HomeMy WebLinkAbout11-25-1975 Regular Meeting' MICROFILMED 4 -24 -80
REGULAR MEETING
i CITY COUNCIL
NOVEMBER 25, 1975
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A REGULA ETING OF fPH-- CITY COUNCIL OF THE
CITY OF CAPE CANAVE WAS -HELD dN NOVEMBER 25, 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 BY THE CITE€ 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. FRANCISo ASSISTANT CITY ATTORNEY RICHARD F. SCOTT,
CITY CLERK ANITA J. OSTROM.
THE MINUTES OF NOVEMBER 18 WERE APPROVED AS CORRECTED.,
UNFINISHED BUSINESS
ITEM 6. SEWER 'RATE -STUDY BRILEY, WILD & ASSOCIA:TES
MR. STEVE.THAYER, OF BRILEY, WILD & ASSOCIATES, WAS
PRESENT -AND REPORTED TO COUNCIL ON A MEETING HE HAD ATTENDED
AT THE PORT AUTHORITY REGARDING THE CAPACITY OF THE CITY'S SEWER
PLANT IN RELATION TO THE PORT INPUT. HE STATED THAT THE PORT
AUTHORITY HAD ASKED THAT THEY BE ABLE TO SUBMIT MORE DATA
REGARDING THEIR CONTRIBUTORS TO THE PLANT PRIOR TO ANY FURTHER
NEGOTIATIONS WITH THE CITY. HE STATED THAT ANY NEW RATES ABOVE
125 PERCENT OF CITY RATES WOULD REQUIRE AN ENGINEERING STUDY,
PUBLIC HEARING AND NEGOTIATIONS ON OR BEFORE APRIL 1976 AND IT
WOULD BE NECESSARY TO DETERMINE WHAT THE PORT IS CONTRIBUTING
TO THE PLANT TREATMENT PROCESS. HE SUGGESTED THAT THE CITY WAIT`
FOR A PORT STUDY OR A SAMPLING STUDY WOULD BE NECESSARY WHICH
WOULD BE EXPENSIVE. A PERMANENT METERING AND SAMPLING SYSTEM
WOULD COST $15,000 TO'$20,000. MR. FRANCIS IS TO ATTEND A MEETING
AT THE PORT AUTHORITY ON WEDNESDAY, NOVEMBER 26 FOR FURTHER
DISCUSSION ON THE PROBLEM.
RECREATION BOARD, RE: DISCUSSION RECONS- IDERATION OF CETA EMPLOYEE
MR. FRANCIS EXPLAINED TO COUNCIL THAT THE RECREATION
BOARD UNANIMOUSLY AGREED THAT THE COMPLEX SHOULD HAVE AN EMPLOYEE
MICROFILMED 4 -24 -80
ON DUTY AT ALL TIMES. THE BOARD REQUESTED THAT A CETA
EMPLOYEE FILL THIS POSITION OR, IF POSSIBLE, TWO CETA EMPLOYEES.
IT WAS THE BOARD'S FEELING THAT THE COMPLEX SHOULD BE PROTECTED
WHILE OPEN TO THE PUBLIC. MR. RHAME MOVED THAT THE COUNCIL
RECONSIDER THEIR POSITION ON REPLACING CETA EMPLOYEES WHO LEAVE
THE CITY'S EMPLOY. MR. SALVAGGIO SECONDED MOTION. VOTE WAS
AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO, OPPOSED, MAYOR
MACLAY, MR. NICHOLAS AND MRS. THURM. MOTION FAILED.
UNFINISHED BUSINESS
ITEM 1. LIBRARY BUILDING DISCUSSION
MAYOR MACLAY READ A LETTER FROM MRS. SANDERS, CITY.
LIBRARIAN, WHICH EXPLAINED THAT THE STATE GRANTS AVAILABLE FOR
LIBRARY BUILDINGS WOULD BE ON A 50 /50-BASIS INCLUDING LAND
AND BUILDING.
0
MR. RHAME MOVED TO POSTPONE DISCUSSION INDEFINITELY
ON THE LIBRARY BUILDING UNTIL THE CITY GETS A BETTER HAND IN
THE PRESENT FINANCIAL CRISIS. MR. SALVAGGIO SECONDED MOTION.
VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND
MRS. THURM, OPPOSED, MAYOR MACLAY AND MR. NICHOLAS. MOTION
CARRIED.
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ITEM 2. RESOLUTION NO. 75 -49 LIBRARY BOARD APPOINTMENTS
MAYOR MACLAY READ LETTERS FROM THE FOUR APPLICANTS
MRS. SENIOR, MRS. GOFF, MRS. KERWIN AND MR. CARUSO. MRS. THURM
TOLD COUNCIL THAT THE LIBRARY BOARD HAD RECOMMENDED MRS. GOFF
AND MRS. SENIOR. MR. SALVAGGIO PLACED ALL NAMES IN NOMINATION.
