HomeMy WebLinkAbout02-11-1975 Regular Meetingmi
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REGULAR MEETING
CITY COUNCIL
FEBRUARY 11, 1975
MICROFILMED 4.24480
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL WAS HELD ON FEBRUARY"11, 1975 . AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:35 P. M.
THE MEETING WAS CALLED TO ORDER BY MAYOR PRO TEM
ANN THURM.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR PRO TEM MRS. ANN THURM, COUNCILMEN
L. C. NICHOLAS, G. J. SALVAGGIO, CITY MANAGER ALBERT FRANCIS,CITY
ATTORNEY STANLEY WOLFMAN, CITY CLERK ANITA J. OSTROM, SGT.
AT ARMS. VIRGIL PITCH.
THE MINUTES OF THE SPECIAL MEETING OF JANUARY 30 WERE
APPROVED BY MOTION OF MR. NICHOLAS, SECONDED BY MR. SALVAGGIO,
AND UNANIMOUS VOTE. THE MINUTES OF THE REGULAR MEETING OF
FEBRUARY 4 WERE APPROVED AS READ.
UNFINISHED BUSINESS
ITEM 1. REQUEST FOR BEACH CONCESSION
MR. MOORE, THE APPLICANT, STATED THAT HE WAS INTENDING
TO BE IN ONE LOCATION TO RENT RAFTS ONLY. IT WAS POINTED OUT
BY MRS. THURM THAT NO VEHICLES WERE ALLOWED ON THE BEACH AND
' IT WOULD BE NECESSARY FOR ANY TYPE OF VEHICLE TRANSPORTING THE
RAFTS TO BE PARKED ON THE STREET ENDS, PREFERABLY ADJACENT TO
.VACANT PROPERTIES. THE QUESTION AROSE AS TO ANY POSSIBLE LIABILITY
r;.TO THE CCITY REGARDING SUCH A BUSINESS. MR. NICHOLAS MOVED
1THAT THIS ITEM BE PLACED ON THE NEXT AGENDA PENDING AN INVES-
TIGATION BY THE CITY ATTORNEY AS TO CITY INSURANCE COVERAGE.
MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. PROGRESS REPORT ON LOT CLEARING
MR. FRANCIS STATED THAT THE BUILDING OFFICIAL WAS NOT
IN ATTENDANCE TO GIVE THIS REPORT AND APOLOGIZED FOR THE ABSENCE.
ITEM HELD UNTIL THE NEXT MEETING.
ITEM 3. REPORT BY ATTORNEY REGARDING REPLACEMENT OF
CHIEF OF POLICE
MR. WOLFMAN STATED THAT HIS OFFICE HAD REVIEWED THE
CHARTER AND CITY ORDINANCES AND IT WAS THEIR OPINION THAT THE
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CITY WAS IN VIOLATION OF THE CHARTER AT THIS POINT BY HAVING
NO WRITTEN PROCEDURE FOR ACQUIRING A CHIEF OF POLICE. HE
STATED THAT AT THIS POINT UNDER THE CITY LAWS THE CITY MANAGER
SUPERVISES AND ADMINISTERS THE POLICE DEPARTMENT. IT WAS
Je •r r
HIS FURTHER OPINION THAT COUNCIL COULD -PASS AN AMENDMENT TO THE
STRUCTURE ORDINANCE 33 -73 TO SPECIFY THAT EITHER THE COUNCIL
BE AUTHORIZED TO APPOINT A CHIEF OF POLICE OR THE CITY MANAGER BE
AUTHORIZED.TO HIRE A CHIEF. MR. WOLFMAN WAS ASKED TO DRAW UP
SUCH AN AMENDMENT USING THE TWO ALTERNATIVE METHODS FOR COUNCILS
CONSIDERATION. THIS ITEM TO BE ON THE NEXT AGMMO
MR. NICHOLAS MOVED TO ADD AN ITEM —PBA CONTRACT DISCUSSION—
TO THE AGENDA. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANI�
MOUSLY.�'
ITEM 4. PBA CONTRACT DISCUSSION
MR. MOSS, ATTORNEY FOR THE BARGAINING UNIT,. STATED
THAT THERE WERE SOME POINTS THAT "'1'HF,'Y HAD NOT: AGREED UPON AND
THAT IF NO AGREEMENT WERE REACHED AT THIS MEETING FOR A FINALIZED
CONTRACT,-!HE WOULD, THE NEXT DAY, GO TO P.E.R.C. ASKING FOR A
MEDIATOR WHICH WOULD COST $100.00 TO $300.00 PER DAY AND IF THIS
WERE NECESSARY THEY WOULD ASK FOR ALL POINTS PREVIOUSLY DELETED.
