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HomeMy WebLinkAbout10-01-1974 Regular MeetingMICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL OCTOBER 1, 1974 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF_ CAPE CANAVERAL WAS HELD ON OCTOBER 1, 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, COUNCILMEN E.H. RHAME, G.J.SAL.VAGGIO, MRS. ANN THURM, CITY MANAGER A. J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK- ANITA J. OSTROM, SGT. AT ARMS ALBERT PRAETORIUS. THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 17, 1974 AND MINUTES OF PUBLIC HEARING SEPTEMBER 24, 1974 WERE APPROVED AS SUBMITTED. UNFINISHED BUSINESS ITEM 1. RESOLUTION 74 -51 APPOINTMENT OF COUNCIL MEMBER MAYOR MACLAY READ A LETTER FROM ANOTHER APPLICANT FOR THE COUNCIL MR. HAROLD POWELL. OTHERS APPLYING WERE LEO NICHOLAS, JOANNE BARTOSZEK,AND WILLIAM CYPHERS. THE MAYOR NOMINATED WILLIAM CYPHERS, MR. SALVAGGIO NOMINATED MR. NICHOLAS, MRS. THURM NOMINATED MRS. BARTOSZEK, AND MR. RHAME NOMINATED MR. POWELL. BY MOTION OF MRS. THURM, SECONDED BY MR. RHAME, NOMINATIONS WERE CLOSED. A ROLL CALL VOTE WAS TAKEN AS FOLLOWS: MAYOR MACLAY - MR. CYPHERS MR. RHAME, MR. SALVAGGIO AND-MRS. THURM - LEO NICHOLAS MAYOR MACLAY READ THE RESOLUTION ENTITLED: "A RESOLUTION ELECTING A SUCCESSOR COUNCILMAN TO SERVE FOR THE REMAINDER OF THE TERM OF OFFICE -OF ROGER GRAEFE, PROVIDING AN EFFECTIVE DATE." NAMING LEO C. NICHOLAS AS NEW COUNCIL MEMBER. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. THE CITY CLERK GAVE THE OATH OF OFFICE FOR MR. NICHOLAS AND HE TOOK HIS SEAT ON THE COUNCIL• MICROFILMED C ®FOLME® 4.24 -80 ITEM 2. ORDINANCE 23 -74 GARBAGE CONTAINER RATES (2ND READING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE 5 -74 PERTAINING TO GARBAGE AND TRASH COLLECTION BY PROVIDING THAT CERTAIN MULTIPLE DWELLING UNITS AND COMMERCIAL ESTABLISHMENTS SHALL USE MECHANICAL GARBAGE CONTAINER AND PAY TO THE CITY A MONTHLY RENTAL. FEE THEREFOR: BY PROVIDING A SCHEDULE OF RENTAL RATES FOR MECHANICA GARBAGE CONTAINERS; BY REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. s MAYOR MACLAY MOVED FOR ADOPTION. MR. RHAME MOVED TO AMEND BY INCORPORATING AMENDMENTS PRESENTED BY THE ATTORNEY. MAYOR MACLAY SECONDED THE MOTION. MOTION TO AMEND CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR: MAYOR MACLAY, MR. RHAME, MR..SALVAGGIO, OPPOSED, MR. NICHOLAS, MRS. THURM. MOTION CARRIED. MAYOR MACLAY MOVED TO RECONSIDER THE VOTE. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. AFTER DISCUSSION, MR. SCOTT RECOMMENDED THAT, IF THE ORDINANCE DID NOT PASS AND THE SUBJECT WAS TO BE FURTHER CONSIDERED, IT SHOULD BE TREATED AS A NEW ORDINANCE AND RE— ADVERTISED. THE NEW VOTE ON THE ORDINANCE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, OPPOSED, MAYOR MACLAY, MR. NICHOLAS, MR. SALVAGGIO, MRS. THURM. ORDINANCE FAILED TO PASS. ITEM 3. ORDINANCE 26 -74 REGARDING INSPECTIONS SOUTHERN STANDARD HOUSING AND SOUTHERN STANDARD BUILDING CODE.. (2ND READING) BY MOTION OF MR. SALVAGGIO, SECONDED BY MAYOR MACLAY, AND UNANIMOUS VOTE, THIS ITEM WAS TABLED. ITEM 4. ORDINANCE 27 -74 PURCHASING PROCEDURES (2ND READING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: _ AN ORDINANCE ADOPTING A MANUAL OF PURCHASING PROCEDURES TO BE USED BY ALL DEPARTMENTS OF THE .CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MINUTES OF 10/1/74- PAGE 2 OF 5 PAGES -0 MICROFILMED 4 -24.80 BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, THE ORDINANCE WAS ADOPTED. NEW BUSINESS ITEM 1. SETTING MEETING DATE FOR JOINT WORKSHOP COUNCIL AND PLANNING & ZONING BOARD MR. NICHOLAS MOVED THAT THE COUNCIL SET THE JOINT MEETING FOR OCTOBER 2, AT 8:30 P.M. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION 74 -54 APPOINTING RECREATION BOARD MEMBERS MAY MACLAY READ THE NAMES OF THE APPLICANTS..AND THE RECOMMENDATION OF THE RECREATION BOARD. THERE WERE SEVEN APPLICANTS AND MR. RHAME NOMINATED THE ENTIRE SLATE. COUNCIL MEMBERS WERE POLLED AND THE RESULT OF THE VOTE GAVE THE POSITIONS TO THE FOLLOWING: JOHN BUTLER NANCY HANSON SILVIO MARE DANIEL KEANE DR_ J. QUATSE MAYOR MACLAY READ THE RESOLUTION ENTITLED: "A RESOLUTION APPOINTING MEMBERS TO THE RECREATION BOARD.;-'PROVIDING AN EFFECTIVE DATE." INSERTING THE NAMES OF THE NEW APPOINTEES. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 3. ORDINANCE 30 -74 CURFEW ORDINANCE (1ST READING). MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE RELATING TO JUVENILES AND THEIR PARENTS;.ESTABLISHING A CURFEW DURING CERTAIN HOURS FOR JUVENILES UNDER THE AGE OF 18 YEARS; HOLDING PARENTS RESPONSIBLE FOR VIOLATION OF CURFEW; PROVIDING PENALTY FOR VIOLATION; PROVIDING AN EFFECTIVE DATE. FIRST READING WAS APPROVED BY MOTION OF'MRS. THURM, SECONDED BY MAYOR MACLAY,AND UNANIMOUS VOTE OF COUNCIL. ITEM 4. DISCUSSION RE: APPEAL OF REFERENDUM DEC15� MAYOR MACLAY READ A LETTER FROM MRS. HELEN FILKIN - REGARDING HER INTENTION T-O APPEAL THE JUDGE'S-DECISIONwON THE REFERENDUM. MAYOR MACLAY MOVED THAT THE CITY JOIN MRS. FILKINS IN OVERTURNING THIS COURT DECISION. MOTION FAILED FOR LACK OF A SECOND. MAYOR MACLAY MOVED THAT THE CITY DONATE MINUTES 20 .0 OF 2011/74 PAGE 3 OF 5 PAGES MICROFILMED 4 -24 -80 HELP DEFRAY COURT COSTS IN MRS. FILKINS APPEAL. MR. NICHOLAS SECONDED THE MOTION. MR. SCOTT EXPLAINED TO COUNCIL THAT THE CITY COULD POSSIBLY HAVE TO RECONSIDER AND BECOME ACTIVE IN THE APPEAL DUE TO LEGAL PROCEDURES. MR. NICHOLAS MOVED TO AMEND THE MAYOR =S MOTION THAT DONATION NOT EXCEED $200.00. MRS. THURM SECONDED THE MOTION. VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, MRS. THURM, OPPOSED, MR..RHAME, AND MR. SALVAGGIO. MOTION CARRIED. VOTE ON THE MAIN MOTION WAS AS FOLLOWS; ;,IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, MRS. THURM, OPPOSED MR. RHAME AND MR. SALVAGGIO.. MOTION CARRIED. ITEM 5 MOTION: RE: LOT CLEAN "UP MR. SALVAGGIO MOVED THAT THE CITY MANAGER AND THE BUILDING OFFICIAL INSPECT LOTS IN THE CITY AND SEND NOTICES TO OWNERS OF THOSE LOTS NEEDING CLEANING IN ORDER TO START THE LEGAL PROCEEDINGS FOR ABATEMENT OF NUISANCES SET OUT IN THE CITY CHARTER. MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY ITEM 5. APPROVAL OF TRAVEL VOUCHER OF CITY CLERK BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE, THE TRAVEL. VOUCHER TO A CITY CLERK'S MEETING IN THE AMOUNT OF $32.71 WAS APPROVED. ITEM 7. REVIEW OF CITY.CODE MR. RHAME STATED THAT DUE TO INCREASED PAPER COSTS THE COST PER PRINTING AND BINDING 100 COPIES OF THE CODE WOULD RUN $875.00 TO :.$900.00. MR. SALVAGGIO MOVED THAT THE CITY GO FORWARD WITH PUBLICATION OF THE CODE. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS DECIDED TO PUT ON THE NEXT WORKSHOP AGENDA PROCEDURE OF HANDLING AND MAINTAINING FUTURE ADDITIONS TO THE CO ITEM 8. MOTION REGARDING LIBRARY LEASE RENEWAL MR. FRANCIS STATED THAT SHUFORD MILLS WAS WILLING TO RENEW THE PRESENT LEASE AT THE SAME RATE FOR TWO MORE YEARS. MR, NICHOLAS MOVED THIS ITEM BE PLACED ON THE NEXT AGENDA AT WHICH TIME A NEW LEASE WOULD BE BEFORE COUNCIL. MR.. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 9. AUTHORIZATION TO ADVERTISE BIDS FOR DUMP TRUCK MINUTES OF 10/1/74 PAGE 4 OF 5 PAGES MICROFILMED 4.24 -80 MR. FRANCIS GAVE THE SPECIFICATIONS TO BE PUT IN THE BID ADVERTISEMENT. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, THE CITY MANAGER WAS AUTHORIZED TO ADVERTISE FOR BIDS TO BE OPENED ON OCTOBER -15, 1974. 'BY MOTION OF MR. SALVAGGIO,-SECONDED BY MRS. THURM, MEETING WAS ADJOURNED AT 9:40 P.M. APPROVED THIS 15THDAY OF OCTOBER , 1974. � 1� . MINUTES OF 10 /1 /74 PAGE 5 OF 5 PAGES a.