HomeMy WebLinkAbout04-22-1975 Regular MeetingMICROFILMED 4 -24 -80
REGULAR MEETING
CITY COUNCIL
APRIL 22, 1975
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON APRIL 221 1975 AT CITY HALL
105 POLIO 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-I...-
.CITY MANAGER ALBERT J. FRANCIS `,.ASSISTANT CITY ATTORNEY
RICHARD SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS
JAMES CANNON.
THE MINUTES OF THE APRIL 15 MEETING WERE APPROVED'
AS READ.
UNFINISHED BUSINESS
ITEM 1. ORD. 6 -75 CONDOMINIUM SEWER RATES AMEND.
ORD. 31-74 2N5 READING POSTPONED
MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED;
AN ORDINANCE AMENDING ORDINANCE NO. 31 -74 REGARDING
SEWER RATES FOR CONDOMINIUMS, BY PROVIDING'THAT SAID
RATES SHALL NOT BE RETROACTIVE; REPEALING'.ALL
ORDINANCES, RESOLUTIONS, OR PARTS THEREOF`IN CON-
FLICT HEREWITH*- PROVIDING AN EFFECTIVE DATE.
MR. RHAME MOVED TO ADOPT THE ORDINANCE. MR. SALVAGGIO
SECONDED. THE CITY CLERK INFORMED COUNCIL OF THE ",CASH OUTLAY
THAT WOULD BE INVOLVED IN ADDITION TO CREDITING ACCOUNTS NOT
YET COLLECTED IF THE RATES WERE MADE RETROACTIVE.: MR. FRANCIS
REPORTED ON A MEETING HELD WITH MR. AOLINE AND ASKED FOR A DELAY
ON THIS ITEM UNTIL MAY 6. MRS. THURM MOVED TO POSTPONE THE ITEM
UNTIL THE MAY 6 AGENDA. MOTION FAILED FOR LACK OF A SECOND.
VOTE ON THE MOTION FOR ADOPTION WAS AS FOLLOWS: IN FAVOR,
MAYOR MACLAY, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO, OPPOSED,
MRS. THURM. MOTION CARRIED. ORDINANCE ADOPTED.
ITEM 2. ORD. 8 -75 POWERS & DUTIES BOARD OF ADJUSTMENT
AMENDING ZONING ORD. 12 -71 (2ND READING)
BY MOTION OF MR. NICHOLAS, SECONDED BY MR. SALVAGGIO,
MICROFILMED 4 -24-80 ' R .�
AND UNANIMOUS VOTE, THIS ITEM WAS POSTPONED TO MAY 6
FOR FURTHER REVIEW BY THE ATTORNEY AND CHAIRMAN OF
THE PLANNING & ZONING BOARD.
ITEM 3. RESOLUTION 75 -9 APPOINTMENT OF
2 LIBRARY. BOARD MEMBERS
MAYOR MACLAY READ A LETTER OF RESIGNATION
FROM MARY KIRBY. BY MOTION OF MRS. THURM, SECONDED BY
MR. RHAME, AND UNANIMOUS VOTE, THE RESIGNATION WAS
ACCEPTED WITH REGRET AND THE CITY CLERK WAS ASKED.TO SEND
A'CERTIFI.CATE OF APPRECIATION TO MRS. KIRBY. MAYOR
MACLAY REVIEWED LETTERS FROM FOUR APPLICANTS FOR THE
BOARD:
EDWARD BALOUGH
ERNE_STINE BUTTE
FRANK.CARUSO
HELEN CHANDLER .
MR. -RHAME-MOVED TO PLACE ALL FOUR NAMES IN NOMINATION.
COUNCIL MEMBERS VOTED AS FOLLOWS
MAYOR.MACLAY MR. BALOUGH, MRS BUTTE
MR. NICHOLAS MR. CARUSO, MR. BALOUGH
MR.. RHAME — MRS. CHANDLER, MRS. BUTTE
MR'*.SALVAGGIO— 'MRS..BUTTE, MR. CARUSO
MRS*. THURM MR. BALOUGH, MRS.-BUTTE
__MR,, NICHOLAS MOVED THAT MRS. BUTTE.AND MR. BALOUGH BE
APPOINTED. BY UNANIMOUS VOTE. MR. RHAME SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR MACLAY READ THE RESOLUTION IN FULL
ENTITLED.
A RESOLUTION ELECTING MEMBERS TO
THE LIBRARY BOARD: PROVIDING AN
EFFECTIVE DATE.
BY MOTION
UNANIMOUS
ASKED THE
BOARD AND
NEW BUSIN]
INSERTING THE NAMES OF THE NEW BOARD MEMBERS.
OF MAYOR MACLAY, SECONDED BY MRS. THURM AND
VOTE, THE RESOLUTION WAS ADOPTED. MRS. THURM
CITY CLERK TO NOTIFY THE CHAIRMAN OF THE
THE TWO NEW MEMBERS.
sSS
ITEM 1. ORD. 11 -75 RE: DEFINITIONS
SECTION XXIV, AMEND. ZONING ORD.
N0. 12-71 PERMISSION TO ADVERTISE]
BY MOTION OF MR. SALVAGGIO, SECONDED BY
MRS. THURM AND UNANIMOUS VOTE, THE CITY CLERK WAS
'AUTHORIZED TO ADVERTISE THE ORDINANCE.
ITEM 2. BUILDING OFFICIAL'S OPINION RE:
TRAILERS COLUMBIA DRIVE
MINUTES OF 4/22/75
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MICROFILMS® 4- 24 -80-
MR. SCOTT GAVE THE OPINION THAT THE BUILDING OFFICIAL
HAD RENDERED AS TO THE STATUS OF THE TRAILERS AND BOATS
LOCATED ON COLUMBIA DRIVE:
1. HE STATED THAT THE MOBILE HOME HAD A PERMIT
UNTIL MAY 7 AND WOULD BE REMOVED AFTER THAT
TIME.
