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HomeMy WebLinkAbout02-18-1975 Regular MeetingMICRO - FILMED 4.24.80 REGULAR MEETING CITY COUNCIL FEBRUARY 18, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON FEBRUARY 18, 1975 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:32 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR PRO TEM. MRS. 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, E. H. RHAME, CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY STANLEY WOLFMAN, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS JAMES CANNON. THE MINUTES OF FEBRUARY 11, 1975 WERE APPROVED AS READ. THE,TREASURER °S REPORT WAS APPROVED AS SUBMITTED. UNFINISHED BUSINESS ITEM 1. BEACH CONCESSION REQUEST MR. MOORS, THE APPLICANT,".STATED THAT HE FELT THE LOCATION AT THE END OF ADAMS STREET WOULD BE THE BEST FOR HIS PURPOSE. SOME DISCUSSION FOLLOWED REGARDING A POSSIBLE FRANCHISE FOR THIS BUSINESS IN THE FUTURE. MR. SALVAGGIO MOVED TO APPROVB. THE RAFT CONCESSION ON ADAMS STREET, WITH THE PROVISION THAT THE APPLICANT CARRY LIABILITY INSURANCE IN THE AMOUNT OF: $300,000 FOR EACH OCCURRENCE OF BODILY INJURY OR DEATH RESULTING FROM ONE ACCIDENT. $100,000 FOR BODILY INJURY OR DEATH TO ANY ONE PERSON::: $ 01000 FOR PROPERTY DAMAGE RESULTING FROM ANY ONE ACCIDENT. MRS. THURM SECONDED THE MOTION. MRS. THURM MOVED TO AMEND TO ALLOW THE APPLICANT AN OPTION TO FOR A CHANGE OF LOCATION. MR. SALVAGGIO.' AMENDMENT CARRIED UNANIMOUSLY. MR. RHAME AMEND TO GRANT THE REQUEST FOR LICENSE TO 1975 WITH DUE CONSIDERATION BEING GIVEN Ti EXPIRATION OF THE LICENSE PERIOD TO ENTER MENT. MR. NICHOLAS SECONDED THE MOTION. COME BACK TO COUNCIL SECONDED THE MOTION... MOVED TO FURTHER EXPIRE SEPTEMBER 30, THE APPLICANT AT THE INTO A FRANCHISE AGREE - MOTION CARRIED UNANIMOUSLY. MICROFILMED 4- 24 -80' VOTE ON THE MAIN'MOTION AS AMENDED WAS UNANIMOUS. REQUEST GRANTED. _ ITEM 2. PROGRESS REPORT ON THE LOT CLEARING MR. ALLEN STATED THERE HAD BEEN NO CHANGE DUE TO TIME AND PERSONNEL BEING ALLOCATED TO SOUTHERN STANDARD HOUSING CODE INSPECTIONS AND WORKING ON INTERIOR OF NEW POLICE BUILDING. HE FELT IT WAS NECESSARY THAT MR. BORING BE AVAILABLE TO HELP DETERMINE COSTS FOR THE LOT CLEARING. IT WAS BROUGHT OUT BY THE CITY MANAGER, THAT AVERAGE COST FOR MOWING IN THE PAST HAD RUN $15.00 TO $25.00 PER LOT. MR. ALLEN STATED THAT MIKE LONGAZEL .a. HAD MOST OF THE INFORMATION AND IT WAS REQUESTED'THAT MR. LONGAZEL ATTEND THE NEXT COUNCIL MEETING FOR A FURTHER REPORT. ITEM 3. RESOLUTION 75 -5 AUTHORIZATION TO SIGN PBA CONTRACT AGREEMENT MRS. THURM READ THE RESOLUTION ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH SREVARD COUNTY.,POLICE BENEVOLENT ASSOCIATION,.INC.; PROVIDING AN `EFFECTIVE DATE. BY MOTION OF MR. NICHOLAS, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED PUTTING THE PBA CONTRACT INTO EFFECT* -ITEM 4. REPORT ON ACTION TO COMPLY WITH AUDITOR'S RECOMMENDATIONS AND MOTION TO WRITE