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HomeMy WebLinkAbout04-15-1975 Regular Meeting1 REGULAR MEETING MICROFILMED 4'24: CITY COUNCIL APRIL 15, 1975 A REGULAR MEETING OF THE CITY,COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON APRIL 15, 1975 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P. M. MACLAY. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. 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, ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA J..OSTROM. MR. CLIFFORD VANWAGNER WAS PRESENTED WITH A PLAQUE- IN APPRECIATION OF HIS SERVICES TO THE CITY AS A MEMBER AND CHAIRMAN OF THE PLANNING AND ZONING BOARD. THE MINUTES OF THE APRIL 1, 1975, AS AMENDED; WERE. APPROVED BY MOTION OF MR. NICHOLAS, SECONDED° -e$Y MRS. THURM, AND UNANIMOUS VOTE. THE MINUTES OF APRIL 8, 1975 WERE APPROVED AS READ. THE TREASURER'S REPORT WAS PRESENTED AND, DUE TO QUESTIONS REGARDING THE POSSIBLE NEED FOR A BUDGET REVISION, THE TREASURER #S REPORT WAS HELD OVER TO THE NEXT MEETING. UNFINISHED BUSINESS ITEM 1. ORD. 7 -75 RE: ESTABLISHING PLAN FOR LAW EN- FORCEMENT (2ND READING MR. SCOTT READ THE ORDINANCE ENTITLED: "AN ORDINANCE ESTABLISHING A PLAN FOR LAW ENFORCEMENT FOR THE CITY OF CAPE CANAVERAL, FLORIDA, BY PROVIDING FOR A POLICE DEPARTMENT; BY PROVIDING FOR A CHIEF OF POLICE; BY PROVIDING FOR THE APPOINTMENT AND REMOVAL OF A CHIEF OF POLICE; BY ESTABLISHING THE DUTIES, HOURS OF EMPLOYMENT AND COMPENSATION OF THE CHIEF OF POLICE; BY ESTABLISHING THE DUTIES_ OF EMPLOYEES AND OFFICERS OF THE POLICE DEPARTMENT; BY REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. low . MR. SALVAGGIO MOVED TO APPROVE THE ORDINANCE. MRS. THURM SECONDED. MR. SCOTT READ A PROPOSED AMENDMENT TO INSERT "PROCED- URE FOR SELECTING A CHIEF OF POLICE." MICROFILMIED 4-24 -80 MR. RHAME MOVED TO APPROVE THE AMENDMENT. MR. NICHOLAS SECONDED THE MOTION. MAYOR MACLAY MOVED TO FURTHER AMEND UNDER THE FINAL SELECTION PARAGRAPH TO READ "FINAL SELECTION OF CHIEF OF POLICE SHALL BE BY THE CITY MANAGER, WITH THE APPROVAL OF THE CITY COUNCIL." MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. NICHOLAS MOVED TO FURTHER AMEND BY MAKING THE BACKGROUND IN- VESTIGATION SECTION OR PARAGRAPH A PART OF RECOMMENDATIONS BY THE BOARD AND RENUMBERING. MAYOR MACLAY SECONDED THE MOTION.. MOTION CARRIED UNANIMOUSLY. VOTE ON THE ORIGINAL AMENDMENT, AS AMENDED, WAS UNANIMOUSLY IN FAVOR. VOTE ON THE ORDINANCE, AS AMENDED, WAS UNANIMOUSLY IN FAVOR. ORDINANCE ADOPTED. ITEM 2. REQUEST FOR USE PERMIT OF DEDI - T►A11+aMiTtA •T•/1•!'f'!'N'1Pi1T'I:IT MR. RHAME REVIEWED THE REQUEST OF CAPE SHORES TO USE THE DEDICATED PROPERTY FOR BEAUTIFICATION. MR. SCOTT REPORTED THAT HE S'AW NO LEGAL REASON TO PREVENT THIS USE AND BROUGHT OUT THAT A NEW DEED OF DEDICATION WOULD BE EXECUTED DEEDING THE PROPERTY DIRECTLY TO THE CITY. MR. BALOUGH, CHAIRMAN OF THE PLANNING AND ZONING BOARD, REPORTED THAT THE P. & Z. BOARD VOTED TO AGREE WITH THIS USE PROVIDING NO BUILDING WAS PUT ON THE PROPERTY AND THAT IT NOT BE USED FOR PARKING. MR. FRANCIS READ A LETTER FROM THE ENGINEERS ALSO STATING NO OBJECTION PROVIDING THE RIGHTS OF THE CITY FOR A FUTURE ROAD WERE PROTECTED. MR. RHAME MOVED THAT THE CITY ATTORNEY BE AUTHORIZED TO DRAW UP THE NECESSARY LEGAL DOCUMENT OF PERMISSION SUBJECT TO THE STIPULATIONS OF THE PLANNING AND ZONING BOARD AND THE ENGINEERS. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME COMPLIMENTED THE CAPE SHORE ASSOCIATION FOR THEIR INTEREST IN BEAUTIFYING THE CITY. ITEM 3. DISCUSSION' PERSONNEL POLICY AMENDING ORD. 9 -70 POSTPONED MR. FRANCIS REPORTED TO COUNCIL THE DOLLAR VALUE INVOLVED IN PROVIDING THE SAME SICK TIME AND VACATION SCHEDULES FOR THE OTHER CITY EMPLOYEES AS FOR THE POLICE DEPARTMENT. MRS. THURM BROUGHT OUT SEVERAL POINTS IN THE PERSONNEL POLICY WHICH SHE FELT NEEDED REVISION. AT THE SUGGESTION OF MR. RHAME, THE MAYOR APPOINTED MRS. THURM AS A COMMITTEE HEAD TO WORK WITH THE CITY MANAGER, CITY MINUTES OF 4/15/75 PAGE 2 OF 6 MICROFILMED 4-24-80 CLERK, AND THE CITY ATTORNEY ON AN UPDATED PERSONNEL POLICY TO PRESENT TO COUNCIL. NEW BUSINESS ITEM 1. ORDINANCE 10 -75 ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS :(PERMISSION.TO ADVERTISE BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, ADVERTISING OF THE PROPOSED.NEW ZONING ORDINANCE WAS AUTHORIZED SCHEDULING MAY 6, 1975 FOR FIRST READING AND MAY 13TH FOR SECOND READING. MR. SCOTT STATED THAT HE WOULD NOTIFY MAJOR PROPERTY OWNERS OF CITY PROPERTY WHO MIGHT BE IN- TERESTED AND SUGGESTED THAT A BLOCK COURTESY AD BE PLACED IN THE NEWSPAPER. , u........ _ _ ITEM,..2•. CITY MANAGER'S REPORT ON TRAILER SITUATION COLUMBIA DRIVE _ MR. FRANCIS READ A REPORT PREPARED BY LT. HILL ON THE NUMBER OF TRAILERS AND BOATS LOCATED AT THE END OF COLUMBIA DRIVE THE QUESTION AROSE AS TO WHETHER OR NOT ONE OF THE TRAILERS IN QUESTION MIGHT HAVE AN ILLEGAL MOTOR VEHICLE LICENSE.. THIS IS TO BE CHECKED OUT BY THE POLICE DEPARTMENT THROUGH THE STATE TAG AGENCY. MR. SCOTT REQUESTED THAT THE BUILDING OFFICIAL PREPARE AN OPINION.REGARDING THESE TRAILERS FOR THE.NEXT COUNCIL MEETING. ITEM 3. ORDINANCE 8 -75 AMEND. ORD. 12. -71 AS AMENDED ST READING 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 FOL FILING PROPOSED AMENDMENTS TO ZONING ORDINANCES AND PROVIDING FOR CERTAIN 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." MR. NICHOLAS MOVED TO APPROVE FIRST READING. MAYOR MACLAY SECONDED THE MOTION. MR. BALOUGH EXPLAINED TO COUNCIL THE THINKING OF THE PLANNING AND ZONING BOARD ON THIS AMENDMENT. MINUTES OF 4/15/75 PG. 3 OF 6 MICROFILMED 4 -24 -80 VOTE ON THE MOTION WAS UNANIMOUSLY IN FAVOR. FIRST READING WAS APPROVED. ITEM 4. RESOLUTION 75 -9 APPOINTMENT OF TWO LIBRARY BOARD MEMBERS MAYOR MACLAY READ FOUR LETTERS FROM APPLICANTS FOR THE BOARD. DUE TO A LETTER OF RESIGNATION FROM A PRESENT MEMBER NOT BEING RECEIVED PRIOR TO THIS MEETING, MR. SALVAGGIO MOVED TO POSTPONE THE RESOLUTION TO THE NEXT MEETING. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. ORDINANCE-9-75 PROHIBITING DRINKING ALCOHOLIC BEVERAGES ON PAMING LOTS E . MAYOR MACLAY READ THE ORDINANCE ENTITLED: "AN ORDINANCE TO PHOHIBIT THE CONSUMPTION OR POSSESSION OF AN OPEN CONTAINER OF ANY`ALCOHOLIC BEVERAGE, INCLUD- ING BEER AND WINE, ON ANY STREET, ... ±,T,LSX., SIDEWALK._ OR _ ON. "PARKING -AREA OPEN -TO' THE PUB�,I�C IN THE ORDINARY COURSE OF RUSINESSr PROVIDING FOR PENALTIES;. _REPEALING ALL ORDINANCES OR -PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED TO APPROVE FIRST READING, MRS. 7 HJRN! SECpNDR,. DISCUSSION FOLLOWED ON ENFORCEMENT AND PROVISION FOR PENALTIES. MR. RHAME MOVED TO AMEND THE TITLE TO PROVIDE FOR PENALTIES. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, VOTE ON THE ORDINANCE AS AMENDED WAS UNANIMOUS. FIRST READING WAS APPROVED. ITEM 6. OCCUPATIONAL LICENSE FOR VENDOR - LEO'S SNACK BAR THE CITY CLERK DESCRIBED TO COUNCIL THE OPERATION PLANNED BY MR. ARROYO. MR. FRANCIS STATED THAT HE HAD INVESTIGATED THE BACKGROUND OF THIS OPERATION. MR. SALVAGGIO MOVED TO APPRO THE REQUEST FOR OCCUPATIONAL LICENSE. MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGG r AND MRS. THURM, OPPOSED, MAYOR MACLAY, MR. NICHOLAS: MOTION CARRIED. LICENSE APPROVED. IT WAS DETERMINED THAT THE CITY ATTORNEY SHOULD PREPARE AN AMENDMENT TO THE OCCUPATIONAL LICENSE ORDINANCE FOR THE MEETING OF MAY 6 FOR BETTER CONTROL AND PERIODIC REVIEW OF CER- TAIN OCCUPATIONS. ITEM 7. DISCUSSION RE: MEMBERSHIP IN FLORIDA STATE FIREMEN'S ASSOCIATION FOR VOLUNTEER FIRE MINUTES OF 4/15/75 PG. 4 OF 6 4 a MICROFILMED 4.24-80 CHIEF HOELPERL BROUGHT OUT THE NEED OF ADDITIONAL INSURANCE COVERAGE FOR THE VOLUNTEER FIREMEN, WHICH THIS MEMBERSHIP WOULD INCLUDE. HE PRESENTED A LIST OF TWENTY -FOUR FIREMEN. MAYOR MACLAY MOVED THAT THE REQUEST FOR MEMBERSHIP AT A TOTAL COST OF $192.00 PER YEAR BE APPROVED. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. SYNOPSIS OF MINUTES OF CITY BOARDS THE FOLLOWING COUNCIL MEMBERS REPORTED ON THEIR AREAS OF INTEREST: MRS. THURM, LIBRARY BOARD, RECREATION BOARD AND PLANNING AND ZONING BOARD, MR. RHAME, BEAUTIFICATION BOARD AND MR. SALVAGGIO, POLICE DEPARTMENT REPORT. MR. FRANCIS REPORTED THAT THEY WERE READY TO PROCEED WITH INVESTIGATION OF THREE APPLICANTS FOR THE CHIEF OF POLICE POSITION. HE WAS RECOMMENDING "VIDELIFACTS "DO THE INVESTIGATION AND THE ANTICIPATED COST SHOULD NOT EXCEED $1,000.00 FOR THE THREE PEOPLE. MR. NICHOLAS MOVED TO ADD'AN ITEM TO THE AGENDA REGARDING EXPENDITURE OF.FUNDS FOR THE CHIEF OF POLICE APPLICANTS" INVESTIGATION. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. NICHOLAS MOVED TO AUTHORIZE THE CITY MANAGER TO EXPEND UP TO $1,000.00 FOR THE INVESTIGATION.OF THE APPLICANTS. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. FRANCIS. REPORTED THAT HE HAD MET WITH MR. BALOUGH, PLANNING AND ZONING BOARD CHAIRMAN, AND THAT MR. BALOUGH HAD OFFERED TO PREPARE A NEW COMPREHENSIVE SIGN ORDINANCE FOR THE CITY AT A COST OF $500.00. MR. RHAME MOVED TO ADD AN ITEM TO THE AGENDA REGARDING EXPENDITURE OF FUNDS FROM THE PLANNING AND ZONING BOARD BUDGET FOR A SIGN ORDINANCE. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED TO AUTHORIZE THAT A PURCHASE ORDER BE ISSUED IN THE AMOUNT OF $500.00 TO COVER PREPARATION OF A NEW SIGN ORDINANCE BY MR. BALOUGH. MR. SALVAGGIO'SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY MRS. THURM REPORTED ON THE RECENT MEETING OF THE BREVARD LEAGUE AND SOME RESOLUTIONS PASSED BY THE LEAGUE. MINUTES OF 4/15/75 PG. 5 OF 6 MICROFILMED 4.24-80 SHE ASKED THAT THE CITY PASS A SIMILAR RESOLUTION REGARDING Zk-5 AT THE NEXT COUNCIL MEETING. BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO, MEETING ADJOURNED AT 11:40 P. M. APPROVED THIS 22ND DAY OF APRIL, 1975. w MINUTES OF 4/15/75 PG. 6 OF 6