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HomeMy WebLinkAbout01-07-1975 Regular MeetingREGULAR MEETING 00; CITY COUNCIL JANUARY 7, 1975 MICROFILMED 4 -24 -80 A REGULAR MEETING OF THE CITY COUNCIL-OF-THE CITY OF— CAPE.CANAVERAL WAS HELD ON JANUARY 7, 1975 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. ROLL WAS CALLED BY THE CITY .CLERK. OFFICIALS PRESENT WERE: MAYOR FRANKLYN P. MACLAY, COUNCILMEN L.C. NICHOLAS, E.H. RHAME, G.J. SALVAGGIO, MRS..ANN THURM, CITY MANAGER A.J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY.CLERK A.J. OSTROM, SGT. AT ARMS WILLARD WINNETT. THE MINUTES OF THE REGULAR MEETING.OF DECEMBER 17, 1974 WERE APPROVED AS SUBMITTED. UNFINISHED BUSINESS ITEM 1. ORDINANCE 34 -74 Rt: BOARD OF ADJUSTMENT (1st READING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: ORDINANCE NO. 34 -74 "AN ORDINANCE REPEALING ORDINANCE NO. 7 -72, WHICH ORDINANCE ADOPTED SPECIFIC PROVISIONS OF CHAPTER 176, FLORIDA . STATUTES, PERTAINING TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MR. SALVAGGIO, SECONDED BY ANN THURM AND UNANIMOUS VOTE OF THE COUNCIL, THE FIRST.READING OF ORDINANCE. 34 -74 WAS APPROVED. ITEM 2. ORDINANCE 35 -74 RE: RULES OF PROCEDURE (2ne READING) MAYOR MACLAY READ THE ORDINANCE IN FULL. MRS. THURM MOVED TO AMEND GENERAL RULE 1.04 WORKSHOP MEETING. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MR. RHAME MOVED TO FURTHER AMEND RULE 1.06 BY CHANGING THE 24 HOUR REQUIREMENT TO 48 HOURS AND IN RULE 1.14 TO REQUIRE READING OF THE MINUTES. MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS - IN FAVOR: MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED: MAYOR MACLAY. MOTION CARRIED. VOTE ON' THE ORDINANCE AS AMENDED WAS UNANIMOUS. ORDINANCE ADOPTED. 4 micROFILME® 4 24 -tsu ITEM 3. SUIT RE: WATER RATES MR. SCOTT STATED THAT THEY WOULD RECOMMEND THAT COUNCIL AUTHORIZE THEM TO INTERVENE IN THE MERRITT ISLAND HOME OWNERS SUIT AGAINST.THE CITY OF COCOA REGARDING THEIR NEW WATER RATES FOR CAPE CANAVERAL -RESIDENTS. HE STATED THAT THE COST TO THE CITY INCLUDING ATTORNEY AND AUDITORS FEES WOULD BE BETWEEN $4,000 AND $5,000. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, IT WAS THE UNANIMOUS VOTE OF THE COUNCIL FOR AUTHORIZATION TO GO FORWARD IN THE SUIT ON THE PRICES OF THE ESTIMATES PRESENTED. NEW BUSINESS ITEM 1. RESOLUTION 75 -1 RE: DUNE.REVEGETATION COMMITTEE MAYOR MACLAY READ THE RESOLUTION ENTITLED: RESOLUTION NO. 75 -1 "A RESOLUTION AUTHORIZING THE BREVARD COUNTY DUNE REVEGETATION COMMITTEE TO PLANT VEGETATION AND TO PLACE PROTECTIVE WALKWAYS ON CITY STREET ENDS FRONTING THE ATLANTIC OCEAN: PROVIDING AN EFFECTIVE DATE." BY MOTION,_OF MR. SALVAGGIO,- SECONDED BY MAYOR MACLAY AND UNANIMOUS VOTE OF THE COUNCIL, THE RESOLUTION WAS ADOPTED. ITEM 2.-MOTION RE: PENALTIES ON CONDOMINIUM SEWER BILLS . MR. SALVAGGIO MOVED THAT THE CITY WAIVE THE PENALTIES ACCRUED ON CERTAIN CONDOMINIUMS BECAUSE PRICE CATEGORY WAS NOT ESTABLISHED UNTIL RECENTLY AT A LOWER RATE AND IT WAS ONLY JUST AND EQUITABLE' TO WAIVE THESE PENALTIES. SET PENALTIES WERE IN THE AMOUNT OF: WINDJAMMER - $1,367.39 SAND PEBBLES - 536.25 CAPE SHORES - 539.58 MRS. THURM SECONDED THE MOTION. VOTE WAS UNANIMOUS IN FAVOR. ITEM 3. REPORT ON ENFORCEMENT OF SOUTHERN STANDARD BUILDING AND HOUSING CODE MR. ALLEN, BUILDING OFFICIAL, REPORTED TO COUNCIL THAT INSPECTIONS HAD BEEN MADE AT 50 COMPLEXES AND SINGLE FAMILY DWELLINGS. HE STATED THAT IN ADDITION HIS OFFICE HAD BEEN INVOLVED IN RELOCATING TRASH DUMPSTERS, LISTING AND REMOVING JUNK AUTOS, CORRECTING BLIND CORNERS, CHECKING DELINQUENT OCCUPATIONAL LICENSES AND INSPECTING NUISANCE LOTS IN PREPARATION FOR A CLEAN UP PROGRAM. HE STATED THAT OWNERS CONTACTED REGARDING THESE VARIOUS PROBLEMS