HomeMy WebLinkAbout04-01-1975 Regular MeetingMICROFILMED' 4.24.80
REGULAR MEETING
CITY COUNCIL
APRIL 11 1975
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF. CAPE CANAVERAL WAS HELD ON APRIL 1, 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.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS_' -
PRESENT WERE: MAYOR FRANKLYN P. MACLAYo COUNCILMEN L. C.
NICHOLAS, E, H. RHAMEp G. J. SALVAGGIO, MRS. ANN THURM,
CITY MANAGER ALBERT J. FRANCIS, CITY-ATTORNEY STANLEY WOLFMAN,
CITY CLERK ANITA J. OSTROM.
THE MINUTES. OF THE MARCH 25, 1975 MEETING WERE
.APPW7ED AS- READ.
f
•' .FINFYN2SHEII . BUSINESS
ITEM. J.. " ORDINANCE '6-;7'5 AMENDING 12-71 AS AMENDED
RE: SPECIAL EXCEPTIONS (ND READ NG POSTPONED)
MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS
FOLLOWS:
ORDINANCE 5-®75 AMENDING ORDINANCE 12-®71 AS AMENDED,
BY AMENDING-PRINCIPAL USES IN C -1 DISTRICT, T ®1
DTSTRICTt,AND M -1 DISTRICT BY DELETING DRINKING
ESTABLISHMENTS AS A PRINCIPAL USE AND BY PROVIDING
FOR A SPECIAL EXCEPTION FOR ESTABLISHMENTS DISPENSING
ALCOHOLIC BEVERAGES; BY DELETING DRINKING ESTABLISH-
MENTS AS AN ACCESSORY USE IN THE R -3 DISTRICT; BY
PROVIDING-THAT ESTABLISHMENTS DISPENSING ALCOHOLIC
BEVERAGES WHEN OPERATED WITHIN A SINGLE COMPLEX OF
35 OR MORE UNITS MAY APPLY FOR A SPECIAL EXCEPTION
IN THE R- 3'DISTRICT; BY DELETING SUPPLEMENTARY DISTRICT
REGULATION PROVISIONS REGARDING LOCATION-OF BUSINESS
LICENSED BY THE FLORIDA BEVERAGE DEPARTMENT CONTROL;
BY PROVIDING STANDARDS FOR SPECIAL EXCEPTION BY BOARD
OF ADJUSTMENT FOR ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES; REPEALING ALL ORDINANCES OR PARTS THEREOF
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
ACTING
MR. BALOUGH jACHAIRMAN'. -OF: PLANNING AND' . ZONING BOARD,
REPORTED TO COUNCIL THAT THE BOARD AGREED UNANIMOUSLY TO ALL
CHANGES IN_THIS ORDINANCE.
VOTE WAS CALLED ON THE MOTION TO AMEND, ALREADY
ON THE FLOOR, TO INCORPORATE CHANGES.SUGGESTED BY COUNCIL.
VOTE WAS UNANIMOUSLY IN FAVOR. MOTION CARRIED.
VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR:
MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, AND MRS. THURM, OPPOSED,
MR. NICHOLAS. MOTION CARRIED. ORDINANCE PASSED AS AMENDED.
MICROFILMED 4 -24 -80
ITEM 2. CITY BEAUTIFICATION /CAPE SHORES BEAUTIF'I_.
CATION COMMITTEE
MR..RHAME REPORTED THAT CAPE SHORES ASSOCIATION
WANTED TO BEAUTIFY THE PROPERTY UNDER DISCUSSION AT THIS TIME
AND POSSIBLY IN THE FUTURE A CITY NURSERY PROJECT COULD BE
STARTED FURTHER BACK IN THE COMPLEX. HE RECOMMENDED THAT THE
LAND BE MADE AVAILABLE TO CAPE SHORES IF THE PLAN WERE APPROVED
BY THE CITY ENGINEER, CITY ATTORNEY, BEAUTIFICATION AND P & Z BOARD. `
IT WAS ALSO BROUGHT OUT THAT THE CITY BEAUTIFICATION BOARD
WOULD LIKE.TO PLAN A PILOT NURSERY AT THE CITY SEWER PLANT
� -''✓4� IN PORTABLE TYPE CONTAINERS. MR. WOLFMAN WAS OF THE OPINION
THAT IF THE CITY WERE TO GRANT PERMISSION FOR ANYTHING ON THE
DECICATED PROPERTY OTHER THAN A ROAD AN AMENDED DEED OR AGREEMENT
WOULD BE NEEDED. MR. BALOUGH, OF THE PLANNING AND ZONING BOARD,
WAS ASKED HOW SOON THEY COULD AGENDA THE REQUEST OF CAPE SHORES
ASSOCIATION FOR BEAUTIFICATION. HE STATED THAT THE ZONING
BOARD COULD LOOK INTO IT AT THEIR NEXT MEETING ON APRIL.9.
