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HomeMy WebLinkAbout11-05-1974 Regular MeetingMIOROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL NOVEMBER 5, 1974 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON NOVEMBER 5, 1974 AT THE.CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:42 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 L..NICHOLAS, E.H. RHAME, G.J. SALVAGGIO, MRS. ANN THURM, CITY MANAGER A.J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA J. OSTROM0, SGT. AT ARMS.WILLARD WINNETT. MAYOR MACLAY READ AND SIGNED THE PROCLAMATION PROCLAIMING THE WEEK OF NOVEMBER 11 THROUGH 17 AS YOUTH APPRECIATION WEEK. MINUTES OF THE REGULAR MEETING OF OCTOBER 15 AND SPECIAL MEETING OF OCTOBER 21 WERE APPROVED AS SUBMITTED. UNFINISHED'BUSINESS ITEM 1. ORDINANCE.30 -74 CURFEW LAW (2ND READING) MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: 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-_ MAYOR MACLAY MOVED FOR ADOPTION, MR. SALVAGGIO SECONDED. MR. RHAME MOVED TO AMEND BY CHANGING THE TITLE IN SECTION 5 TO READ "ARREST OR'DETENTION PROCEDURE ". MR. NICHOLAS SECONDED MOTION. MOTION TO AMEND CARRIED UNANIMOUSLY. VOTE ON THE ORDINANCE AS AMENDED WAS UNANIMOUS ORDINANCE ADAPTED. NEW BUSINESS ITEM 1. REPORT ON NICHOLAS ELECTION CASE MR.. SCOTT EXPLAINED THE DECISION OF MR. BROSS, SPECIAL PROSECUTOR, AND COUNCIL DECIDED TO TAKE NO FURTHER ACTION. ITEM 2. RESOLUUION 74 -60 RE: FIRE LADDER 'TRUCK THE MAYOR READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, DECLARING THEIR INTENT f TO PARTICIPATE WITH BREVARD COUNTY, THE CITY OF COCOA BEACH AND OTHER GOVERNMENTAL ENTITIES IN SURROUNDING AREAS IN THE ACQUISITION OR USE OF A SEVENTY -FIVE (75) FOOT AERIAL PLATFORM PIECE OF FIRE EQUIPMENT MANUFACTURED BY MACK; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 3. REPORT FROM RUBBISHMAN RE: SERVICE NO ACTION WAS TAKEN ON THIS ITEM DUE TO THE ABSENCE I OF MR. LAVIN. ITEM 4. REVIEW OF CONDOMINIUM SEWER RATES ��__ - ---� MRS THURM RECOMMENDED CONDOMINIUMS BE CHARGED ON THE SAME BASIS AS APARTMENTS WITHIN THE CITY. IT WAS DECIDED TO HAVE AN ADD -ON ITEM AFTER THE AGENDA FOR FIRST READING ON AN ORDINANCE COVERING THESE RATES. BY GENERAL AGREEMENT, ITEM 19 ON THE AGENDA WAS CONSIDERED AT THIS TIME. ITEM 19. LETTER REGARDING PUBLIC HEARING ON COASTAL SETBACK LINE MAYOR MACLAY READ A LETTER HE HAD COMPOSED ON THIS SUBJECT AND MOVED THAT THE LETTER BE FORWARDED TO THE GOVERNOR. MR. RHAME SECONDED THE MOTION. DISCUSSION FOLLOWED WITH MR.C:E. MCCASKEY AND VARIOUS MEMBERS OF THE AUDIENCE REGARDING THEIR CONCERN WITH THE SETBACK LINE. MR. MCCASKEY PRESENTED A LETTER THAT HE HAD WRITTEN CONCERNING THE SUBJECT. MR. ROBERT MURKSHE DISCUSSED RIPARIAN RIGHTS IN RELATION TO THE PROPOSED SETBACK LINE. MR. NICHOL6 MOVED TO AMEND MAYOR MACLAY`S MOTION THAT.THE CITY SEND A LETTER INCLUDING PERTINENT FACTS OF BOTH LETTERS PRESENTED TO COUNCIL. MR. SALVAGGIO SECONDED THIS MOTION. MR. RHAME MOVED TO FURTHER AMEND THAT MR. NICHOLAS PREPARE A LETTER FOR THE GOVERNOR AND HIS CABINET REQUESTING AN ADDITIONAL PUBLIC HEARING IN THE CAPE CANAVERAL AREA BEFORE FINALIZATION OF THE SETBACK LINE SETTING FORTH PERTINENT REASONS FOR THE REQUEST. THIS LETTER TO BE SIGNED BY THE MAYOR. VOTE ON THE SECOND AMENDMENT WAS UNANIMOUS. VOTE ON THE FIRST AMENDMENT WAS IN FAVOR, MAYOR MACLAY, OPPOSED MR. NICHOLAS, MR. RHAME. MR. SALVAGGIO, MRS. THURM. FIRST AMENDMENT FAILED TO CARRY. VOTE ON THE MAIN MOTION AS AMENDED WAS UNANIMOUS. MOTION CARRIED. MINUTES OF 11/5/74 PAGE 