COUNCIL WAS POLLED ON THEIR CHOICE FOR A MEMBER WHOSE TERM WOULD
EXPIRE IN 1977, AS FOLLOWS:
MAYOR MACLAY -
MR. NICHOLAS -
MR . RHAME -
MR. SALVAGGIO -
MRS. THURM -
MRS-. GOFF
MRS. GOFF
MRS. KERWIN
MRS. KERWIN
MRS. GOFF
MRS. GOFF WAS CHOSEN FOR THE TERM. MRS. KERWIN
WAS CHOSEN UNANIMOUSLY FOR THE TERM TO EXPIRE IN 1976.
MAYOR MACLAY READ THE RESOLUTION ENTITLED:
A RESOLUTION ELECTING MEMBERS TO THE
LIBRARY BOARD; PROVIDING AN EFFECTIVE DATE.
BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO
AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED.
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ITEM 3. RESOLUTION 75 -50 COUNCIL AREAS OF INTEREST
THE CITY._ATTORNEY STATED THAT_THIS CHANGE COULD
BE MADE BY MOTION. BY MOTION OF MR. SALVAGGIO, SECONDED BY
MAYOR MACLAY AND UNANIMOUS VOTE, MR. NICHOLAS WAS GIVEN THE
PLANNING AND ZONING BOARD AS HIS ADDITIONAL AREA OF INTEREST.
ITEM 4. COUNCIL AUTHORIZATION RE: KING MOTOR .CENTER:
INVOICES #1128 ANDJ1144
BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO
AND UNANIMOUS VOTE, THIS ITEM WAS POSTPONED.
ITEM 5. TYPING AND INDEXING ZONING'ORDINANCE AND
I - NGREMRN WITH C55ITY FOR
MAMMON CT ON SERVICES
MR. FRANCIS READ AN AGREEMENT NEEDED BY THE COUNTY
FOR ANY REPRODUCTION SERVICES. DISCUSSION FOLLOWED ON THE
BEST AND MOST REASONABLE METHOD FOR THE REPRODUCTION OF THE
ZONING..ORDINANCE._AND CODE. CITY HALL PERSONNEL WILL BE DOING:
THE TYPING AND POSSIBLY THE REPRODUCTION WILL BE DONE UNDER AN
AGREEMENT WITH XEROX CORPORATION. MRS. THURM STATED THAT
ASR.. ED BALOUGH HAD OFFERED TO INDEX THE NEW ZONING ORDINANCE.
DISCUSSION OF REPRODUCTION SERVICES WILL BE ON THE NEXT AGENDA.,
ITEM 7. REPORT RE: CIVIL SERVICE STATUS CITY
EMPLO EES
MR. NICHOLAS DISCUSSED THE COMPARISON OF THE CITY'S
PERSONNEL POLICY AND ADMINISTRATIVE REVIEW ORDINANCE IN
COMPARISON TO CIVIL SERVICE STATUS FOR THE EMPLOYEES. IT
WAS DETERMINED THAT THERE WOULD BE VERY LITTLE ADVANTAGE IN
MAKING A CHANGE AT THIS TIME.
ITEM S. DISCUSSION: AD VALOREM TAX REFERENDUM .
MR. NICHOLAS STATED THAT IT WAS HIS INTENTION TO
PROPOSE A NEW REFERENDUM FOR AD VALOREM TAXES DURING THE
FISCAL YEAR FOR THE SOLE PURPOSE OF FUNDING THE POLICE DEPART-
MENT . HE FELT ,THAT THIS - ,SHOUI;D BE AN ANNUAL REFERENDUM
POSSIBLY WITH THE CITY'S REGULAR ELECTION TO GIVE THE PEOPLE
AN OPPORTUNITY TO SHOW COUNCIL THE DEGREE OF SERVICES THEY
CHOOSE TO HAVE PROVIDED. DISCUSSION FOLLOWED ON THE FEASIBILITY
AND IMPACT OF THIS PROPOSAL. NO ACTION TAKEN. THIS ITEM TO
BE ON DECEMBER 16 AGENDA.
ITEM 9. ORDINANCE 27 -75 COMMERCIAL DEVELOPMENT
BOARD - SCOPE OF DUTIES ND LNG
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MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO. 17 -75, WHICH
ORDINANCE ESTABLISHED A COMMERCIAL DEVELOPMENT
BOARD BY MODIFYING THE SCOPE OF DUTIES OF SAID
BOARD: RAOVIDING -AN EFFECTIVE DATE-,
BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME
AND UNANIMOUS VOTE, ORDINANCE WAS ADOPTED.