COUNCIL ASKED THAT THIS ITEM BE AGENDED AGAIN FOR APRIL 15TH
.COUNCIL MEETING AND MR. FRANCIS WAS ASKED TO SEND THE PRESENTATION.
AND A COPY OF THE DEED OF DEDICATION TO THE CITY ENGINEERS FOR
REVIEW.
NEW BUSINESS
ITEM 1. AMENDMENT TO ZONING ORD. 12 -=7'1 (AS AMENDED)
RE: DEFINITIONS SECTION XV, "SECTION XIX,
AND SECTION XXIV : PERMI- S'S'ION TO ADVERTISE)
MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING ORDINANCE NO. 12 -71 AS
AMENDED, BY- AMENDING BOARD OF ADJUSTMENT'S
POWERS AND DUTIES PERTAINING TO HEARINGS,
APPEALS AND NOTICES, BY PROVIDING THAT REQUEST
FOR ADMINISTRATIVE REVIEW OR APPEAL OF DECISION
OF THE BUILDING OFFICIAL SHALL FIRST BE REVIEWED
BY THE PLANNING AND ZONING BOARD; BY AMENDING
THE SCHEDULE OF FEES, CHARGES AND EXPENSES BY
ADDING A FEE CATEGORY FOR FILING PROPOSED AMEND -.
MENTS TO ZONING ORDINANCES AND PROVIDING FOR CER-
TAIN CONDITIONS WHEN SAID FEES MAY BE WAIVED;. BY
PROVIDING FOR PAYMENT OF ACTUAL COSTS INCURRED BY
THE CITY ENGINEER BY AN APPLICANT, WHEN SAID REVIEW
IS REQUIRED; BY PROVIDING FOR DEFINITIONS OF THE
FOLLOWING TERMS: "AFFECTED BY ANY DECISION,"
"AGGRIEVED PERSON /S," "BOARD OF THE GOVERNING BODY,"
.''BUREAU OF THE GOVERNING BODY,-"DEPARTMENT," "OFFICER
OF THE GOVERNING BODY," "OFFICIAL;" REPEALING ALL
ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
14i; : Mce i :�1( U7� i
OF MR. SALVAGGIO, SECONDED BY M. THURA+IrAND LMIMDUS VOTE, AUTHORIZATICN
WAS GIVEN TO ADVERTISE.
MINUTES OF 4/1/75
PAGE 2 OF 5 PAGES
MICROFILMED 4 -24 -80
ITEM 2. DISCUSSION RE: AMENDMENT TO'FERS'ONNEL
POLICY "ORD:" '-� 6
9. THURM ASKED THAT DUE TO THE POSSIBLE TIME INVOLVED WITH THIS
ITEM IT BE POSED 70 THE END OF THE AGENDA. THERE WAS NO OBJECTION. - - -- i
ITEM 3. APPROVAL OF OCCUPATIONAL LICENSE-FOR VENDOR
MAYOR MACLAY REVIEWED THE APPLICATION FOR AN'OCCUPATIONAL
LICENSE TO OPERATE A SNOW CONE -ICE CREAM VENDING TRUCK IN THE
CITY. MR. RHAME MOVED TO APPROVE THE APPLICATION. MR. NICHOLAS
SECONDED THE MOTION. MR. FRANCIS STATED THAT: DUE TO A PROBLEM
WITH A PRIOR BUSINESS OF THIS NATURE, HE WOULD REQUEST THAT
COUNCIL NOT APPROVE'A LICENSE UNTIL THE POLICE DEPARTMENT COULA
CHECK OUT.THE APPLICANT.AND OPERATION. BY MOTION OF MR. RHAME,
SECONDED BY MAYOR MACLAY, AND UNANIMOUS VOTE, THIS ITEM WAS POST-!-,,.!
PONED FOR RECEIPT OF A REPORT FROM THE POLICE DEPARTMENT.
