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Home My WebLink About01-28-1975 Regular MeetingREGULAR MEETING CITY COUNCIL JANUARY 28, 1975 MICROFILMED 4.24 -80 L A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JANUARY 28, 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. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR MACLAY, COUNCILMEN L. C.- NICHOLAS, E. H. RHAME, MRS-.ANN THURM, CITY MANAGER A: J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA J. OSTROM# SGT. AT ARMS CHIEF WINNETT. THE MINUTES OF JANUARY 21, 1975 MEETING WERE CORRECTED IN THE F. LU%m. G MANNER: UNDER UNFINISHED BUSINESS ITEM . EMERGENCY EROSION COSTS ON LINE 3 BY ADDING THE WORDS "FROM THE STATE" AFTER THE WORD "AVAILABLE ". BY MOTION OF MR. RHAME, SECONDED BY MR. NICHOLAS= AND UNANIMOUS VOTE, THE MINUTES WERE APPROVED AS CORRECTED. MEETING WITH THE CITY BOARDS AND OFFICIALS RE: FINANCIAL DISCLOSURE LAW BOARD MEMBERS PRESENT WERE: MR. VAN WAGNER, MR. MARTIN, MR. ELVIN H. ALLEN, MR. BALOUGH, MR. MOELLER, MR. PETERSON,. MR. WOLEVER, MR. LITTLER, MR. EICHHORST, MR. ANDERSONB AND POLICE CHIEF WILLARD WINNETT. FORMS AND INSTRUCTIONS WERE SENT.TO BOARD MEMBERS NOT IN ATTENDANCE. MR. SCOTT STATED THE PURPOSE OF THE MEETING AND READ FROM THE LAW THE FINANCIAL DISCLOSURE REQUIREMENTS OF OFFICERS OF GOVERNMENT ENTITIES. HE STATED THAT QUESTIONS REGARDING ZHE,SE RDQUIREMENTS COULD BE DIRECTED TO THE COMMISSION ON ETHICS, STATE OF FLORIDA, TALLAHASSEE. MR. SCOTT WENT THROUGH FORMS 1 THRU 4 EXPLAINING WHEN THEY WERE APPLICABLE MICROFILM 4 -24 -80 TO INDIVIDUALS. HE FURTHER STATED THAT ANY COUNCIL OR BOARD MEMBER WHO HAD ABSTAINED FROM VOTING ON ANY MATTER DUE TO CONFLICT OF INTEREST SINCE JULY 1, 1974, SHOULD'FILE FORM 4 WITHOUT DELAY. UNFINISHED BUSINESS ITEM I. REPORT ON COLUMBIA DRIVE ODOR PROBLEM MR. SCOTT STATED THAT HE HAD TAKEN COMPLAINTS TO MR. WOODARD OF THE HEALTH DEPARTMENT FOR REVIEW, HE READ A LETTER FROM MR. WOODARD TO MR. VALIANTE RESCINDING THEIR PERMIT AND STATING THAT A PERMIT FROM'THE DEPARTMENT OF POLLUTION CONTROL WAS NECESSARY UNDER A NEW LAW. HE FURTHER STATED THAT THE DEPARTMENT OF POLLUTION CONTROL HAD VISITED THE SITE AND GAVE THE COMPANY UNTIL MIDNIGHT, WEDNESDAY; JANUARY 29, 1975''TO COMPLETE THEIR FILL. THE DEPARTMENT OF POLLUTION CONTROL FEELS THAT THIS PROBLEM IS NOT UNDER THEIR JURISDICTION AS NO BOUNDRIES ARE BEING CHANGED AND THAT IT IS NOT THE TYPE OF FILL COVERED BY THE STATE LAW. IT WAS BROUGHT OUT BY MR. ALLEN THAT THERE WAS A DAMAGED "SEWER LINE ON THE PROPERTY WHICH WAS TO BE REPAIRED AT THE CONTRACTOR COST AND THE DEPARTMENT OF POLLUTION CONTROL SAW NO REASON TO STOP OPERATION UNTIL THIS HAD BEEN DONE AND INVESTIGATIONS COMPLETED. THIS WOULD TAKE'APPROXIMATELY