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HomeMy WebLinkAbout12-03-1974 Regular MeetingMICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL y, _DECEMBER 3, 1974 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON DECEMBER 3, 1974 AT 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 L. C. NICHOLAS, G. J. .SALVAGGIO, E. H. RHAME, MRS. ANN THURM, CITY MANAGER A.J. FRANCIS,,- f ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA. J. OSTROMr SGT. AT ARMS OFFICER MILL. THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 19, 1974 WERE APPROVED AS SUBMITTED. THE CITY CLERK GAVE A REPORT TO COUNCIL ON THE TREASURY REPORT ALSO ON -THE ANTICIPATED FLOW OF FUNDS FOR THE-NEXT MONTH- TO-MONTH AND ONE -HALF. STATING THAT,DUE TO THE LATE RECEIPT OF TAXES THIS YEAR.. IT WOULD BE NECESSARY TO BORROW FUNDS AT THIS TIME. MR. RHAME MOVED TO AUTHORIZE THE CITY TREASURER. TO BORROW FROM THE CAPE CANAVERAL FIRST NATIONAL BANK A SUM. NOT TO EXCEED $50,000 IN INCREMENTS BASED ON INDIVIDUAL LOANS AS REQUIRED BY CASH NEED. MAYOR MACtAY SECONDED THE MOTION MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. JUDGE'S PENSION REQUEST MR. FRANCIS STATED THAT THEY WERE WAITING FOR A REPLY FROM THE INSURANCE COMPANY AND ASKED THAT THIS ITEM BE DELAYED. MRS. THURM MOVED TO TABLE THE ITEM AWAITING PROPER INFORMATION FROM THE INSURANCE COMPANY. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM TABLED. ITEM 2. RECREATION BOARD REPORT - APPOINTMENT OF COMMITTEE - AUTHORIZATION FOR SURVEY MRS. THURM REPORTED THAT THE RECREATION BOARD WAS WORKING DILIGENTLY ON THE NEW PROPOSED RECREATION COMPLEX AND MICROFILMED 4- 24 -80.. IT WAS THEIR FEELING THAT THE WHOLE BOARD WANTED TO BE A "PART OF THIS COMMITTEE. MRS. THURM MOVED THAT A COMMITTEE BE APPOINTED TO AID AND ASSIST THE RECREATION BOARD ON THIS PROJECT TO COMPLETIC; MR. RHAME SECONDED THE MOTION, MOTION CAFfRIED UNANIMOUSLY. MAYOR MACLAY NAMED THE FOLLOWING PEOPLE TO THE COMMITTEE FOR THE RECREATI ®N PROJECT: MR. CLIFFORD VAN WAGNER, COUNCILMAN E. H_ RHAME, COUNCIL MEMBER MRS. ANN THURM, RECREATION BOARD MEMBERS RUSSELL, MARE QUATSE, KEANE, BUTLER, JIMENEZ, MRS. HANSON, BUILDING OFFICIAL ELVIN ALLEN, AND BOB LAWS. MR. RHAME MOVED THAT THE COMMITTEE BE AUTHORIZED TO GO FORWARD IN OBTAINING A SURVEY AND PLANNING SERVICT - :T. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY ' r AT THIS TIME AT.THE REQUEST OF MR. FRANCIS, IT WAS DECID':._v TO TAKE UP THREE ITEMS ON THE AGENDA PERTAINING TO THE AUDI.TORSi Vv . WERE IN ATTENDANCE. ITEM! 6. RESOLUTION 74 -65 APPOINTMENT OF BOARD OF'TRUSTE�' POLICE PENSION PURSUANT TO FLORIDA STATUTES THIS BOARD MUST CONSIST OF THE MAYOR, THE CHIEF OF POLICE, TWO REGULARLY EMPLOYED POLICEMEN, AND ONE RESIDENT OF THE CITY OF CAPE CANAVERAL. SGT. HILL STATED THAT THE TWO RECOMMENDED POLICE OFFICERS BE SGT. NORMAN KLEIN: AND PATROLMAN JESSE CARVER. FOR THE RESIDENT MEMBER MAYOR MACLAY PLACED IN NOMINATION THE NAMES OF FRANK CARUSO AND MR. DEWEY ANDERSON. A POLL OF THE COUNCIL MEMBERS WAS TAKEN AND MR. CARUSO WAS CHOSEN UNANIMOUSLY TO SIT ON THIS BOARD. MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF TRUSTEES OF THE CAPE CANAVERAL POLICE OFFICERS RETIREMENT TRUST FUND, PROVIDING AN EFFECTIVE DATE. INSERTING THE NAME OF SGT. NORMAN KLEIN IN SECTION lr IN SECTION 2® PATROLMAN JESSE'CARVERB IN SECTION 3, MR. FRANK CARUSO. MAYOR MACLAY MOVED FOR ADOPTION OF THE RESOLUTION, MR. RHAME SECONDED, MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 3. REPORT ON INVESTIGATION MR. FRANCIS READ THE REPORT.PREPARED BY HIMSELF AND THE CITY PROSECUTOR MR. RICHARD SCOTT STATING IN SUMMARY THAT THEY FOUND NO EVIDENCE OF THEFT OF THE MISSING POLICE FUNDS BY ANY INDIVIDUAL RATHER THE LOSS WAS OCCASIONED BY THE MINUTES OF 12/3/74 PAGE 2 OF 7 MICROFILMED 4 -24 -80 NEGLIGENCE IN HANDLING OF FUNDS BY CHIEF WILLARD WINNETT AND MRS. JOANNE HUDEPOHL, ALSO, DUE PARTLY TO POOR POLICE FACILITIES AND OVER CROWDED WORKING CONDITIONS. MR. NICHOLAS MOVED THAT THE CITY ACCEPT THE•REPORT AS PRESENTED AND THE CITY PROSECUTOR BE AUTHORIZED TO CONTACT THE STATE'S ATTORNEYS OFFICE FOR A FURTHER INVESTIGATION. MRS. THURM SECONDED.THE MOTION. AFTER- MUCH DISCUSSION, VOTE ON THE MOTION_WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, MR.- SALVAGGIO, MRS. THURM, OPPOSED, MR. RHAME. UNFINISHED BUSINESS ITEM 3. SPECIAL AUDIT FEE MR. RON JONES, OF DOBSON & JONES AUDITORS FOR THE CITY,. EXPLAINED TO COUNCIL THEIR REASONS FOR THE ADDITIONAL AUDIT FEE COVERING THE TIME SPENT IN INVESTIGATING THE POLICE DEPARTMENT' FUND SHORTAGE. MRS. THURM MOVED THAT THIS ADDITIONAL FEE BE PAID. THIS MOTION FAILED FOR LACK OF A SECOND. MR. RHAME MOVED THAT THE CITY PAY THE FEE AND AT THE QUARTERLY BUDGET ADJUSTMENT TAKE THE 51{325.00-FROM THE POLICE DEPARTMENT BUDGET. MRS. THURM SECONDED THIS MOTION. AFTER MORE DISCUSSION, MAYOR MACLAY MOVED THAT THE ITEM BE POSTPONED TO THE NEXT MEETING. MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. SALVAGGIO, MRS. THURM, OPPOSED, MR. NICHOLAS, MR. RHAME. MOTION CARRIED ITEM WAS POSTPONED. ITEM 4. MOTION RE: PARTICIPATION IN BICENTENNIAL BROCHURE BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, THIS ITEM WAS POSTPONED INDEFINITELY. ITEM 5. RESOLUTION 74 -64 DESIGNATING AGENT FOR GROUP INSURANCE BIDS MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION