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HomeMy WebLinkAbout05-06-1975 Regular MeetingMICROFILMED 4.24-80 REGULAR MEETING CITY COUNCIL MAY 6, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MAY 6, 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. MACLAY. THE ROLL WAS CALLED;.13Y THE CITY CLERK. OFFICIALS PRESENT WERE., MAYOR FRANKLYN P. MACLAY, COUNCILMEN.L. C. NICHOLAS, E. H. RHAME, G. J. SALVAGGIO, AND MRS. ANN THURM, CITY MANAGER ALBERT J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA J. OSTROM.. THE MINUTES OF THE APRIL 22ND MEETING WERE APPROVED AS READ. UNFINISHED BUSINESS ITEM 1. ORD. 8 -75 POWERS & DUTIES BOARD OF ADJ. AMENDING ZONING ORD. 12 -7 ND 'READING POSTPONED THE MAYOR READ THE ORDINANCE ENTITLED: 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 .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 MAYOR MACLAY MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED. DISCUSSION FOLLOWED REGARDING DEFINITIONS NEEDING FURTHER CLARIFICATION IN THE PROPOSED ORDINANCE. MR. SALVAGGIO MOVED TO POSTPONE THE ITEM TO THE NEXT MEETING. MRS.THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MICROFILMED 4-24-80 ITEM 2. DISCUSSION TRAILER & BOAT ON COLUMBIA DRIVE MR. SCOTT REPORTED THE FOLLOWING TO THE COUNCIL: 1. TOMORROW BEING MAY 7 AND DEADLINE FOR THE MOBILE HOME, ACTION WOULD BE TAKEN FOR REMOVAL OF SAME ON THURSDAY, MAY 8. 2. THE TRAILER HAVING AN IMPROPER TAG - CITY CANNOT ENFORCE A VIOLATION ON THE TAG UNLESS THE TRAILER IS MOVED. THE STATE REQUIRES A TAG IF TRAILER IS LIVED IN. NO ACTION CAN BE TAKEN AT THIS TIME. 3. CAMPER TRAILER STILL NOT MOVED AS OF THIS DATE. CITATION TO BE ISSUED. 4. REGARDING THE BOATS - THE ONE BELONGING. TO DR. ADDINGTON IS FOR SALE THE OTHER CANNOT BE MOVED WITHOUT TOWING AND T MMD BE DIE ajILTX IN amnl= EVIDENCE AS IO A.SEWERAGE PFCWM . MR. FRANK CARUSO POINTED OUT FEDERAL REGULATIONS COVERING NAVIGABLE WATERS. MR. FRANCIS.WAS INSTRUCTED TO CONTACT THE COAST GUARD FOR AN INVESTIGATION ON THIS BOAT. ITEM 3. REPORT ON STATUS OF CITY BUDGET AND REVENUE SHARING MR. FRANCIS STATED THAT THERE COUIX BE A POSSIBLE $40,000 SHORTAGE IN THE CURRENT BUDGET IF ALL BUDGETED FUNDS. WERE SPENT. HE BROUGHT OUT THREE SPECIFIC ITEMS:; NAMELY, $10,000 STREET REPAIRS, $10,000 CONTINGENCY, $21,000 FIRE EQUIPMENT AND IF THESE WERE NOT SPENT THIS YEAR'S BUDGET WOULD BALANCE OUT. MR, FRANCIS ALSO POINTED OUT THAT THE CITY WOULD HAVE TO LOOK FOR SOURCES OF INCREASED INCOME FOR THE NEW FISCAL YEAR OR CUT SERVICES. THE CITY CLERK REPORTED ON THE STATUS OF THE REVENUE SHARING FUNDS AND THE COST ON THE NEW'POLICE.BUILDIN. IT WAS DECIDED THAT NO CHANGES BE MADE IN THE BUDGET AT THIS TIME. ITEM 4. ORDINANCE 9 -75 PROHIBITING CONSUMPTION ALCOHOLIC BEVER. ON STREETS, PARKING AREAS ETC. 2-No READING THE MAYOR READ THE ORDINANCE ENTITLED: AN ORDINANCE TO PROHIBIT THE CONSUMPTION OR POSSESSION OF AN OPEN CONTAINER OF ANY ALCOHOLIC BEVERAGE, INCLUDING BEER AND WINE, ON ANY STREET, ALLEY, SIDEWALK OR ON PARKING AREA OPEN TO THE PUBLIC IN THE ORDINARY COURSE OF BUSINESS; . PROVIDING FOR PENALTIES FOR VIOLATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MINUTES OF 5/6/75 PAGE 2 OF 8 ICROFJLMi D 4 -24 -80 MAYOR MACLAY MOVED FOR ADOPTION. MRS. THURM SECONDED. SOME DISCUSSION WAS HELD ON THE SCOPE OF THE ORDINANCE AND THE ABILITY TO ENFORCE IT. MR. SCOTT STATED THAT HE FELT THAT IT COULD BE ENFORCED AND SHOULD BE TRIED AS IT HAD WORKED VERY WELL IN OTHER AREAS. BY UNANIMOUS VOTE OF COUNCIL, THE ORDINANCE WAS ADOPTED. NEW BUSINESS ITEM.1. MRS. PEGGY RUTLEDGE WILWAY, CO. RE: DISABLED EMPLOYEES MRS.' PEGGY RUTLEDGE SPOKE TO COUNCIL ON THE OPERATION OF WILWAY COMPANY, WHO HIRES DISABLED PERSONS TO WORK ON ELECTRONICS, EQUIPMENT REPAIR, ENGRAVING AND MACHINE SHOP WORK AND ASKED.THAT EVERYONE KEEP THE COMPANY IN MIND FOR ANY SUCH SERVICES. SHE STATED THAT IT WAS X NON - PROFIT COMPANY PRIMARILY FOR THE BENEFIT OF THE DISABLED EMPLOYEES. AN OPEN HOUSE AT THE WILWAY COMPANY WAS SCHEDULED FOR.TUESDAY, MAY 13, FROM 1:00 TO 6 :00 P. M. IN COCOA AND EVERYONE WAS INVITED TO ATTEND. AS FOLLOWS: ITEM 2. ORDINANCE 15 -75 ESTABLISHING PENALTIES FOR VIOLATION OF•ORD. WHERE PENALff PROVIDED ST READING MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AN ORDINANCE ESTABLISHING PENALTIES FOR VIOLATION OF ORDINANCES WHERE NO PENALTY IS SPECIFICALLY PROVIDED; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. AS FOLLOWS: ITEM 3. ORD. 10 -75 ESTABLISHING COMPREHENSIVE, ZONING T READING MAYOR MACLAY READ. THE TITLE OF THE ORDINANCE ORDINANCE 10 -75 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF CAPE CANAVERAL, FLORIDA, AND PROVI- DING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT" THEREOF, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, FIRST READING WAS APPROVED. ITEM 4. ORD 14-75 ADOPTING PERSONNEL POLICIES FOR CITY 1ST READING) MINUTES.OF 5/.6%1 PAGE 3 OF 8 MICROFILMED 4 -24 -80 AS FOLLOWS: MRS'. THURM READ THE TITLE OF THE ORDINANCE AN ORDINANCE ADOPTING PERSONNEL POLICIES FOR THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED TO APPROVE FIRST READING. MR. SALVAGGIO SECONDED MOTION. MRS. THURM WENT THROUGH THE PROPOSED CHANGES IN THE ENTIRE PERSONNEL POLICY. IT WAS NOTED THAT JOB DESCRIPTIONS AND PAY SCALES WERE TO BE MADE A PART OF THIS ORDINANCE BEFORE SECOND READING, BY UNANIMOUS VOTE OF COUNCIL, FIRST READING WAS APPROVED. ITEM 5. DISCUSSION RE: SEWER CHARGES ON BASIS OF C.O. MR. SCOTT STATED THAT HE HAD BEEN IN CONTACT WITH THE FISCAL AGENT WHO OPPOSES SUCH ACTION BUT HAD STATED THAT SUCH A CHANGE MUST APPLY TO.ALL SEWER ACCOUNTS AND HAD SUGGESTED A RESOLUTION OF CLARIFICATION. MR. SCOTT IS TO PREPARE A RESOLUTION FOR THE MEETING OF MAY 20. ITEM 6. RESOLUTION*75 -11 ESTABLISHING CITY - NURSERY SOUTH OF POLLUTION CONTROL PLANT MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION ESTABLISHING A CITY NURSERY.; PROVIDING AN EFFECTIVE DATE BY MOTION OF MR. RHAME, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 7. DISCUSSION RE: RETURN OF SECURITY MONEY TO RUBBISHMAN INCORPORATED MR. SCOTT, AFTER REVIEWING THE RUBgISHMAN CONTRACT STATED THAT PART OF THE SECURITY MONEY COULD BE RETURNED AT THIS TIME. MR.' LAVIN, OF RUBBISHMAN, INC., SAID THAT HE WAS