ITEM 4. COUNCIL AUTHORIZATION RED VOTER'REGISTRATION
SATURDAY, APRIL
BY MOTION OF MR. RHAME, SECONDED BY MRS® THURM, AND
`'UNANIMOUSLVOTEI AUTHORIZATION WAS GIVEN FOR CITY` L :TO BE OPEN
ON SATURDAY g APRIL 19 , FROM 9:00 A . M. TO 5:00 P . M., FOR RE73IS iTICN.
_ITEM 5. SUPPORT OF BICENTENNIAL ACTIVITIES OF NICHIREN
SHOSHU ACADEMY
MR. WILLIAM CROSS, FROM THE LOCAL NSA ORGANIZATION, READ
A LETTER TO COUNCIL REGARDING THEIR PLANS FOR PARTICIPATION IN
THE BICENTENNIAL CELEBRATION IN HAWAII. HE -GAVE A,FBACKGROUND AND
ASKED FOR A LETTER OF RECOGNITION FROM THE CITY. BY MOTION OF
MAYOR MACLAY, SECONDED BY MR. NICHOLAS, AND UNANIMOUS VOTE,
THE MAYOR WAS AUTHORIZED TO SEND A LETTER ADDRESSED TO THE MAYOR
OF WAIKIKI BEACH, HONOLULU, HAWAII.
ITEM 6. RE-INSTATEMENT OF MRS. JANE SCOGNA TO THE
BEAUTIFICATION BOARD
MRS. THURM ASKED WHY THE ITEM WAS ON THE AGENDA SINCE
NO RECOMMENDATION HAD COME FROM THE BEAUTIFICATION BOARD. MAYOR
MACLAY READ A LETTER HE HAD WRITTEN TO THE CITY COUNCIL STATING
HIS REASONS FOR REQUESTING THIS ACTION. MRS. RESCIGNO AND OTHER
MEMBERS OF THE BEAUTIFICATION BOARD WERE IN ATTENDANCE TO GIVE
THEIR REASONS FOR MEMBERS-BEING REMOVED FROM THE BOARD. THE
ATTORNEY'S OPINION WAS THAT THE BOARDS SERVED AT THE PLEASURE
OF THE COUNCIL AND COUNCIL HAD THE RIGHT TO REMOVE MEMBERS.*
AFTER FURTHER DISCUSSION ON THE MATTER, MAYOR MACLAY MOVED THAT
*FROM THIS POINT ON SEE ATTACHMENT MINUTES OF 4%1175
FOR THE REMAINING MINUTES REGARDING ITEM 6. PAGE 3 OF 5 PAGES
MICROFILMEb 4 -24 -80
MRS. SCOGNA: IT SEEMS THAT ALL I DO IS DEFEND MYSELF AND THE
PEOPLE OF THIS,,CITY. MRS. LAWSr IF I CALLED, YOU,
EXCUSE ME MRS. LAWS, MRS. RESCIGNO, I KNOW YOUR NAME.
I AM VERY CAPABLE. I DID CALL YOU IT WAS NOT TWO
WEEKS YOU ARE WRONG, I CALLED YOU AT WORK IT MAY
NOT HAVE BEEN THE EXACT NEXT DAY BUT IT WAS AS
SOON AS I GOT BACK FROM VACATION UNTIL I COULD CALL
YOU. ALRIGHT YOU BELIEVE WHAT YOU WANT TO BELIEVE.
I HAVE MISSED TWO MEETINGS. I HAVE BEEN PUBLICLY
EMBARRASSED AND I AM TIRED AND I FEEL THAT THIS .
HORRIBLE, THAT_THIS WEEKEND, A BEAUTIFICATION CHAIRMAN
WENT AROUND INDIVIDUALLY TO MEMBERS TO GET SIGNATURES.
IS THIS INFORMAL? YOU ADVERTISE EVERY BOARD MEETING
AS YOU DO A COUNCIL MEETING.. I AM SORRY I AM A
HARD NOSE AND A VERY HARD NOSE. REMOVE ME.IF I AM'
WRONG BUT I AM NOT WRONG.AND THIS IS A VIOLATION
OF SUNSHINE AND I AM GETTING TIRED OF IT AND I AM
GOING TO DO SOMETHING ABOUT IT NOW. ALL I WANTED, I
WANTED TWO WEEKS AGO WAS NOTHING IN THE PAPER. SAY
I AM SORRY. DON'T REINSTATE ME. I DON'T WANT TO BE
ON THIS BOARD. I NEVER ENJOYED IT AND .I NEVER WANT
TO BE ON IT BUT DON'T YOU DO THIS TO ME AND DON'T
YOU ACCUSE ME OF BEING POLITICAL ETC. AND I AM-TIRED-
OF IT I AM GOING TO CARRY IT FURTHER AND BELIEVE
ME I WILL.