DESIGNATING AN INSURANCE AGENT FOR THE PURPOSE OF OBTAINING BIDS FOR GROUP INSURANCE FOR EMPLOYEES OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MAYOR MACLAY MOVED FOR ADOPTION OF.THE RESOLUTION, MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM, OPPOSED, MR. NICHOLAS. MOTION CARRIED, RESOLUTION WAS ADOPTED NAMING MR. STAN BRING AS AGENT FOR INSURANCE BIDS. MINUTES OF 12/3/74 PAGE 3 OF 7 MICROFILMED 4 -24 -80 A SEVEN - MINUTE RECESS WAS.HELD AT THIS TIME. ITEM 7. 'APPOINTMENT COMMITTEE FOR NEWS LETTER MR. SALVAGGIO MOVED THAT THIS COMMITTEE CONSIST OF THE FOLLOWING PEONS, MRS. ANN THURM, MR. LEO NICHOLAS, AND MR. FRANK CARUSO. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. ORDINANCE 31 -74 CONDOMINIUM SEWER RATES 2ND READING.) MAYOR MACLAY READ THE ORDINANCE ENTITLED: 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. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, THE ORDINANCE.WAS ADOPTED. ITEM 9. ORDINANCE 33 -74 GARBAGE CONTAINER RATES 2ND READING MR. SCOTT READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 5 -74 WHICH PERTAINS TO GARBAGE AND TRASH COLLECTION, BY PROVIDING THAT USERS OF SAID SER WCE, 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 FOR ADOPTION. MRS. THURM SECONDED MOTION. MR. RHAME THEN-EXPLAINED TO THE CITIZENS THE REASONS FOR THIS ORDINANCE AND THE NECESSITY FOR CHARGING GARBAGE CONTAINER RATES. MR. RHAME MOVED TO AMEND THE ORDINANCE IN SECTION 2 PARAGRAPH "C" BY DELETING THE WORDS "CONTAINING LESS THAN 14 UNITS" AND TO FURTHER AMEND BY MAKING THE EFFECTIVE DATE OF THE ORDINANCE JANUARY 1, 1975, MR. NICHOLAS SECONDED THE AMENDMENT. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE ORDINANCE AS AMENDED WAS AS FOLLOWS: IN FAVOR, MR. RHAME., AND MRS. THURM, BEFORE ANNOUNCING THE -VOTE MAYOR MACLAY ASKED TO RECONSIDER HIS VOTE AND VOTED IN THE AFFIRMATIVE. VOTE ON THE ORDINANCE THEN WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MRS. THURM, OPPOSED MR. NICHOLAS, MR. SALVAGGIO, MOTION CARRIED,ORDINANCE ADOPTED AS AMENDED. MINUTES OF 12/4/74 PAGE 4 OF 7 MICROFILMS® 4 -24 -80 NEW BUSINESS ITEM 7. °DISCUSSION - TRAILER ON COLUMBIA DRIVE MR. ALLEN, THE BUILDING OFFICIAL, READ SOME COMMENTS TO THE COUNCIL. -_ CITI.ZENS IN THE AUDIENCE. MAYOR MACLAY READ MR. ALLEN'S ANSWERS TO QUESTIONS PRESENTED AT A PRIOR MEETING AND MR. FRANCIS READ HIS ANSWERS TO QUESTIONS APPLICABLE TO HIM. HEATED DISCUSSION FOLLOWED FROM CITIZENS. IN THE AUDIENCE WHO FELT THE TRAILER WAS ILLEGALLY PLACED ACCORDING TO ZONING REGULATIONS, THAT THE COMPANY INVOLVED WAS NOT AN AUTHORIZED COMPANY AND NOT LICENSED IN ANY WAY, COMPLAINTS ABOUT THE SMELL