REQUESTING THE ENTIRE AMOUNT AND THEREFORE WITHDREW HIS REQUEST STATING THAT THE CITY COULD KEEP THE MONEY IN TRUST UNTIL THE END OF THE CONTRACT. ITEM 8. RESOLUTION 75w-12 APPOINTMENT OF PLANNING & ZONING BOARD MEMBER. AND ALTERNATES pjXtum & ZONING :•• •r RECON4MATIONS FOR THE POSITIONg LVORRICOVEy r • «� MINUTES OF 5/6/75 PAGE 4 OF 8 - MAYOR MAMM READ L=M FROM FIVE APPLICANTS: GEORGE W=VER, JAMES RICKMAj MU= MA'ITILA, FRANK CARUSO AND MRS. VERN BOYD. MR. NICHOLAS MOVED TO PLACE ALL THE NAMES IN C? NOMINATION FOR THE APPOINTMENT AS REGULAR MEMBER. VOTE 0 .O 'n WAS UNANIMOUSLY IN FAVOR OF MR. WOLEVER. MR. NICHOLAS MOVED TO PLACE THE REMAINING in NAMES IN NOMINATION FOR FIRST ALTERNATE. VOTE WAS UNANIMOUS FOR MR. PETERMAN. IV � MR. NICHOLAS MOVED TO PLACE THE REMAINING THREE 00 0 NAMES IN NOMINATION FOR SECOND ALTERNATE. VOTE WAS AS FOLLOWS: MAYOR MACLAY, MR. RHAME AND MR. SALVAGGIO VOTED IN FAVOR OF MR. RICKMAN. MR. NICHOLAS AND MRS. THURM VOTED IN FAVOR OF MR. CARUSO. MRS. THURM MOVED THAT THE RECORDS SHOW A UNANIMOUS VOTE FOR MR. RICKMAN. MR. RHAME SECONDED THE MOTION® MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED THAT.THE MAYOR WRITE LETTERS OF APPRECIATION TO THE OTHER APPLICANTS THANKING THEM FOR THEIR INTEREST IN SERVING THE CITY* MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD, APPOINTING FIRST ALTERNATE AND SECOND ALTERNATE MEMBER; PROVIDING AN EFFECTIVE DATE, INSERTING THE NAMES OF MR. WOLEVER AS REGULAR MEMBER, MR. PETERMAN AS FIRST ALTERNATE AND MR. RICKMAN AS SECOND ALTERNATE. BY MOTION OF.MR.S. THURM, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE® THE RESOLUTION WAS ADOPTED. ITEM-9. RESOLUTION 75 -13 APPOINTMENT OF ELECTION BOARD MEMBERS THE MAYOR READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING AN ELECTION BOARD FOR THE GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE. ' BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED NAMING THE ELECTION BOARD FOR THE 1975 ELECTION. ITEM 10. DISCUSSION RE: TOWING PROBLEM SEVERAL LETTERS REGARDING THIS ISSUE BETWEEN THE CITY MANAGER AND THE OWNERS OF TRI -COR SERVICE STATION WERE READ AS WELL AS A REPORT ON THE INCIDENT BY MRS. THURM. MINUTES OF 5/6/75 PAGE 5 OF 8 miCR®FILMED 4-24-80 , MRS. THURM STATED THAT HER MAIN COMPLAINT WAS THE CHARGE FOR STORAGE OF AN IMPOUNDED CAR ON A "CALENDAR - DAY "BASIS. IT WAS HER FEELING, AFTER TALKING TO OTHER CITIZENS AND BUSINESSES, THAT THIS CHARGE WAS UNFAIR TO THE PUBLIC AND THAT THE.CITY HAD AN OBLIGATION TO ITS CITIZENS TO AT LEAST LOOK INTO THE MATTER OF RATES. MR. BUDESA, OWNER OF TRI -CORP STATED THAT THE REASON FOR THEIR EXTRA CHARGE WAS THAT THEIR STORAGE AREA WAS LIGHTED AND LOCKED AND THEY FELT THAT THIS WARRANTED AN EXTRA CHARGE. AFTER MUCH DISCUSSION, IT WAS THE FEELING OF COUNCIL THAT THE CITY MANAGER COULD WORK OUT THIS PROBLEM BY TALKING TO PARTIES OFFERING TOWING SERVICE AND AGREEING ON AN EQUITABLE SCHEDULE OF RATES. ITEM 11. DISCUSSION ON COMPLAINT FORMS MR. FRANCIS STATED THAT THE COMPLAINT FORMS, AS REQUIRED NOW, WERE TOO CUMBERSOME'. IT WAS DETERMINED THAT THE CITY MANAGER WOULD SET UP THE PROCEDURE