TWO WEEKS. MR. SCOTT - FURTHER STATED THAT HE HAD WRITTEN TO THE DEPARTMENT OF POLLU- TION CONTROL STATING THE CITY'S INTEREST AND ASKING FOR A HEARING MR. NICHOLAS ASKED IF THE CITY COULD ACT UNDER THE ZONING ORDINANCE REQUIREMENTS ON ODORS, WHICH REFERS TO ODORS PERCE TIBLE AT THE PROPERTY LINE. MR. ALLEN WASi ASKED IF HE WOULD SIGN AN AFFIDAVIT AND A STOP WORK ORDER UNDER PROVISIONS OF THE ZONING ORDINANCE. AFTER A FIVE-MINUTE RECESS, MR. SCOTT REPORTED TO COUNCIL THAT MR. ALLEN HAD AGREED TO SIGN AN AFFIDAVIT AND THAT A WARRANT WOULD BE ISSUED AND, IF POSSIBLE LEGALLY, A STOP -WORD ORDER. ITEM 2. REPORT RE: BIKE PATH' (CITY MANAGER) MR. FRANCIS REPORTED THAT HE HAD MET WITH COUNTY COMMISSIONER HURDLE AND WAS TOLD THAT A FOUR -INCH CURBING MINUTES OF 1/28/75 ,- MICROFILMED 4- 24 -80' ALONG THE BIKE PATH WOULD COST APPROXIMATELY $2,500.00 (.'50 A FOOT) BUT THAT IT WAS DOUBTFUL IF THE COUNTY WOULD GIVE PERMISSION FOR INSTALLATION OF CURBINGS DUE.TO THE WIDTH OF THE ROAD. THE RECOMMENDATION IS FOR STRIPING, REFLECTORS, AND SIGNS iREGULATING THE USE OF THE BIKE PATHS. THE CITY MANAGER WILL BE WORKING WITH THE COUNTY TO ALLEVIATE, AS MUCH AS POSSIBLE, ANY HAZARDOUS ASPECTS OF THE BIKE PATHS. ITEM 3. PBA CONTRACT WAS HELD UNTIL LATER IN THE MEETING. NEW BUSINESS ITEM 1. DISCUSSION RE: GARBAGE CONTAINERS MR. SCOTT STATED THAT THE ATTORNEY FOR RUBBISHMAN HAD INDICATED THAT THEY WERE UNWILLING TO NEGOTIATE. ALTERNATIVES WOULD BE FOR THE CITY TO FILE A MOTION FOR DECLARATORY JUDGMENT OR REFUSE TO PAY THE BILL.AS SUBMITTED`AND LET RUBBISHMAN SUE THE CITY. HE STATED THAT A DECLARATORY JUDGMENT WOULD INVOLVE A SHORTER TIME ELEMENT. THE CITY MANAGER STATED THAT THE PROBLEM WAS PERHAPS NOT'AS GREAT AS HE HAD BEEN ANTICIPATING. BILLING FOR THE MONTH OF JANUARY HAD BEEN COLLECTED EXCEPT FOR APPROXIMATELY $53040. -MAYOR MACLAY--MOVED THAT THE CITY PAY FOR THE CONTAINERS THAT ARE IN PLACE LESS THE PRICE OF THOSE WHICH RUBBISHMAN HAD BEEN INSTRUCTED TO REMOVE EFFECTIVE JANUARY 1, 1975.. MR. RHAME SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS-VOTE. ITEM 2. LETTERS FROM.AEROSPACE RE: SEWER AND DUMPSTER BILLINGS MAYOR MACLAY READ LETTERS FROM MR. RICARDO DURAN, MANAGER OF THE AEROSPACE COMPLEX® OBJECTING TO GARBAGE CONTAINER CHARGES AND SEWER PENALTY TIME ELEMENT. MR. FRANCIS WAS ASKED BY COUNCIL TO WRITE A LETTER TO MR. DURAN EXPLAINING THE REASON FOR THE - GARBAGE CONTAINER CHARGE AND ALSO TO INFORM MR. DURAN THAT THE CITY WILL BE INVESTIGATING THE POSSIBILITY OF AMENDING THE SEWER BOND RESOLUTION TO ALLOW MORE TIME FOR PAYMENT OF BILLS BEFORE PENALTIES WERE LEVIED. ITEM 3. RENEWAL AND REPLACEMENT REQUISITIONS THE BUILDING OFFICIAL REPORTED THAT THE CITY HAD TO OBTAIN AN EASEMENT