY OF COCOA BEACH AND THAT OUR ATTORNEY AND AUDITOR GO FORWARD WITH INVESTIGATION AND PREPARATION FOR A SUIT SHOULD IT BECOME NECESSARY. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. IN REGARD TO SEWER RATES, MR. RHAME ASKED THE CITY CLERK TO FURNISH AT THE NEXT WORKSHOP A SCHEDULE OF COMPARATIVE MINUTES.OF 5/21/74 PAGE 3'OF 6 MICROFILMED 4 -24 -80 y INCOME UNDER THE PRESENT SEWER. RATE AND NEW PROPOSED RATES ON COMMERCIAL ACCOUNTS. ITEM 6 MOTION TO APPOINT SUBSTITUTE PROSECUTOR MR. SCOTT STATED THAT HE HAD BEEN UNABLE TO FIND AN ATTORNEY FOR THIS POSITION AND THAT HE UNDERSTOOD THERE WAS A POSSIBILITY SOMEONE FROM THE STATE ATTORNEY'S OFFICE MIGHT SERVE IN THIS CAPACITY. MAYOR MACLAY MOVED TO APPOINT MR. MEL GROSSMAN. THIS MOTION FAILED FOR LACK OF A SECOND. MR. RHAME MOVED THAT MR. SCOTT BE AUTHORIZED TO GET A SUBSTITUTE PROSECUTOR FROM THE STATE ATTORNEY'S OFFICE IF POSSIBLE. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7 PLAN FOR FIXED INVENTORY MR. FRANCIS AND THE CITY CLERK REPORTED ON THE NECESSARY PROCEDURE TO SET UP THE FIXED ASSET INVENTORY FOR THE CITY. DUE TO THE TIME ELEMENT AND STATE REQUIREMENTS, IT WAS FELT ::SHAT.: XT- -WAS NECESSARY FOR THE CITY TO HAVE SOMEONE KNOWLEDGEABLE WHO COULD START ON THIS PROJECT WITHOUT DELAY. AN ACCOUNTING MAJOR, STEVE LAUER, WOULD BE AVAILABLE FOR THIS POSITION. BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE OF THE COUNCIL, MR. FRANCIS WAS INSTRUCTED TO HIRE THIS NEW EMPLOYE.. RATE WAS SET AT APPROXIMATELY $100.00 PER WEEK. ITEM 8 RESOLUTION 74 -21 RE: 201 FACILITIES PLAN FOR SEWER CONSTRUCTTON MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE COORDINATOR OF DEVELOP - MENT FOR BREVARD COUNTY TO FILE ON BEHALF OF THE CITY OF CAPE CANAVERAL AN APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY FOR ASSISTANCE UNDER PUBLIC LAW FOR THE PREPARATION OF A SEWER FACILITY CONSTRUCTION PLAN. BY MOTION OF MRS. THURM, SECONDED BY MAYOR.MACLAY,.AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. MAYOR MACLAY MOVED THAT A CERTIFIED COPY BE SENT TO THE COUNTY PLANNING DEPARTMENT TO JOHN HANNAH, MR.. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 9 MOTION RE: PLANNED USE REPORT REVENUE SHARING 5TH ENTITLEMENT PERIOD MAYOR MACLAY MOVED THAT THE REPORT BE PUBLISHED ALLOCATING THE FUNDS TO PUBLIC SAFETY CAPITAL IMPROVEMENTS. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 10 BUILDING OFFICIAL'S OPINION RE: OCEAN PLACE "'LAYOR LIACLAY P. =' THE BUILDING OFFICIAL' S OPINION [INUTES OF- °5/21/74 PAGE 4 OF 6'= R ._ MICROFILMED 4 -24 -80 REGARDING.LEGALITY OF PARKING AT OCEAN PLACE DEVELOPMENT. MR. ALLEN, THE BUILDING OFFICIAL, EXPLAINED HIS REASONING FOR THE OPINION. HE STATED THAT THE PROJECT WAS UNDER CONSTRUCTION AND PROGRESSING. MR. SCOTT STATED THAT THE METHOD OF APPEALING THE OPINION OF THE BUILDING OFFICIAL WOULD BE THRU THE BOARD OF ADJUSTMENT AND MUST BE DONE BY JUNE 14, 1974 BY ANY INDIVIDUAL WHO DESIRED TO DO SO. ITEM 11 AUTHORIZATION FOR CLEANING DITCH MR. FRANCIS ASKED THAT THIS ITEM BE TABLED. NO ACTION WAS TAKEN. ITEM 12 RESOLUTION 74 -22 APPOINTMENT OF MEMBER TO BOARD OF ADJUSTMENT MAYOR MACLAY READ LETTERS FROM A.D. ANDERSON; ALFRED E..' SCOGNA, AND JACK HURCK. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME, THE THREE NAMES WERE PLACER IN NOMINATION. EACH COUNCIL MEMBER WAS ASKED TO NAME THEIR CHOICE TO FILL THE POSITION THE VOTE.WAS UNANIMOUS FOR MR. SCOGNA. ti1AYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE " THE MAYOR INSERTED MR. SCOGNA'S NAME IN THE RESOLUTION. BY MOTION OF MRS. THRUM, SECONDED BY MR SALVAGGIO, AND UNANIMOUS VOTE,THE RESOLUTION WAS ADOPTED. ITEM 13 RESOLUTION 74 -23 RE: APPOINT MEMBERS 0 L B AR B MAYOR MACLAY READ LETTERS FROM LEO NICHOLAS, WALTER NYREN, AND JAMES MAHONEY. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO,. THESE THREE NAMES WERE PLACED IN NOMINATION. IT WAS BROUGHT OUT THAT THE LIBRARY BOARD MEMBERS WERE TO HAVE FIVE -YEAR TERMS WITH ONE EXPIRING EACH YEAR. MR. SALVAGGIO MOVED THAT MR. 14YREN BE APPOINTED FOR A TERM TO EXPIRE JULY,1, 1979, MR. 4ICHOLAS, JULY 1, 1977, AND MR. MAHONEY,JULY 1, 1976. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MACLAY READ THE RESOLUTION ENTITLED : MINUTES OF 5/21/74. PAGE 5 OF 6 MICR0FILME0 4 -24 -8 A RESOLUTION ELECTING MEMBERS TO THE LIBRARY BOARD; PROVIDING AN EFFECTIVE-DATE.- MAYOR MACLAY INSERTED THE NAMES OF THE NEWLY APPOINTED LIBRARY BOARD MEMBERS IN THE READING OF THE RESOLUTION. BY.MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. MRS. THURM ASKED THAT THE CITY CLERK CONTACT THE NEW MEMBERS-OF THE LIBRARY BOARD TO HOLD THEIR ORGANIZATIONAL MEETING WITHOUT DELAY DUE TO IMMEDIATE PENDING BUDGET. BY MOTION OF MR. SALVAGGIO, SECONDED BY-MRS. THURM, THE MEETING WAS ADJOURNED AT 11:30 P.M. APPROVED THIS 4TH t' CITY CLERK DAY OF ' JUNE ' ' , 1974. MINUTES OF 5/21/74 PAGE 6 OF ,61