2. ONE TRAILER, BELONGING TO DESIGN FACILITIES,
IS A STORAGE TRAILER FOR CONSTRUCTION AND
CAN LEGALLY STAY DURING THE CONSTRUCTION.
3.• ONE TRAILER IS A CAMPER. IT IS IN.STIOLATION
AND THE BUILDING OFFICIAL.WILL TARE ACTION
TO HAVE`IT REMOVED.
4. ONE TRAILER,. BELONGING TO NEW YORK TIMES, HAS
ALREADY BEEN REMOVED.
5. HOUSE BOAT APPARENTLY BEING LIVED ON,_ NO
ZONING VIOLATION, BUT SOME QUESTION AS TO
SANITARY-PROBLEM BECAUSE'OF RAW SEWERAGE BEING
DISCHARGED WITHIN THE CITY' LIMITS..
THE BUILDING OFFICIAL IS STILL.CHECKING ON THE
STATUS OF THE OTHER BOAT.
'MR. SCOTT ALSO STATED THAT THERE WAS A VIOLATION
AS TO AN -INCORRECT. '..`,`TAG AND THAT LT. HILL IS INVESTIGATING
THIS VIOLATION.
THE CITY CLERK WAS ASKED TO PUT THIS ITEM ON THE
AGENDA AGAIN FOR MAY 6.
ITEM 3. ORDINANCE 13 ®75 REGARDING DRINKING
ALCOHOLIC BEVERAGES IN PARKS
MAYOR MACLAY READ THE ORDINANCE ENTITLED:
AN ORDINANCE TO PROHIBIT THE CONSUMPTION OR
POSSESSION OF AN OPEN CONTAINER OF ANY ALCOHOLIC
BEVERAGE, INCLUDING BEER AND WINE, WITHIN THE
CONFINES OF ANY PUBLIC PARK, PUBLIC RECREATIONAL
AREA, PUBLIC RECREATIONAL FACILITY, OR,.PUBLIC BALL
PARK, WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR PENALTIES FOR VIOLATION; ,.REPEALING
ALL CONFLICTING ORDINANCES AND CHARTER VROVISIONS;
PROVIDING AN EFFECTIVE DATE.
DISCUSSION FOLLOWED AS TO THE NEED FOR CLARIFICATION
OF PUBLIC VERSUS PRIVATE PROPERTY. THIS WILL BE CLARIFIED
ON SECOND READING. BY MOTION OF MR. SALVAGGIO, SECONDED
BY MR. RHAME, AND UNANIMOUS VOTE, FIRST READING WAS APPROVED.
ITEM 4. ',RESOLUTION-75-10 RE: ARTICLE 5
MRS. THURM READ THE RESOLUTION ENTITLED:
A RESOLUTION OF THE CITY COUNCIL.OF THE CITY
OF CAPE CANAVERAL, FLORIDA REQUESTING THE
FLORIDA LEGISLATURE -TO ENACT LEGISLATION
CALLING FOR REFERENDUM ON ARTICLE 5 OF THE
STATE CONSTITUTION TO DELAY THE ABOLISHMENT
OF MUNICIPAL COURTS.
MINUTES OF 4/22/75
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MICROFILMED 4 -24 -80
COUNCIL MEMBER THURM ALSO READ A LETTER FROM JUDGE PROPPER
REGARDING THE SAME SUBJECT. BY MOTION OF MAYOR MACLAY,
SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, THE RESOLUTION
WAS ADOPTED. A LETTER IS TO BE FORWARDED TO THE JUDGE BY
MAYOR MACLAY WITH A COPY OF THE RESOLUTION.
ITEM 5. REVIEW OF TREASURY REPORT AND STATUS OF
FUNDS
MR. FRANCIS ASKED THAT COUNCIL POSTPONE THIS ITEM
AS MORE TIME WAS NEEDED TO DETERMINE THE AFFECT OF VARIOUS
EXPENDITURES (GARBAGE, PUBLIC EMPLOYMENT PROGRAM, AND CETA)
ON THE CITY'S FINANCIAL STATUS. BY MOTION OF MAYOR MACLAY,
SECONDED BY MR. SALVAGGIO,.AND UNANIMOUS:, VOTE OF COUNCIL,
THE ITEM WAS POSTPONED, TO THE MAY 6 MEETING.
ITEM 6 ORDINANCE 12 -75 BEAUTIFICATION BOARD
BYLAWS
SOME POINTS IN THE PROPOSED ORDINANCE WERE BROUGHT
OUT THAT WOULD POSSIBLY REQUIRE CHANGES TO BE MORE INCONFORMITY
WITH THE RULES OF.PROCEDURE OF COUNCIL AND OTHER BOARDS.
MR. RHAME.MOVED TO POSTPONE THE ITEM TO MAY 13 MEETING.
MAYOR MACLAY SECONDED THE MOTION.. MOTION CARRIED BY UNANIMOUS
VOTE.
MR. FRANCIS REPORTED THAT CITY DOES HAVE
$10,000.00 BLANKET COVERAGE ON THE FIREMEN FOR ACCIDENTAL-
DEATH ON THE JOB AND ALSO DISABILITY COVERAGE FOR ON THE`JOB
ACCIDENTS. rf
BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM,
MEETING ADJOURNED AT 9:55 P.M.
APPROVED THIS • 6 DAY OF MAY , 1975.
MINUTES OF 4/22/75
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