2 OF 6 MICROFILMED 4.24.80 ITEM 17. RESOLUTION. RE: COASTAL CONSTRUCTION SETBACK LINE THIS ITEM WAS NEGATED BY THE ACTION TAKEN ON ITEM 19. NO ACTION ON ITEM 17. ITEM 5. DISCUSSION REGARDING APPEAL ON REFERENDUM SUIT MR. SCOTT RECOMMENDED THAT DUE TO A CROSS CLAIM BY FIRST INTERSTATE THE CITY SHOULD ENTER INTO AND DEFEND THE HOME RULE SECTION. COST OF DEFENSE TO BE IN THE AREA OF $500.00._.MAYOR MACLAY MOVED THAT THE CITY ATTORNEY BE AUTHORIZED TO APPEAL ON THE HOME RULE PORTION OF THE REFERENDUM SUIT. MRS. THURM SECONDED THE MOTION.` AS. FOLLOWS; IN FAVOR,.. MAYOR MACLAY, MRS. THURM, OPPOSEDII,1" `. ` ,LAS , MR. RHAME, MR. SALVAGGIO. MOTION FAILED. MR. SALVAGGIO ASKED THAT THE ITEM BE AGAIN PLACED ON THE NEXT WORKSHOP. ITEM 6. AUTHORIZATION TO REPRESENT CITY IN OCEAN PLACE. SUIT MR. RHAME MOVED THAT THE CITY ATTORNEY BE AUTHORIZED TO REPRESENT THE CITY IN THIS SUIT. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. A FIVE MINUTE RECESS WAS CALLED AT THIS TIME. ITEM 7. DISCUSSION RE: DEFICIT IN BUDGET REGARDING GARBAGE CONTAINER FEES AN ORDINANCE HAD BEEN PREPARED FOR FIRST READING. MR. MR. RHAME MOVED TO ADD AN ITEM TO THE AGENDA. MRS. THURM SECONDED. MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED TO NAME THE ITEM: ORDINANCE 33 -74 PERTAINING TO GARBAGE AND TRASH COLLECTION MR. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS-: ORDINANCE 33 -74 AMENDING ORDINANCE NO. 5 -74, WHICH PERTAINS TO GARBAGE AND TRASH COLLECTION, BY PROVIDING THAT USERS OF SAID SERVICE, INCLUDING MULTIPLE DWELLING UNITS AND COMMERCIAL ESTABLISHMENTS MAY USE MECHANICAL GARBAGE CONTAINERS AND PAY TO THE CITY A MONTHLY RENTAL THEREFOR; BY PROVIDING A SCHEDULE OF RENTAL RATES FOR MECHANICAL GARBAGE CONTAINERS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. RHAME MOVED TO APPROVE FIRST READING. MAYOR MACLAY SECONDED THE MOTION. THE VOTE WAS FOUR TO.ONE IN FAVOR OF THE MOTION WITH MR. NICHOLAS OPPOSING. MOTION CARRIED.. ITEM 8. RESOLUTION 74 -61 RE CASUALTY INSURANCE PREMIUMS POLICE PENSION THE MAYOR READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING SUPPLEMENTAL POLICE MINUTES OF 11/5/74 PAGE 3 OY 6 MICROFILMED 4- 24-80 PENSION BENEFITS; PROVIDING THAT COST THEREOF SHALL BE PAID IN PART FROM REVENUE SHARING FUNDS RECEIVED BY STATE FROM 1% EXCISE TAX ON CASUALTY INSURANCE PREMIUMS PROCEEDS;.PROVIDING AN EFFECTIVE DATE. . BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 9. NAMING CHOICE FOR BREVARD LEAGUE DIRECTOR MR. SALVAGGIO MOVED THAT MRS. THURM BE NAMED THE CITY'S CHOICE TO SERVE ON THE BOARD OF DIRECTORS OF THE BREVARD LEAGUE. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, WITH MRS. THURM A,STAINING FROM VOTING. ITEM 10.. PERMISSION TO OFFER TRAFFIC LIGHT TO HOSPITAL MR. SALVAGGIO MOVED THAT THE CITY OFFER THE TRAFFIC LIGH " TO THE STATE HIGHWAY DEPARTMENT TO BE LOCATED IN FRONT OF THE CAPE CANAVERAL HOSPITAL. MRS. THURM SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. ITEM 11. ACCEPTANCE OF RESIGNATION BOARD'. OF ADJUSTMEt�' 4 MR. FRANCIS STATED THAT INDICATIONS WERE THAT MR, SCOGN / - -. STILL CLAIMS LEGAL RESIDENCE IN THE CITY AND DID NOT INTEND TO RESIGN. MAYOR MACLAY MOVED THAT THE CITY ATTORNEY WRITE A CER- TIFIED LETTER ASKING MR. SCOGNA TO APPEAR BEFORE.COUNCIL TO VERIFY HIS QUALIFICATIONS FOR REMAINING ON THE BOARD. MR, RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 12, RESOLUTION '74 -62 APPOINTMENT 'OF BOARD OF ADjVS'TMENT MEMBER BY MOTION OF MR. SALVAGGI.O, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE, THIS