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Home My WebLink About03-11-1975 Regular MeetingMICROFILMED 4.24.80 REGULAR MEETING CITY COUNCIL MARCH 11, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON.MARCH 11, 1975 AT CITY HALL, 185 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT-7:32 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 FRANKLYN P. MACLAY, COUNCILMEN L. C. NICHOLAS, E. H. RHAME, G. J. SALVAGGIO, MRS. ANN THURM, CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY STANLEY WOLFMAN, CITY CLERK ANITA J. OSTROM. READ. a THE MINUTES OF MARCH 4TH MEETING WERE APPROVED AS THE TREASURER'S REPORT WAS ACCEPTED AS SUBMITTED. UNFINISHED BUSINESS ITEM 1. 'S'OPINION /AUTHORIZATION WINDJAMMER & BBL. MR. STEVE THAYER, OF BRILEY WILD, WAS IN ATTENDANCE TO OFFER ENGINEER °S OPINION'ON THIS ITEM. MR. THAYER STATED THAT THERE HAD BEEN A LETTER FROM BRILEY WILD TO THE CITY MANAGER ON JANUARY 7, 1975 CONCURRING WITH THE OPINION THAT THE PAVING AT THE BEACH STREET ENDS EAST OF = ALLEYWAYS GAS ADEQUAE IN IIE[tOF SIDEWALKS. THEY FELT THAT THERE WAS NO SAFETY HAZARD AND THAT IF THE PARKING AT THE STREET ENDS WAS TO BE RETAINED THERE WAS NO ROOM FOR SIDEWALKS. HE FURTHER STATED THAT IF THE EXISTING THI�O"OUT 7m CITY SIDEWALK REQUIREMENTS WERE STRICTLY ENFORCEDATHE CITY WOULD HAVE PATCHES OF SIDEWALKS WITH NO CONTINUITY AND THAT THE CITY MIGHT CONSIDER A PLAN OF SIDEWALKS ALL OVER THE CITY AT THE SAME TIME. MR. ALLEN STATED THAT UNDER THE PRESENT ORDINANCE, THE SIDEWALKS VEST OF 7ME ALLEYWAYS UNDER DISCUSSION WERE REQUIREDABUT HE FELT THEY WERE NOT NEEDED AND WOULD CAUSE PROBLEMS IN THE FUTURE. MR. MALCOLM R. KIRSCHENBAUM, ATTORNEY REPRESENTING MR. SCHRAMM IN THE WINDJAMMER DEVELOPMENT, STATED THAT IT HAD BEEN HIS UNDERSTANDING THAT THE REQUIREMENT FOR SIDEWALKS HAD BEEN WAIVED AND THAT DUE TO MICROFILMED 4 724 -80 THE APARTMENTS NOW HAVING INDIVIDUAL OWNERS IT WOULD BE DIFFICULT TO GO BACK AND FORCE EITHER THE DEVELOPER OR THE NEW OWNERS TO PUT IN THE WALKS. IT WAS BROUGHT OUT THAT VERY LITTLE HAD BEEN HEARD FROM THE NEW OWNERS REQUESTING THAT THESE SIDEWALKS BE CONr STRUCTED. IT WAS THE APPARENT FEELING OF SOME SAND PEBBLE APARTMENT OWNERS IN THE AUDIENCE THAT THE SIDEWALK REGULATIONS SHOULD BE ENFORCED IN THE FUTURE. IT WAS DETERMINED THAT THE CITY SHOULD HAVE NEW SIDEWALK SPECIFICATIONS THAT WOULD DEAL WITH ALL PROBLEM AREAS AS WELL AS ORDINARY SIDEWALK NEEDS. MR. NICHOLAS MOVED THAT THE.CITY ENGINEERS SUBMIT AN ESTIMATE OF COST FOR :COMPREHENSIVE SIDEWALK SPECIFICATIONS. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE, ITEM 2. DISCUSSION CONDOMINIUM SEWER BILLINGS'(POSTPONED) MR. KIRSCHENBAUM, REPRESENTING CAPE SHORES, STATED THAT THE PROBLEM IN THE SEWER BILLING SET UP IS TWO -FOLD: 1. CHARGING ON UNSOLD, UNUSED UNITSr2. BILLING AT SINGLE.FAMILY RATE PRIOR TO THE ENACTMENT OF.A SPECIFIC CONDOMINIUM RATE. THOSE INVOLVED IN THESE BILLINGS WERE ASKING THAT COUNCIL MAKE THE NEWLY - SET CONDOMINIUM RATE RETROACTIVE AND THAT THEY CONSIDER MORE RELIEF RELATIVE TO UNUSED, UNSOLD UNITS. MR. RHAME STATED THAT COUNCIL HAD DISCUSSED MAKING THE RATE RETROACTIVE WHEN IT WAS ES- TABLISHED AND HAD DECIDED NOT TO DO SO. THERE WAS SOME DISCUSSION ON ACTIVATING SEWER CHARGES WHEN A CERTIFICATE OF OCCUPANCY IS ISSUED.ON INDIVIDUAL CONDOMINIUMS AS OPPOSED TO THE FINALED SEWER PERMIT. MRS. THURM STATED THAT A POSSIBLE VACANCY FACTOR HAD BEEN