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
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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'=
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._ 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.
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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
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