HAD BEEN MOST COOPERATIVE AND IN HIS OPINION THE PROBLEM AREAS COULD BE HANDLED WITHOUT FURTHER LEGISLATION. HE FURTHER STATED THAT IT WAS HIS INTENTION TO GIVE A REPORT TO COUNCIL ONCE A MONTH. PAGE -2- ITEM 4. TRAVEL VOUCHERS MAYOR MICROFILMED 4-24.80 THE CITY ATTORNEY WAS ASKED IF IT WOULD BE LEGAL FOR THE COUNCIL TO AUTHORIZE PAYMENT WHEN THEY HAD NOT TAKEN ACTION AS A BODY FOR THE SUBJECT MATTER OF THESE TRIPS. MR. RHAME POINTED OUT THAT THE TRAVEL ORDINANCE OF THE CITY REQUIRED.APPROVAL PRIOR -TO EXPENDITURE. THERE WAS NO MOTION REGARDING THESE TRAVEL VOUCHERS AND THEY WERE NOT APPROVED. ITEM 5. MOTION RE: FAIR LABOR STANDARDS SEMINAR -- ORLANDO MR. RHAME MOVED THAT THE CITY CLERK /'TREASURER BE AUTHORIZED TO ATTEND THIS SEMINAR INCLUDING OVERNIGHT LODGING IN ORLANDO. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. ITEM 6. MOTION RE: ATTORNEY'S TRIP TO TALLAHASSEE MR. SCOTT EXPLAINED THAT THE ITEMS.TO BE COVERED AT THIS SEMINAR WERE OF VITAL INTEREST TO THE CITY AND THAT THE COST INVOLVED WOULD BE APPROXIMATELY $125 OR $150. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME AND UNANIMOUS VOTE OF THE COUNCIL, AUTHORIZATION FOR THE ATTORNEY'S TRIP TO TALLAHASSEE WAS APPROVED. ITEM 7. BUDGET REVIEW . BY MOTION OF MR. RHAME, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL THIS ITEM WAS POSTPONED UNTIL THE NEXT REGULAR MEETING WHEN MORE FIGURES WOULD BE AVAILABLE. ITEM S. POLICE SHORTAGE MAYOR MACLAY READ A LETTER FROM THE STATE'S. ATTORMYS': OFFTGE GIVIliG THE RESULTS OF THEIR INVESTIGATION WHICH STATED THAT THEY COULD FIND NO CRIMINAL ACTIONS. MR. FRANCIS STATED THAT THE BONDING COMPANY WOULD REIMBURSE THE CITY FOR THE AMOUNT OF $548 CASH SHORTAGE AND THE POLICE DEPARTMENT WAS MAKING EVERY EFFORT TO COLLECT ON THE BAD CHECKS INVOLVED. HE RECOMMENDED NO FURTHER ACTION EXCEPT PERHAPS REPRIMANDING THE CHIEF OF POLICE AND MRS. HUDEPOHL. DISCUSSION FOLLOWED AS M RESPONSIBILITY IN THIS NEGLIGENCE IN THE CARE OF CITY FUNDS. IT WAS THE COUNCILS FEELING THAT RESPONSIBILITY WAS FROM THE TOP DOWN IN THE ADMINISTRATIVE PERSONNEL. MR. RHAME MOVED THAT COUNCIL REPRIMAND THE CITY MANAGER FOR THE GROSS NEGLIGENCE RELATIVE TO MISMANAGEMENT AND MISSING FUNDS FROM THE POLICE DEPARTMENT AS REPORTED IN THE AUDIT REPORT AND DIRECT THE CITY MANAGER TO TAKE APPROPRIATE ACTION AS HE SEES FIT. MR. NICHOLAS MOVED TO AMEND PAGE. _3_ MICROFILMED 4.24 -80 "THE MOTION TO REQUIRE THE CITY MANAGER TO MAKE A WRITTEN.REPORT TO COUNCIL ON THE ACTION TAKEN. MRS. THURM SECONDED THE MOTION. AMENDMENT CARRIED UNANIMOUSLY. VOTE ON 7SE MAIN NIXI'ION MS UNANIMOUS. MOTICN 'MPI "1 MR. FRANCIS REPORTED THAT THERE WAS A PROBLEM WITH RUBBISHMAN ON HIS CURRENT BILLING REGARDING CONTAINERS BEING REMOVED.. HE STATED THAT RUBBISHMAN THREATENED TO STOP SERVICE IF THE BILL WAS NOT PAID WHICH INCLUDES A QUESTIONABLE $50. MR. RHAME MOVED TO ADD AN ITEM TO THE.AGENDA. MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR - MAYOR MACLAY, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO. OPPOSED - MRS. THURM. MR. RHAME MOVED THAT THE CURRENT BILL BE PAID ACCOMPANIED BY A LETTER OF PROTEST TO BE WRITTEN BY THE CITY ATTORNEY. MAYOR MACLAY SECONDED THE MOTION. VOTE WAS AS. FOLLOWS: IN FAVOR - MAYOR MACLAY, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO. OPPOSED - MRS. THURM. MOTION CARRIED. MAYOR MACLAY MOVED TO ADD ANOTHER ITEM TO THE AGENDA AUTHORIZING PURCHASE OF A WATER HEATER AND BELTS FOR THE SEWER DEPARTMENT. PAYMENT IN THE AMOUNT OF APPROXIMATELY $237 TO BE FROM THE RENEWAL AND REPLACEMENT FUNDS. MR. NICHOLAS SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM, MEETING ADJOURNED AT 10:35 P.M.. APPROVED THIS 14TH DAY OF JANUARY 1975. f MAYOR - -` r., f c irn- CLERK