TAKEN INTO CONSIDERATION WHEN COUNCIL SET THE CONDOMINIUM RATE THE SAME.AS APARTMENTS AND WAIVED PENALTIES ON THE PRIOR BILLS. MR..RHAME ASKED THAT THE CITY ATTORNEY PREPARE AN ORDINANCE.TO AMEND THE CONDOMINIUM RATE ORDINANCE PROVIDING NO RETROACTIVE CLAUSE AND IF POSSIBLE TO INCLUDE IN THE ORDINANCE PROVISION FOR BEGINNING SEWER CHARGES ON ISSUANCE OF CERTIFICATES OF OCCUPANCY RATHER THAN SEWER PERMIT. MR. THAYER STATED THAT IT WAS HIS BELIEF THAT COUNCIL HAD RECOGNIZED THE VACANCY FACTOR IN SETTING THE CONDOMINIUM RATE AND HE DID NOT RECID ADDITIONAL RELIEF. HE BROUGHT OUT THAT THIS MIGHT ENTAIL INSPECTION BY CITY PERSONNEL FOR OCCUPANCY FACTOR AND FURTHER STATED WHEN THE CONDOMINIUMS WERE SOLD AND OWNER - MINUTES OF 3/11/75 PAGE 2 OF 5 AND ATTACHMENT MICROFILMED 4.24 -80 OCCUPIED THEY WERE MORE AKIN TO SINGLE FAMILY DWELLINGS. ITEM 3. ORDINANCE 4 -75 RE: PENALTIES FOR NON - PAYMENT SEWER FEES AMENDING ORD. 10-73 AS AMENDED Own RrAnTWa MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: 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. MR. NICHOLAS MOVED FOR ADOPTION, MR. RHAME SECONDED THE MOTION. MRS. THURM MOVED TO AMEND IN LINE SIX FROM THE BOTTOM,.AFTER -THE FIGURE $75.00 TO ADD "IN ADDITION TO ANY OTHER ASSESSMENTS AND CHARGES DUE:" MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. SALVAGGIO MOVED TO FURTHER AMEND IN THE FIFTH LINE OF SECTION 2, BY DELETING THE WORDS "OF THE MONTH ", MRS. THURM SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. VOTE ON THE ORDINANCE AS AMENDED WAS UNANIMOUS. ORDINANCE ADOPTED. NEW BUSINESS ITEM 5. DISCUSSION OF ADDING ALTERNATE MEMBERS TO BOARD OF ADJUSTMENT ITEM 5 WAS TAKEN UP AT THIS TIME. MR. VINCENT MARINO, CHAIRMAN.OF THE BOARD OF ADJUSTMENTS INFORMED COUNCIL THAT HE HAD HAD DIFFICULTY IN GETTING A QUORUM FOR BOARD OF ADJUSTMENT MEETINGS AND WAS REQUESTING COUNCIL TO APPOINT ONE OR TWO ADDI- TIONAL ALTERNATE MEMBERS. THIS WOULD REQUIRE AN AMENDMENT TO THE ZONING ORDINANCE. MR. WOLFMAN WAS ASKED TO RESEARCH THE STATE STATUTES TO DETERMINE IF THERE WAS A LIMITATION ON BOARD OF ADJUSTMENT ALTERNATES. UNFINISHED.BUSINESS ITEM 4. DISCUSSION PROPOSED LAW ENFORCEMENT PROCEDURE ORDINANCE (POSTPONED) MR. WOLFMAN STATED THAT THIS HAD NOT BEEN PREPARED AND ASKED FOR POSTPONEMENT. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, THE ITEM WAS POSTPONED FOR ONE WEEK. NEW BUSINESS ITEM 1. DISCUSSION RE: PENALTY FOR NON - PAYMENT SEWER HOOK -UP FEE (COLUMBIA DRIVE TRAILER) BY MOTION OF MR. RHAME, SECONDED BY MAYOR MACLAY, AND UNANIMOUS VOTE OF THE COUNCIL, THE CITY MANAGER WAS DIRECTED MINUTES OF 3/11/75 PAGE 3 OF 5 AND ATTACHMENT MICROFILMF® 4 -24 -80 TO GIVE NOTICE TO MR. MAHONEY TO PAY THE CHARGES DUE THE CITY. BY FRIDAY OF THIS WEEK OR AT 4 :30 P. M. THAT DAY HIS SEWER WOULD BE PLUGGED. ITEM 2. DISCUSSION RE: DEPARTMENT HEAD REPORTS MR. SALVAGGIO MOVED THAT THE DEPARTMENT HEADS MAKE ACTIVITY REPORTS ON THE SECOND AND FOURTH FRIDAYS OF EACH MONTH TO THE CITY MANAGER WITH COPIES TO THE CITY COUNCIL. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.- ITEM 3. ACCEPTANCE OF LIBRARY BOARD MEMBER RESIGNATION MRS. THURM READ THE LETTER OF RESIGNATION FROM MRS. MIMI SAMULKA EFFECTIVE IMMEDIATELY AND MOVED FOR ACCEPTANCE. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. LETTER FROM BUILDING OFFICIAL RE: AD HOC INVESTIGATION MAYOR MACLAY READ THE LETTER AND THE ATTACHED BILLING FROM THE BUILDING OFFICIAL'S ATTORNEY IN THE AMOUNT OF $2,000.00. '(COPY ATTACHED TO MINUTES) MR. ALLEN WAS. REQUESTING THAT THE CITY ASSIST IN PAYMENT OF HIS ATT'ORNEY'S FEES. MR.. RHAME MOVED THAT THE REQUEST IN THE LETTER BE`-DENIED. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION FOLLOWED ON THE PROBLEM INVOLVED IN THE VOTER REGISTRATION DUE TO REQUIREMENTS FOR-PROOF OF RESIDENCY AS SET OUT BY THE SUPERVISOR OF ELECTIONS IN TITUSVILLE. MR. WOLFMAN WAS ASKED TO CALL THE ATTORNEY GENERAL FOR AN OPINION AS TO THE LEGALITY OF THE SUPERVISOR'S REQUIREMENTS. MAYOR MACLAY MOVED TO ADD AN ITEM TO THE AGENDA VO CONSIDER A REQUEST BY THE BUILDING OFFICIAL TO GRANT A TEMPORARY OCCUPANCY FOR ONE APARTMENT IN THE CEDARS CONDOMINIUM FOR SECURITY PURPOSES. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. ALLEN STATED THAT BARNETT BANK HAD FORECLOSED ON THE CEDARS CONDOMINIUM AND DUE TO EXTREME VANDALISM AND DESTRUCTION OF THEIR PROPERTY HAD REQUESTED THAT THEY BE ALLOWED TO PLACE A RESIDENT GUARD ON THE PREMISES. MR. NICHOLAS MOVED TO APPROVE THE REQUEST THAT A GUARD BE PERMITTED TO RESIDE IN CEDARS CONDOMINIUM FOR THE SOLE PURPOSE OF PROTECTING THE PROPERTY SUBJECT TO ALL APPLICABLE CITY FEES AND OCCUPANCY TO TERMINATE AT THE DISCRETION OF THE BUILDING OFFICIAL. MAYOR MACLAY SECONDED MINUTES OF 3 /11/75 PAGE 4 OF 5. AND ATTACHMENT MICROFILMED 4.24 -80 THE MOTION. MOTION CARRIED UNANIMOUSLY. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, THE MEETING WAS ADJOURNED AT 11:00 P. M. APPROVED THIS_ 18TH DAY OF MARCH, 1975. MAYOR MTY CLERK MINUTES OF 3/11/75 PAGE 5 OF 5 PAGES AND ATTACHMENT s f A MICROFILMED 4.24 -80 it 76 I 3 AaWA 1975 Ae.. City o� Cape Camvea4 Roai da A# xnUon: Cay Council 9 c t I , Ae pest youa conai d eZab:on to aa&i&t me in the. payment o tithe a#.tarAed 4#atement jAom William, J. Ac.4nctAnan.* 4V-oAne4 ReAelmteinp, the, &pW, . Zei&A o� 9 December 1974 to A4. Jmwci& ckAg i V me, a& Me. B i b O�A& -- 4 wW dtl�n o� duty and othea 044""$ 11 oa Aac4 would not accept fig.. iruncu' adm,inUtmative Awiew and decry ion. At Mat time May" ltkzc,6mo called the Ad #oc 9nv"#ipat ian. Being, unable to utilise the .Ceyra.L #alent o owi City Atto ine j% i became nerce"aAy j&& me io engage o„f ;do a"Uiance. A& these we a no proven chaVe i peata� to my du#,i era. a& Building 04Pc i 4 it u V &,el ng. #hat the Cb�g 4Aould AAane. AA the expeme. o� Vtj- . legal a..id, " if- wa& .cw&AAed becau&e o4 the umwAAanted action of the Aapt. .'. y'd t'HAi� F10:?IDA Sinceae,bh tiv.in X Allen MICR®FILIVIE® 4 -24 -80 i s WILLIAM T. McINARNAY ATTORNEY AND COUNSELLOR AT LAW P. O. Box 322 Cocoa Beach, Florida, 32931 (305) 783 -4998 February 10, 1975 Ur'. Elvin H. Allen 111 Justamre Road Cape Canaveral, FL 32920 For Professional Services: On matters in defense of charges brought by Mayor Frank MacClay: Including review of all zoning regulations, the city charter,.pertinent Florida Statutes, pertinent - portions of the Southern Standard Housing Code, phone conferences with Public Employees Relations Commission and office of the Attorney General, preparation for trial of the Mayor's charges before an ad hoc committee of the City Council, trial of those charges at three evening sessions, and preparation of Brief in support of the position 10 hours of Hearings @ $100.00 $19000.00 20 hours of conferences, research; drafting and preparation @ $50.00 $19000.00 Total $20000.00