MAYOR MACLAY: THANK YOU-
MR. NICHOLAS: SINCE MRS. SCOGNA DOES NOT CARE TO BE REINSTATED TO
THE BOARD, CAN WE CONTINUE WITH THE NEXT ITEM
MR. MAYOR?
MRS. SCOGNA: I DIDN'T SAY THAT.
MR. NICHOLAS: YOU JUST MADE THAT STATEMENT.
MRS. SCOGNA: I SAID YOU GIVE ME A CHOICE.
PAGE 1 07 2 PG.c
(ATTACHMENT TO
PAGE 3 OF MINU':
4/1/75)
MICROFILMED .4 -24 -80
MR. NICHOLAS: YOU MADE THAT STATEMENT.
MRS. SCOGNA:, YOU GIVE ME THE CHOICE BY COUNCIL VOTE. IF I
THEN DECIDE TO RESIGN, THEN IT'S MY PRIVILEGE
AND IT SHOULD BE THE PRIVILEGE OF EVERY CITIZEN.
I AM .SORRY IT CAME TO THIS.
SHORTLY AFTER THE ABOVE CONVERSATION, MAYOR MACLAY
MOVED MRS. SCOGNA.BE REINSTATED TO THE BEAUTIFICATION BOARD. MR. RHAME
SECONDED THE'MOTION. VOTE; WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY,
OPPOSED, MR. NICHOLAS, MR. RHAME, MR. SALVAGGTO, AND MRS.. THURM.
MOTION FAILED.
PAGE 2 OF 2 PAGES
(ATTACHMENT TO
PAGE 3'OF MINUTES
OF 4/1/75)
MICROFILMED 4.24-90-
MRS. SCOGNA BE RE- INSTATED TO THE BEAUTIFICATION BOARD. MR. RHAME
SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY,
OPPOSED, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO, AND MRS. THURM.
MOTION FAILED.
ITEM 7. PLANNING & ZONING MINUTES
MRS. THURM READ THE PLANNING & ZONING BOARD MINUTES OF
MARCH 12TH.
MR. FRANCIS ASKED THAT THE COUNCIL RECOGNIZE LT. HILL
FOR A REPORT ON POLICE DEPARTMENT OPERATIONS. LT, HILL REPORTED
THAT THE POLICE DEPARTMENT HAD ON DUTY MR. STILES AS AN AUXILIARY
.OFFICER AND LIFEGUARD CAPTAIN WITH NO SALARY, EXCEPT THE SALARY
FROM THE LIFEGUARD PROGRAM, WHICH WAS BEING HANDLED THROUGH THE
COUNTY. HE STATED THERE WERE TO BE NINE LIFEGUARD STATIONS ALONG
THE BEACH. AND ASKED THAT THE CITY AUTHORIZE A UNIFORM FOR MR.
SO' HE ' . COULD BE USED AS AN OFFICER IN CASE OF EMERGENCY, LT. HILL
ALSO', REPORTED THAT THE NEW 911 SYSTEM WAS WORKING EXCEPTIONALLY
WELL AND THAT THE CITY WAS THE SECOND IN THE COUNTY AND THE FULTM
OR- FIFTW.G'ITY IN THE STATE TO COME UNDER THIS SYSTEM. HE REPORTED
ON THE EXPENSE OF THE POLICE CARS FOR - REPAIRS AND STATED THAT A
CRIME REPORT WOULD BE FORTHCOMING PROBABLY AT THE NEXT COUNCIL
MEETING.
NEW BUSINESS
ITEM 2. DISCUSSION RE: AMENDMENT TO PERSONNEL POLICY
ORD. 9-70
BY MOTION OF.SMAYOR MACLAY, SECONDED BY MR. NICHOLAS, AND
UNANIMOUS VOTE, THIS ITEM WAS POSTPONED FOR TWO WEEKS, = CITY
MMGER WAS ASKED TO SEC0E THE FINANCIAL D=11S IN REGARD M THE CHANGES
IN THE PERSONNEL POLICY.