OFF UNCOLLECTIBLE FINES THE CITY CLERK READ A REPORT TO COUNCIL SETTING OUT PROCEDURES THAT HAD BEEN FOLLOWED IN COMPLIANCE WITH THE AUDITOR'S REQUEST. SHE ALSO STATED THE: REASONS FOR WRITING OFF` THE BOOKS THE UNCOLLECTIBLE FINES AND PRESENTED AN ORDER FROM THE COURT Bt JUDGE PROPPER AUTHORIZING THE WRITE OFF BUT PRO- VIDING THAT THESE FINES WOULD STILL BE COLLECTIBLE IN THE FUTURE. MR. RHAME MOVED THAT THE JUDGE BE AUTHORIZED TO SIGN THE ORDER TO WRITE OFF THE UNCOLLECTIBLE FINES PER ATTACHED LIST WHICH.TOTALS $1,645.00.• MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. STATEMENT RE: CLERICAL ASSISTANCE AVAILABLE TO COUNCIL MRS. THURM READ A LETTER FROM THE ASSISTANT CITY ATTORNEY RICHARD SCOTT. MR. WOLFMAN RECOMMENDED THAT NO ACTION BE TAKEN ON THIS PENDING THE .OUTCOME OF THE MAYOR'S REQUEST FOR A DECLARA- TORY JUDGMENT. MINUTES OF 2/18/75 PG. 2 OF 4 AND ATTACHMENTS .Vol MICROFILMED 4.24.$0 NEW BUSINESS .MRS. THURM ASKED THAT ITEM 3 BE TAKEN UP AT THIS TIME. ITEM 3. BEAUTIFICATION BOARD - CHAIRMAN'S LETTER RE .REMOVAL OF THREE BOARD MEMBERS MRS. RESCIGNO READ HER LETTER TO COUNCIL REQUESTING THAT THE NAMES OF MR. AND MRS. WILLIAM THOMSON AND MRS. JANE SCOGNA BE REMOVED FROM THE BOARD DUE TO NON ATTENDANCE IN ACCORDANCE WITH.THEIR BY LAWS. MRS. RESCIGNO ALSO REPORTED MRS. MARGARET .o BOOZER BE REMOVED AT HER OWN REQUEST. MR. RHAME.MOVED THAT THE CITY ACCEPT THE NOTIFICATION THAT THE ABOVE NAMED MEMBERS ARE NO LONGER ON THE BEAUTIFICATION BOARD AND THAT FOUR VACANCIES EXIST. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 1. ORDINANCE 3 -75 AMENDING ORDINANCE 33 -73 METHOD OF ACQUIRING POLICE CHIEF St READING) MRS. THURM READ THE TWO.VERSIONS.OF A, PROPOSED.ORDINANCE -ONE DESIGNATING COUNCIL TO NAME A NEW POLICE CHIEF THE OTHER PROVIDING FOR THE CITY MANAGER TO HIRE A NEW CHIEF. FURTHER CLARIFICATION WAS NEEDED ON THIS ITEM. BY MOTION OF MR. RHAME, SECONDED BY MRS. THURM,AND UNANIMOUS VOTEe ITEM WAS POSTPONED TO THE NEXT COUNCIL MEETING. ITEM 2.- ORDINANCE 4- 75'RE: PENALTIES FOR NON PAYMENT OF SEWER CONNECTION FEES AMENDING ORD. AR Ampmnpn Cm IDIPAnrAVra MRS. THURM READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 10 -73 AS AMENDED, BY PROVIDING FOR A FIVE PER CENT LATE CHARGE FOR UNPAID ASSESSMENTS, BY PROVIDING FOR DISCONTINUANCE OF SEWER SERVICE IN THE EVENT ASSESSMENT IS UNPAID, BY ESTABLISHING A LIEN ON PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. ITEM 4. CLARIFICATION OF PROCEDURE FOR AUDIENCE PARTICIPATION AT PLANNING & ZONING MEETINGS MRS. THURM READ A LETTER OF COMPLAINT FROM RICHARD CALE EXPRESSING DISSATISFACTION WITH THE TREATMENT OF CITIZENS' PARTICIPATIO AT THE PLANNING & ZONING MEETINGS. HE STATED THAT HE HAD BEEN RECOGNIZED BY THE CHAIRMAN AND THEN-REPRIMANDED FOR SPEAKING. MRS. THURM ALSO READ A LETTER OF REPLY FROM MR. VAN WAGNER, CHAIRMAN OF THE BOARD. BOTH PARTIES WERE IN ATTENDANCE AND GAVE THEIR EXPLANATION OF WHAT