ITEM WAS REMOVED FROM THE AGENDA. ITEM 13. REPORT FROM COMMITTEE ON BEN- -KORI" BUILDING MR. RHAME REPORTED THAT THE PLANS FOR ACQUIRING THIS BUILDING WERE CONTINGENT UPON RELEASE FROM THE CITY'S LEASE AGREEMENT WITH SHUFORD MILLS AND THAT THEY WERE NOT INTERESTED. MR. SALVAGGIO MOVED THAT THE COMMITTEE BE DISBANDED AND ANY FURTHER PLANS FOR PURCHASE OF THE BEN -KORI BUILDING BE ABANDONED. MRS. THURM SECONDED THE MOTION. MRS. THURM MOVED TO AMEND THE MOTION TO INCLUDE A SINCERE THANK YOU TO THE COMMITTEE AND MR. BEN -KORI FOR THEIR EFFORTS. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL VOTED UNANIMOUSLY IN FAVOR OF THE MAIN MOTION AS AMENDED. MINUTES OF 11/5/74 PAGE 4 OF 6 • MICROFILMED 4 -24-80 ITEM 14. REPORT ON LOT CLEARING PROJECT MR. FRANCIS WAS AUTHORIZED TO PROCEED ON THE LOT CLEARING PROJECT AS OUTLINED IN THE CITY CHARTER. ITEM 15. APPROVAL OF CHANGE ORDER NUMBER 3 OF THE POLICE BUILDING BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE OF THE COUNCIL, THIS ITEM WAS POSTPONED. ITEM 16. RESOLUTION 74 -63 AUTHORIZING 2ND EXTENSION. PORT FIRE AGREEMENT MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CAN E , FLORIDA, AND THE CITY OF CAPE CANAVERAL VOLUNt FIRE DEPARTMENT TO ENTER INTO A RENEWAL OF THE FIRE PROTECTION AGREEMENT WITH THE CANAVERAL PORT AUTHORITY FOR A PERIOD OF ONE YEAR, COMMENCING OCTOBER 1, 197.4 THROUGH SEPTEMBER 30, 1975; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR..SALVAGGIO, SECONDED BY MAYOR MACLAY, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED., ITEM 18. ORDINANCE RE: CERTIFICATE OF OCCUPANCY REGULATIONS IT HAD BEEN DETERMINED THAT THIS ORDINANCE WAS NOT NEEDED. BY.MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE, THIS ITEM WAS WITHDRAWN FROM THE AGENDA. MRS. THURM MOVED TO ADD AN ITEM TO THE AGENDA. MR. SALVAGGIO SECONDED MOTION'. MOTION CARRIED UNANIMOUSLY. MR. THURM MOVED TO NAME THE ITEM: ORDINANCE NO. 31 -74 RE': SANITARY SEWER RATES.FOR CONDOMINIUMS MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THE MAYOR READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 6-66 AS AMENDED, RELATING TO SANITARY SEWER SERVICE AND PRESCRIBING RATES TO BE CHARGED FOR USE OF MUNICIPAL SEWER SERVICE BY ADDING A CUSTOMER CLASSIFICATION OF CONDOMINIUMS; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED TO APPROVE FIRST READING, MR. SALVAGGIO. SECONDED THE MOTION. MRS. THURM MOVED TO AMEND BY SETTING OUT THE SCHEDULE OF RATES TO BE THE SAUCE AS APARTMENT RATES AS FOLLOWS: CUSTOMER CLASSIFICATION MONTHLY CHARGE CONDOMINIUMS - CLASS I (HAVING MORE THAN ONE BEDROOM PER UNIT) FIRST UNIT $5.06 ADDITIONAL UNITS (EACH) 3.71 MINUTES OF 11/5/74 PAGE 5 OF 6 MICROFILMED 4 -24 -80 CONDOMINIUMS ° CLASS II (HAVING ONE BEDROOM OR LESS PER UNIT) FIRST UNIT $5.06 ADDITIONAL UNITS (EACH) 3.04 MR. SALVAGGIO SECONDED THE MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION AS AMENDED WAS UNANIMOUS. FIRST READING APPROVED. MAYOR MACLAY MOVED TO ADD ANOTHER ITEM TO-THE AGENDA. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MOVED TO NAME THE ITEM: SPECIAL MEETING TO CERTIFY ELECTION RESULTS MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. BY MOTION OF MAYOR MACLAY, SECONDED. BY MR. SALVAGGIO' AND UNANIMOUS VOTE OF COUNCIL, A SPECIAL MEETING WAS SET -FOR FRIDAY, NOVEMBER 8, AT 5:00 P.M TO CERTIFY THE RESULTS OF THE REFERENDUM ELECTION. BY MOTION OF MR. SALVAGGIO, SECONDED BY MAYOR MACLAY, THE MEETING WAS ADJOURNED AT 11:00 P.M.. APPROVED THIS 19TH DAY OF NOVEMBER , 1974. 0 MINUTES OF 11%5%74 PAGE 6 OF 6