FROM SHUFORD MILLS AND REVEREND MCINTIRE. THE PAPER WORK FOR THIS EASEMENT HAD BEEN MAILED TO NORTH CAROLINA MINUTES-OF 1/28/75 pAnp Z nv c MICROFILMED 4,24.80 AND THE TWO PARTIES HAD GIVEN A VERBAL AGREEMENT TO GRANT THE EASEMENT. HE FURTHER STATED THAT THE SEWER LINE EXTENSION, WHICH THESE REQUISITIONS WILL COVER, WILL SERVICE THREE PIECES OF PROPERTY. IT WAS BROUGHT OUT BY COUNCIL THAT THE SEWER HOOK-UP FEE WOULD BE DUE ON ANY OF THE NEW CONNECTIONS. .DURING THE DISCUSSION PERIOD, MRS. JANE.SCOGNA ASKED WHY THE TRAILER LOCATED ON COLUMBIA DRIVE HAD NOT PAID A SEWER HOOK -UP FEE. MR. ALLEN STATED THAT THERE WAS NO PROVISION FOR A CONNECTION FEE OR HOOK -UP FEE ON A TEMPORARY PERMIT. MR. SCOTT STATED THERE WAS ALSO NO PROVISION THAT THEY NOT PAY IT. THE CITY TREASURER WAS INSTRUCTED TO SEND A BILL IN THE AMOUNT OF $300.00 TO MR. MAHONEY FOR THIS FEE. MR. FRANCIS ANNOUNCED THAT HE HAD RECEIVED A LETTER OF RESIGNATION FROM THE CHIEF OF POLICE WILLARD E. WINNETT, EFFECTIVE FEBRUARY 21, 19751 AND ACCEPTED THE RESIGNATION WITH EXTREME REGRET. AT THIS TIME, THE MEETING WAS RECESSED FROM 10:05 P.M. UNTIL AFTER THE:'AD HOC COMMITTEE MEETING. MEETING RECONVENED AT 10:38.P.M. UNFINISHED BUSINESS ITEM 3. PBA CONTRACT COUNCIL MEMBER MRS. ANN THURM LEFT THE MEETING AT THIS TIMEF DUE.-TO HER RECENT ILLNESS. ARTICLE-16 PARAGRAPH "D" AFTER DISCUSSION ON THIS SECTION IT WAS DETERMINED THAT THE PARAGRAPH NEEDED TO BE REWORKED WITH THE PBA ATTORNEY, MR. MOSS. PARAGRAPH "F" BY MOTION OF MR. NICHOLAS, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, THE WORD "OF" WAS CHANGED TO "FOR" IN THE LAST LINE. PARAGRAPH "G" BY MOTION OF MR. RHAME, SECONDED BY MAYOR MACLAY, AND UNANIMOUS VOTE, THE WORDS "BENEFITS AND" IN IN LINE 5 WERE DELETED. PARAGRAPH "H" BY MOTION OF MR. RHAME, SECONDED BY MR. NICHOLAS, AND UNANIMOUS VOTE, THE LAST SENTENCE WAS CHANGED TO READ "FOR A MINIMUM OF TWO HOURS AT ONE AND ONE -HALF TIMES HIS REGULAR PAY." MINUTES OF 1/28/75 PAGE 4 OF 5 MICROFILMED 4 -24 -80 ARTICLE 23 AFTER DISCUSSION,THIS ITEM WAS HELD OVER FOR FURTHER REVIEW. ARTICLE 24 MR. NICHOLAS MOVED THAT BENEFITS IN THIS ARTICLE BE DEFINED. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED THAT THE LAST LINE "ORDINANCES OF THE CITY OR PERSONNEL -RULES AND REGULATIONS OF THE CITY" BE DELETED. MR. NICHOLAS SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. BY MOTION OR MR. RHAME, SECONDED BY MR. NICHOLAS, AND UNANIMOUS VOTE, A SPECIAL MEETING WAS SET FOR THURSDAY, JANUARY 30, AT 7:30 P. M. TO WORK ON THE BALANCE OF THE PBA CONTRACT. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, THE MEETING WAS ADJOURNED AT 11:58.P.M. APPROVED THIS 4TH DAY OF FEBRUARY , 1975. OR PRO TEM MINUTES OF 1/28/75 PAGE.5 OF 5