ACTUALLY HAPPENED. MR. VAN WAGNER SPOKE MINUTES OF 2/18/75 PG. 3 OF 4 AND ATTACHMENTS MICROFILM 4 -24 -80 EXPLAINING THE PROCEDURE WHICH THE BOARD FOLLOWED IN CONDUCTING THEIR MEETINGS AND THAT THE CHAIRMAN HAS COMPLETE CONTROL DURING THE MEETING. HE FURTHER STATED THAT THEY HAD PROBLEMS WITH THE CITIZENS °COMMENTING ON POLICY INSTEAD OF ZONING REGULATIONS. MRS. THURM STATED THAT THE CHAIRMAN OF THE ZONING BOARD HAD SERVED IN THIS CAPACITY FOR SOME TIME AND SHE FELT HE "WAS COMPLETELY WITH- IN HIS RIGHT TO NOT RECOGNIZE THE AUDIENCE. SHE FURTHER STATED. THAT THE ZONING BOARD WAS A WORKING, ADVISORY BOARD "ONLY, MAKING NO POLICIES. MR. RHAME STATED THAT IT HAD ALWAYSyBEEN THE POLICY OF THE ZONING BOARD TO COVER THEIR AGENDA ITEMS WITHOUT PARTICIPAT AS THE GENERAL PUBLIC HAS AN OPPORTUNITY FOR DISCUSSION WHEN THE ITEMS GET TO COUNCIL OR BOARD OF ADJUSTMENT HEARINGS. MR. VAN WAGNER VA. ;ASKED IF HE COULD SET OUT THE RULES OF PROCEDURE AT THE BEGINNINt`' OF EACH MEETING FOR CLARIFICATION OF CITIZENS ATTENDING. NO FURTHER ACTION TAKEN ON THIS ITEM. ITEM 5.. PLANNING & ZONING BOARD MINUTES THERE WERE.NO MINUTES AVAILABLE AT THIS. TIME. ITEM 6, APPROVAL OF RENEWAL AND REPLACEMENT BILL - - IN . THE AMOUNT OF $644.11 BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, A BILL IN THE AMOUNT OF $644.14 FOR THE PURCHASE OF A PUMP FOR THE SEWER -PLANT WAS APPROVED FOR PAYMENT. ITEM 7. BRILEY,WILD INVOICE BY MOTION OF MR. RSAME, SECONDED BY MRS. THURMr AND UNANIMOUS VOTE, AUTHORIZATION WAS.GIVEN TO PAY $5,000.00 ON THE OUTSTANDING INVOICE FROM BRILEY,'"WILD ASSOCIATES FOR ENGINEERING AND PLANNING REPORT. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME, THE MEETING ADJOURNED AT 10:57 P. M. APPROVED THIS 25TH DAY OF FEBRUARY, 1975. MAYOR"' ii MINUTES OF 2%18/75 PAGE 4 OF 4 AND ATTACHMENTS MICROFILMED 4.24 -80. REPORT OF ACTION TO COMPLY_WITH AUDITOR'S RECOMMENDATIONS FEBRUARY 13, 1975 ITEM 1. A POLICY WAS SET OUT FOR THE PROCEDURE TO BE FODLOWED BY THE POLICE DEPARTMENT IN HANDLING OF CASH RECEIPTS. EACH DISPATCHER IS REQUIRED TO MAKE A CASH REPORT FOR HIS SHIFT AND DEPOSIT FUNDS COLLECTED PRIOR TO LEAVING DUTY. THESE CASH REPORTS, WITH A COPY OF THE DEPOSIT SLIP, ARE TURNED INTO CITY HALL ON A DAILY BASIS. THE ONLY FUND RETAINED AT THE POLICE DEPARTMENT.IS -A $25.00 CHANGE FUND WHICH HAS BEEN AUDITED BY THE CITY CLERK ON A QUARTERLY BASIS. ITEM.`2. ALL RECEIPT BOOKS AND ANY NUMBERED FORMS HAVE BEEN BROUGHT BACK..`IN`.TO"THE CLERK TRE'ASURER'S OFFICE. A LOG CHECKING THESE IN AND OUT IS KEPT BY ONE PERSON IN THE OFFICE WHO IS NOT HANDLING CASH. THESE BOOKS ARE ISSUED ONLY AS NEEDED. ITEM 3. MONTHLY RECONCILIATIONS. ARE MADE ON CASH APPEARANCE BONDS BY THE TREASURER'S OFFICE AND THE POLICE DEPARTMENT CLERK. AS OF THIS DATE, THEY ARE IN ACCORD WITH THE CONTROL LEDGER. ACCOUNT. REQUEST IS MADE AT THIS MEETING FOR AUTHORIZATION FROM COUNCIL TO WRITE OFF THE RECORDS A LIST OF UNCOLLECTIBLE