OF FISH IN THE AREA AND THE USE OF A PIECE OF CITY EQUIPMENT AT THIS LOCATION. MR. RHAME READ FROM THE ZONING ORDINANCE "BUILDING OFFICIAL SHALL INTERPRET AND ENFORCE OR OTHER DEPARTMENT HEAD BY CITY MANAGER APPOINTMENT." MR. FRANCIS WAS ASKED IF HE WOULD BE WILLING TO APPOINT A. DEPARTMENT HEAD FOR THIS ENFORCEMENT. HIS ANSWER WAS "YES, HE WOULD APPOINT THE CHIEF OF POLICE TO ENFORCE THE ORDINANCE." MAYOR MACLAY-MOVED THAT THE-CITY MANAGER TAKE ACTION TO INVESTIGATE THE M & W COMPANY AND TO ISSUE A STOP WORK ORDER UNTIL THINGS WERE CLARIFIED. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THE CITY PROSECUTOR MR. SCOTT ASKED MR. ALLEN TO FURNISH HIM AN OPINION ON-THIS MATTER BY THE FOLLOWING DAY. MAYOR MACLAY STATED THAT..HE WOULD CONTACT MR. WOODARD OF THE HEALTH DEPARTMENT REGARDING ODORS FROM THE.SCALLOP SHELLS. ITEM 1. ACCEPT RESIGNATION OF SUBSTITUTE JUDGE AN RESOLUT ON 74-66 APPOINTING NEW SUBSTITU JUDr3E MAYOR MACLAY READ THE RESOLUTION INSERTING THE NAME OF THURMAN JUSTICE. MR. NICHOLAS MOVED.FOR THE ADOPTION OF THE RESOLUTION.- MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 74 -67 APPOINTMENT OF REPRESE TO CITIZENS TRANSPORTATION COMMITTEE (BATS MAYOR MACLAY VOLUNTEERED TO BE THE CITY`S REPRESENTATIVE SERVING ON THIS COMMITTEE. BY MOTION OF MRS. THURM, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, MAYOR MACLAY WAS NAMED IN THE.RESOLUTION AS OUR REPRESENTATIVE. MAYOR MACLAY READ THE RESOLUTION ENTITLED: MIN. OF 12/3/74 PG. 5 OF 7 MICROFILMED 4 -24 -80 A RESOLUTION APPOINTING A MEMBER TO THE BREVARD AREA TRANSPORTATION STUDY POLICY COMMITTEE; PROVIDING AN EFFECTIVE DATE. BY MOTIONOF MR. NICHOLAS, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED.- ITEM 4. RESOLUTION 74 -68 MORATORIUM ON SHORELINE CONSTRUCTION PERMITS MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION DECLARING'A MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION OF PROPERTY FRONTING THE ATLANTIC COASTLINE WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA: PROVIDING AN EFFECTIVE DATE. MAYOR MACLAY MOVED FOR THE ADOPTION OF THE RESOLUTION, MR. NICHOLAS SECONDED THE MOTION. THE MAYOR MOVED TO AMEND THE RESOLUTION IN SECTION 1 BY ADDING AFTER THE WORD COASTLINE THE FOLLOWING "EASTWARD OF THE PROPOSED COASTAL'CONSTRUCTION SETBACK LINE" MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM, OPPOSED, MR. NICHOLAS. MOTION TO AMEND CARRIED. VOTE ON THE RESOLUTION AS AMENDED WAS UNANIMOUS. RESOLUTION AS AMENDED WAS ADOPTED. ITEM 5. POLICE CAR BIDS MR. FRANCIS READ THE BIDS OPENED DECEMBER 2, 1974. MR. NICHOLAS PRESEN'T'ED A SURVEY HE HAD MADE OF COSTS IN THE PAST YEARS FOR NEW CARS AND REPAIRS SHOWING HE FELT NO SAVINGS TO THE CITY. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE,THIS ITEM WAS TABLED. ITEM 6. DISCUSSION RE: RAPE OFFICER RON HILL REPORTED ON RAPES THAT HAD HAPPENED IN THE CITY OF CAPE CANAVERAL AND GAVE SOME VIEWS AS TO HOW THIS SITUATION COULD BE HELPED. HE STATED THAT THE POLICE DEPARTMENT HAD FILMS NAMELY A 28- MINUTE FILM THAT WOULD BE MOST HELPFUL TO ANY WOMEN IN THE AREA AS WELL AS EDUCATIONAL FOR THE MEN. MR. DICK GREGORY ASKED IF COUNCIL WOULD CONSIDER THIS FILM BEING SHOWN. AT A WORKSHOP. IT WAS DETERMINED TO PLACE THIS ITEM ON THE NEXT WORKSHOP AGENDA FOR SHOWING THE FILM WITH NARRATIONS FROM POLICE DEPARTMENT PERSONNEL. ITEM 8. RESOLUTION 74 -62 APPOINTMENT OF BOARD OF ADJUSTMENT MEMBER DUE TO THE LATE HOUR,THE MAYOR MOVED TO TABLE THE MIN. OF 12/4/74 PG 6 OF 7 MICROFILMED 4-24.80 REMAINING ITEMS ON THE AGENDA. MOTION FAILED FOR LACK OF A SECOND. MAYOR MACLAY READ LETTERS FROM THE FOLLOWING FOR THE BOARD OF ADJUSTMENT: MR.'-DICK GREGORY, RICHARD CALE, JACK HURCK, DEWEY ANDERSON AND FRANK MARTIN. MR RHAME PLACED ALL NAMES IN NOMINATION. MR. RICHARD CALE WAS IN THE AUDIENCE AND ASKED THAT HIS NAME BE WITHDRAWN. A POLL WAS TAKEN OF THE COUNCIL MEMBERS FOR THEIR CHOICE FOR BOARD MEMBER. MR. DEWEY ANDERSON WAS NAMED AS THE BOARD MEMBER BY A VOTE OF FOUR TO ONE, WITH MAYOR MACLAY VOTING FOR DICK GREGORY. MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA,-,PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR MACLAY, SECONDED BY MR: RHAME, AND UNANIMOUS VOTE,,THE RESOLUTION WAS ADOPTED NAMING MR. DEWEY ANDERSON TO.THE.BOARD OF ADJUSTMENT. ITEM 9. CHRISTMAS BONUSES ° MR. FRANCIS SUGGESTED THAT DUE TO THE SHORTAGE OF FUNDS, THE COUNCIL CONSIDER GIVING THE EMPLOYEES,THE THURSDAY AND FRIDAY AFTER CHRISTMAS OFF IN LIEU OF BONUSES. MR.,RHAME MOVED THAT THE CITY GIVE THE EMPLOYEES THE TWO DAYS OFF IN LIEU OF BONUSES. MRS. THURM SECONDED THE MOTION. AFTER SOME DISCUSSION AS TO DIFFICULTY IN PROGRAMMING FUTURE DAYS OFF FOR THE POLICE DEPARTMENT,THE VOTE ON THE MOTION WAS FIVE TO NOTHING OPPOSED. MOTION FAILED TO- CARRY. MR. RHAME MOVED THAT THE CITY GIVE 130NUSES ON THE SAME. BASIS AS LAST YEAR. THIS MOTION FAILED TO CARRY FOR LACK OF A SECOND. NO FURTHER ACTION WAS TAKEN ON THIS ITEM. MR. FRANK CARUSO READ.,A LETTER TO COUNCIL ASKING THEM TO CONSIDER APPOINTMENT OF A GRIEVANCE BOARD TO REVIEW COMPLAINTS OF CITIZENS PRIOR TO PRESENTATION TO COUNCIL'. IT WAS DECIDED THAT THIS ITEM WOULD BE PLACED ON THE NEXT WORKSHOP AGENDA.. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, THE MEETING WAS ADJOURNED AT 12:30 P.M. APPROVED THIS. 17 DAY OF f 1974. MIN. OF 12/4774 PG. 7 OF 7