ARTICLE 24 MR. MOSS INSISTED THAT THIS CLAUSE BE LEFT
IN THE CONTRACT. COUNCIL ASKED THAT IN THE FOURTH LINE THE WORD
"GRANTED "BE DELETED AND SUBSTITUTE "AUTHORIZED, BY CITY MANAGER OR
CITY COUNCIL ". MR. MOSS AGREED TO THIS CHANGE.
ARTICLE 17 SCHOOLS AND TRAINING
THIS ARTICLE HAD BEEN PREVIOUSLY DELETED BY COUNCIL
EXCEPT FOR PARAGRAPH "D" WHICH WAS TRANSFERRED TO ARTICLE 15.
AFTER MUCH DISCUSSION, THIS ARTICLE WAS REINSTATED. PARAGRAPHS
"Ant nBnv nCn, AND "E" AS AMENDED.
MR. MOSS AND THE COUNCIL THEN REVIEWED ALL °CHANGES
THAT HAD BEEN AGREED UPON IN THE ENTIRE CONTRACT. THE CONTRACT
AS AMENDED WAS APPROVED BY MOTION OF MR. SALVAGGIO, SECONDED BY
MRS. THURM, AND UNANIMOUS VOTE.
A-10—MINUTE RECESS WAS CALLED AT 9 :35 P.M. MEETING
RECONVENED AT 9:45 P. M.
MINUTES OF 2/11/75
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NEW BUSINESS
ITEM 1. ORDINANCE 1 -75 RE: ELECTION CODE
REPEALING ORDINANCE 20 -72 UST READING)
MAYOR PRO TEM THURM READ THE TITLE OF THE ORDINANCE
AS FOLLOWS: ...
AN ORDINANCE ADOPTING THE FLORIDA ELECTION CODE
AS THE PROCEDURE FOR CONDUCTING MUNICIPAL
ELECTIONS IN THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING PENALTIES FOR VIOLATIONS OF SAID ELECTION
CODE; SPECIFYING A POLLING PLACE; REPEALING
ORDINANCE NO. 20 -72 PROVIDING AN EFFECTIVE DATE.
FIRST READING WAS APPROVED BY MOTION OF MR. NICHOLAS,
SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE.
ITEM 2. RESOLUTION 75 -4 AMENDING SEWER PENALTY
REQUIREMENTS
MRS. THURM READ THE RESOLUTION ENTITLED:
A RESOLUTION AMENDING RESOLUTION NQ. 65 -7 AS AMENDED,
BY CHANGING THE PROVISIONS FOR A LATE CHARGE ON SEWER
RATESFEES AND OTHER CHARGES BY PROVIDING THAT SAID
LATE CHARGE SHALL ACCRUE ON THE THIRTIETH DAY OF THE
MONTH; PROVIDING AN EFFECTIVE DATE.
BY MOTION OF MR. NICHOLAS, SECONDED BY MRS. THURM,
`AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED.
MR, WOLFMAN WAS ASKED TO PREPARE AN AMENDMENT TO
ORDINANCE 10 -73 TO PROVIDE FOR PENALTIES FOR NON PAYMENT OF
CONNECTION FEES.