COURT FINES. ITEM 4. THE.LIBRARIAN NOW REPORTS ANY.DONATED BOOKS OF MATERIAL VALUE TO THE TREASURER'S OFFICE WHERE THEY ARE RECORDED IN THE INVENTORY RECORDS.. SHE HAS ALSO BEEN REQUESTED TO NOTIFY THE RECORD'S CLERK WHEN DISPOSING OF ANY CITY OWNED BOOKS IN ORDER THAT THEY MAY BE DELETED FROM THE CONTROLS. ALSO, THE CASH TRANSACTIONS AT THE LIBRARY ARE NOW HANDLED THROUGH THE CITY ACCOUNTS WITH THE APPROVAL OF THE LIBRARY BOARD. ITEM 5. BILLINGS ON SEWER SERVICE NOT PAID WITHIN .15 DAYS FROM MAILING DATE OF THE BILL, AUTOMATICALLY NOW START ACCRUING PENALTIES. IF THE ORDINANCE UNDER CONSIDERATION BY COUNCIL PASSES SECOND READING, THE SAME PRINCIPLE WILL BE APPLIED AFTER NON PAYMENT AT 30 DAYS. v MICROFILMED 4.24 -80 ITEM 6. A NEW BANK ACCOUNT UNDER THE NAME OF MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND BOARD OF TRUSTEES, HAS BEEN OPENED AT THE FIRST NATIONAL BANK. INITIAL DEPOSIT IN THE AMOUNT OF $2,186.40, PROCEEDS FROM INSURANCE FROM THE STATE, WAS MADE. COPIES OF ALL RECEIPTS, DEPOSIT SLIPS, AND DISBURSEMENTS, AS WELL AS BANK STATEMENTS WERE RECENTLY SUPPLIED TO THE CITY TREASURER AND ALL ARE BEING SET UP IN SEPARATE ACCOUNTS ON.THE CITY BOOKS. ALL.IN COMPLIANCE WITH CHAPTER 1.85 FLORIDA STATUTES. ITEM 7. ALL FEES COLLECTED BY THE POLICE DEPARTMENT OR IDENTIFICATION OF CERTAIN 6&UPATIONAL EMPLOYEES WITHIN THE CITY, ARE BEING RECORDED ON SEPARATE RECEIPTS AND ENTERED IN THE LEDGER IDENTIFIED AS SUCH. AS OF THIS DATE $29.00 HAS BEEN COLLECTED SINCE OCTOBER 1, 1974. 2 MICROFILMED 4.24 -80 IN THE MUNICIPAL COURT OF THE CITY OF CAPE CANAVERAL, FLORIDA IN RE: UNCOLLECTIBILITY OF FINES, COSTS AND ASSESSMENTS ORDER This Court having reviewed the Fiscal 1973 -74 Audit submitted by the City Auditors of the City of Cape Canaveral, Florida, and otherwise being fully advised In the premises, it is hereby ORDERED: 1. That all uncollectible fines, Court costs and assessments which have" been determined to be uncollectible by the City Auditors in said audit report may be written off by the City Clerk as uncollectible debts, in accordance.with . standard auditing procedures. 2. That these uncollectible fines, Court costs and assessments are still collectible from the various defendants involved, and nothing contained herein shall be construed to waive collectibility of these items. ORDERED-at Cape Canaveral, Florida, this '—day of February, 1975. f i � n-- r , .! i .M C MICROFILMED 4.24 -80 ACCOUNTS RECEIVABLE - TJNCOLLECTABLE COURT FINES APPROVED FOR WRITE OFF BY CITY JUDGE AND COUNCIL 2- 18 -75. E. MORRIS 152.00 'J. MARTIN 150.00 HANNA 17.00 WINN 4.00 M. LANGFORD 125.00 J. GIOVANNUCI 239.00 F. SMITH 202.00 J. HAYES 17.50 CROSBY 4.00 R. MONTJOY 131.50 K. MAIR 123.00 BROWER, E. 102.00 CARPENTER, K. 7.00 DICKENSON, E. 84.00 FRYSTRA, R. 27.00 HAYES, G. 37.00 LESTER,, E • 9.00 TAYLOR,. B. 100.00 YOUNG, E. 114.00 1,645.00* APPROVED FOR WRITE OFF BY CITY JUDGE AND COUNCIL 2- 18 -75.