MR. FRANCIS READ HIS REPORT ON THE POLICE DEPARTMENT AND
PRESENTED TO COUNCIL COPIES OF OTHER DEPARTMENT HEAD'S ACTIVITY
REPORTS.
MR. ALLEN ASKED THAT THE CITY CONSIDER PURCHASE OF A
BRUSH SAW AT A PRICE OF $400.M TO BE USED IN THE LOT CLEARING
PROGRAM.
MR. BALOUGH REPORTED ON THE STATUS OF THE ZONING BOARD'S
WORK AND ASKED COUNCIL'S COOPERATION ON THE COMPREHENSIVE PLAN
FOR THE CITY.
MINUTES OF 4/1/75
PAGE 4 OF 5 PAGES
MICROFILMED 4 -24=80
BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO,
THE MEETING WAS ADJOURNED AT 10:20 P. M.
APPROVED THIS 15Th DAY OF APRIL, 1975.
R
MINUTES OF 4/1/75
PAGE 5 OF 5 PAGES
SUBJE'CTs Reinstatement of I -Ira. Jane Scogna to the City Beautifi_
cation Board.`
D423s 1 April 1975
It is my contention that Mrs.'Jane Scogna was removed il-
legally from the Cape Canaveral Beautification Board for the fol-
lowing reasons&
1 The Beautification Board bylaws have never been officially
approved. According 'to the September 10, 1973 minutes of
the Beautification Board, the proposed bylaws were approved
by, the Board for -- consideration byt, the Countil, (Attach-
'. ment;l)o However-, no Council action was ever taken.
M 2. The Beautification Board bylaws on file at City Hall
states° PMembers may miss no-wore-.than two (2) consecu-
tive,.-meetings without notification to - the chairman±..... n "
(jittachment-2)W, Mrs. Jane Scogna. missed only two meet-
Angs, which is permissible under the non - official bylaws.
3. Mrs. -Jame Scogna did, in fact, notify the chairman the
day.-following the meeting, apologized for missing the meet-
1"W explaining that it was due to unexpected traffic
delays on returning from a vacation (attachment 3).
4. According . to the tapes of the February .18,? 1975 Council
meeting,'Krs• Jane Scognn was removed by=' "a motion to ap-
prove ` the ' action of the Beautif ication''Board" . This was
In error since the Beautification Board did not: take any
notion regarding removal of members. The action to remove
Mrs . Scognst was taken by the chairman with the con-
currence of Councilmember Mrs. Arm Thurm.
Since this was the first time that any' members of any City
Board -- all of whom serve voluntarily -- have giver been expelled
for non - attendance, the Council should have eheckiid the bylaws to
see if the request wRs justified, inquired to. mstke certain that
the expulsion was by Board action, and issued an invitation to the
Board members in question to come before the Council if they so
chose, thus giving them the courtesy of a hearing.
For a. city to publicly expel anyone from membership on a City
Board where service is entirely voluntarily is most reprehensible,
and advertising the names of members and the- fact of their expul-
sion in the Cape Canaveral Newsletter which is sent to all Cape
Cann: era.l voters -As well as to members of the 16641 area Chamber
of Commerce. was not only ridiculous and shortsighted but almost
incomprehensible, since the.City needs all.the cooperation and vol-
untary help I- can get. For Counoilmembers Thurm and Nicholas,.
71
ti ^ y i
MICROFILMED 4.2.4 -80
Newsletter editors, who are up for reelection* to use the City
Newsletter
.0 which is paid for with City funds in order to publicly
embarrass P..potentiall political rival, Mrs. Jane Scogna, is high-
ly unethical. In fact, had proper procedure been followed (as'
laid down by the.City Council in October of 1973) -- requiring that
all Newsletters be revie*ed by Council -- such an obviously politi-
cal 'news' item would have been exposed.for what it is. And Council -
man NicholAs' adding the.word 'excessive' to the word 'non-atten-
dance' to describe Mrs. Scognas' missing of two, meetings of the
Beftttlf ieation Board . wash adding insult to in jury, removing any
lingering..doubt as.-to the purpose of the 'news' item.
Therefore, I ,ask that the City Council. take Immediate steps
to rectify-this deplorable Injustice done . to three * Board members
and that it make certain that the City Newsletter is never again
used -as an instrument for partisan political gain.
3 Maalay, Mayor
' i -ry vyy Ya•w - j
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