ON COMPLAINT FORMS. __ - AT THIS TIMEFDUE TO OTHER BUSINESS OBLIGATIONS, M.R. SALVAGGIO LEFT THE MEETING AT 11:07 P. M. ITEM 12. REPORT BY CITY MANAGER ON ACTIONS TAKEN ON COMPLAINTS MR. FRANCIS READ THE COMPLAINTS RECEIVED TO THIS DATE FROM CITIZENS AND EXPLAINED THE ACTION TAKEN ON EACH COMPLAINT. FURTHER ACTION WAS PENDING OR THE COMPLAINT REGARDING CLEARING OF PROPERTY ON THE CORNER OF POINSETTA AND FILLMORE AVENUES. MR. FRANCIS WAS INSTRUCTED TO ORDER THE OWNER TO HAVE THE PROPERTY CLEARED OF DEBRIS BY NOON ON WEDNESDAY, MAY 7, OR IMMEDIATELY FILE A COMPLAINT WITH THE POLICE DEPARTMENT FOR POLICE ACTION. ITEM 13. DISCUSSION RE: SIGN REMOVAL MAYOR MACLAY QUESTIONED THE BUILDING OFFICIAL REGARDING REMOVAL OF CAMPAIGN THE ACTION. MR. ALLEN STATED REMOVED, WERE IN VIOLATION OF AND IT WAS HIS OBLIGATION TO STATED THAT THE SIGNS WERE IN AND COULD BE PICKED UP BY THE SIGNS AND REASONS FOR THAT THE SIGNS, WHICH WERE THE SIGN ORDINANCE REGULATIONS REMOVE THEM. HE FURTHER THE POSSESSION OF THE CITY OWNERS. MINUTES OF 5/6/75 PAGE 6 OF 8 AS FOLLOWS: MICROFILMED 4-24 -80 ITEM 1.4, ORDINANCE 16 -75 AMEND. RULES OF PROCEDURB `1ST READING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO 5-73, AS AMENDED, BY AMENDING THE RULES OF PROCEDURES FOR THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA$- BY PROVIDING FOR TIME CHANGE FOR PLACING ITEMS ON THE AGENDA. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR AN EFFECTIVE DATE, BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE OF COUNCIL, FIRST READING WAS APPROVED. ITEM 15. REPORT ON "CRIME IN FLORIDA" MAYOR MACLAY HAD PREPARED A CONDENSED REPORT TAKEN FROM A RECENT PUBLICATION BY THE STATE. HE READ THIS REPORT TO COUNCIL AND DISCUSSION FOLLOWED ON THE NEED AND MEANS OF BRINGING DOWN THE CRIME RATE IN THE CITY. TIM. ITEM 16. * 'SYNOPS'I *9 'OF MINUTES 'OF 'CITY 'BOARDS THERE WERE NO MINUTES TO BE REPORTED ON AT THIS MAYOR MACLAY ASKED THAT A POLICE REPORT AND A REPORT ON THE SOUTHERN STANDARD HOUSING CODE INSPECTIONS BE PREPARED FOR THE MEETING OF MAY 20. THE BUILDING OFFICIAL AND MR, FEILTEAU, FROM POLLUTION CONTROL PLANT, BROUGHT TO COUNCIL'S ATTENTION A SERIOUS REPAIR PROBLEM AT THE POLLUTION CONTROL PLANT WHICH WAS OF AN EMERGENCY NATURE FOR THE HEALTH AND WELFARE OF THE CITIZENS. THE COST ON THIS EMERGENCY REPAIR WAS ANTICIPATED TO RUN POSSIBLY UP TO $5,000.00. DUE TO REGULATIONS IN THE CITY CHARTER REGARDING EXPENDITURES IN THIS AMOUNT, MR. NICHOLAS MOVED TO ADD AN ITEM TO THE AGENDA AUTHORIZING EXPENDITURES TO MAKE THE REPAIRS AT THE PLANT WITHOUT ADVERTISING FOR BIDS. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. EXPENDITURES AT POLLUTION CONTROL FACILITY MR. NICHOLAS MOVEh THAT THE POLLUTION CONTROL FACILITY SPEND THE NECESSARY MONEY TO EFFECT REPAIRS NOT TO EXCEED $5,000.00 AND WITHOUT COMPETITIVE BIDS. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MINUTES OF 5/6/75 A r_L+ -f rn.%% 0 MICROFILMED 1 BY MOTION OF MRS. THURM, SECONDED BY MAYOR MACLAY, THE MEETING WAS ADJOURNED AT 1:15 A. M. APPROVED THIS 13 DAY OF MAY, 1975. AMA' IN 0-,- -- 0, =- r MINUTES OF 5/6/75 PAGE. 8 OF 8