ITEM 3. STATUS OF DEPARTMENT HEAD REPORTS ON AUDITORf'S
RECOMMENDATIONS
THE CITY CLERK REPORTED THAT ALL RECOMMENDATIONS OF
THE AUDITOR HAD BEEN COMPLIED WITH EXCEPT THE ITEM PERTAINING
TO MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND AND THAT THIS
WAS IN THE PROCESS OF FINALIZATION. MR. NICHOLAS ASKED THE CITY
CLERK TO PUT IN WRITING PROCEDURES THAT HAD BEEN FOLLOWED TO IMPLE-
MENT THESE CHANGES.
ITEM 4. P.E.P. EMPLOYEE INVENTORY AND DUTIES
COUNCIL HAD BEEN FURNISHED WITH.A LIST OF THE P.E.P.
EMPLOYEES AND THEIR WORK LOCATIONS. MR. FRANCIS REVIEWED THE LIST
WITH COUNCIL EXPLAINING THE DUTIES OF THESE EMPLOYEES. NO ACTION
ON THIS ITEM.
ITEM 5. DEFINITION OF EXTENT OF CLERICAL ASSISTANCE
AVAILABLE TO CITY COUNCIL
MR. NICHOLAS BROUGHT OUT THAT IN PAST MINUTES THIS
QUESTION HAD NOT BEEN ANSWERED IN ANY FORMAL MANNER. IT WAS FELT
THAT SOMETHING SHOULD BE IN WRITING TO CLARIFY WHAT WAS EXPECTED
MINUTES OF 2/11/75
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-MICROFILMED 4 -24 - 0
OF CITY HALL PERSONNEL. THE CITY ATTORNEY WILL HAVE A STATEMENT'
FOR THE NEXT AGENDA..
ITEM 6. REPORT OF STATUS OF POLICE DEPARTMENT
BUILDING
MR. FRANCIS REPORTED THAT CITY PERSONNEL WERE WORKING
INSIDE THE BUILDING BUT THAT THE CONTRACTOR HAD NOT RECEIVED
FINAL PAYMENT NOR THE BUILDING ACCEPTED BY THE CITY. IT WAS
AGREED THAT THE BUILDING OFFICIAL AND THE BUILDING COMMITTEE
SHOULD MEET TO.CONSIDER FINAL INSPECTION AND ACCEPTANCE.
THIS ITEM TO BE PUT ON THE AGENDA FOR FEBRUARY 25.
ITEM 7. DISCUSSION REGARDING FIRE LANE BEHIND HARBOR
HEIGHTS
MR. FRANCIS STATED THAT THERE WAS A NEED FOR A FIRE
LANE TO BE CLEARED ON THE NORTH SIDE OF HARBOR HEIGHTS. HE
STATED THAT THIS WOULD BE DONE. HE ALSO BROUGHT OUT THE NEED
FOR SUCH A FIRE LANE AROUND THE CANAVERAL CORPORATION TANK AREA.
DUE TO TREES INVOLVED AND THE TREE ORDINANCE RESTRICTIONS,.THE
CITY ATTORNEY WAS ASKED TO REVIEW THE TREE ORDINANCE TO DETERMINE
IF THIS COULD BE ALLOWED.
-ITEM 8. PLANNING AND ZONING BOARD MINUTES
THERE WERE NO MINUTES AVAILABLE BUT MR. VAN WAGNER
REPORTED THAT THE ZONING BOARD WAS IN THE PROCESS OF FINALIZING:
THE NEW ZONING ORDINANCE TO BRING TO COUNCIL AND REVIEWED THEIR
AGENDA FOR WEDNESDAY, FEBRUARY 12.
BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM,
THE MEETING WAS ADJOURNED AT 11:20 P.M.
APPROVED THIS 18 DAY OF FEBRUARY, 1975.
- 14f� /1/,
MAYOR PRO TEM .
C--14TY CLERK
MINUTES OF 2/11/75
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