NEW BUSINESS
ITEM 1. COUNCIL AUTHORIZATION RE: HIRING OF
BUILDING OFFICIAL
MR. RHAME MOVED THAT THE CITY MANAGER BE AUTHORIZED
TO HIRE A BUILDING OFFICIAL FOR 20 HOURS PER WEER AT AN ANNUAL
SALARY OF $6,000.00. MR. SALVAGGIO SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 2. DISCUSSION: SEWER RATES CANAVERAL TOWNEHOUSEc
MRS. THURM READ A LETTER FROM VIRGINIA• VALLUZZI,
OWNER OF CANAVERAL TOWNEHOUSES, WHICH ARE BEING RENTED-IN
ANTICIPATION OF SELLING. MRS. THURM EXPLAINED THE SIMILARITY
BETWEEN THESE TOWN''HOUSES AND CONDOMINIUMS AND SUGGESTED THAT
THEY BE GIVEN RELIEF ON SEWER CHARGES. MRS. THURM MOVED-THAT
ALL RENTAL TOWN .HOUSES BE BILLED AS CONDOMINIUMS.. MR. RHAME
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY,
ITEM 3. AGREEMENT WITH PATRICK AIR FORCE BASE FOR
. MUTUAL AID IN FIRE PROTECTION.
MR. RHAME MOVED THAT THE AGREEMENT BE APPROVED
SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY. THE
MOTION WAS SECONDED BY MR. SALVAGGIO. MOTION CARRIED UNANIMOUSLY.
ITEM 4. COUNCIL AUTHORIZATION RE: BICENTENNIAL AD
MR. FRANCIS EXPLAINED THAT THE COUNTY BICENTENNIAL
COMMITTEE WAS SPONSORING A NEW YEAR'S EVE DANCE AND WAS
SOLICITING ADS FOR THE PROGRAM. MR. SALVAGGIO MOVED THAT THE
CITY PURCHASE A $15.00 QUARTER —PAGE AD.
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 5. BUDGET REVIEW
MR. NICHOLAS SECONDED
MR. SALVAGGIO MOVED THAT THIS ITEM BE POSTPONED
TO THE NEXT AGENDA WHEN THE AUDITORS' REPORT WOULD BE READ.
MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN
FAVOR, MR. NICHOLAS, MR. SALVAGGIO AND MRS. THURM,, OPPOSED
MAYOR MACLAY AND MR. RHAME. MOTION CARRIED.
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ITEM 6. DISCUSSION RE: RUBBISHMAN CONTRACT COMPLIANCE
MAYOR MACLAY NAMED SEVERAL ITEMS PERTAINING PRIMARILY
TO CONTAINERS - IN � WHI- ,°HE, -FELT THL-- RUBBIlSHMAN "WAS NOT - COMPLYING
WITH HIS CONTRACT. MAYOR MOVED THAT THE CITY MANAGER INVESTIGATE.
- -1--
THESE POSSIBLE VIOLATIONS AND REPORT BACK TO COUNCIL IN TWO WEEKS.
MR. NICHOLAS SECONDER THE MOTION. VOTE WAS AS FOLLOWS: IN
FAVOR, MAYOR MACLAY, MR. NICHOLAS, MR. SALVAGGIO AND MRS. THURM.
OPPOSED, MR. RHAME. MOTION CARRIED.
ITEM 7. UNDER -AGE PATRONS AT BARS
THE MAYOR STATED THAT A '17 -YEAR OLD HAD RECENTLY
BEEN SHOT AT GEORGE'S RESTAURANT AND QUESTIONED WHAT WAS BEING
DONE TO PREVENT UNDER -AGE PATRONS IN PLACES SERVING ALCOHOLIC
BEVERAGES. IT WAS BROUGHT OUT THAT MUCH OF THE PROBLEM WAS
DUE TO.THE EASY ACQUISITION OF FALSE IDENTIFICATIONS. *THE
MAYOR ASKED THAT THE CHIEF OF POLICE REPORT TO COUNCIL IN TWO
WEEKS ON THIS SUBJECT.
ITEM 9. RECONSIDERATION OF MR. HOOGIS REQUEST FOR
STREET L GH S IN COC A.PALMS T LER MOM
THE CITY ATTORNEY TOLD COUNCIL HE WAS NOT FULLY
PREPARED TO GIVE A LEGAL OPINION ON THIS SUBJECT AT THIS TIME.
MRS. THURM MOVED TO POSTPONE THE ITEM UNTIL NEXT WEEK. MR.SALVAGGIO
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 8. COUNCIL AUTHORIZATION RE: PAYMENT OF
RUBBISHMAN LAND DUMPING FEE INCREASES
COUNCIL ASKED THAT THE CITY MANAGER DETERMINE
RUBBISHMANS ACTUAL CHARGES FROM THE COUNTY FOR DUMPING FEES
BEGINNING WITH THE FIRST $400.00 PAYMENT TO RUBBISHMAN FOR
DUMPING FEES. MR. RHO MOVED TO POSTPONE THE ITEM UNTIL '
MR. FRANCIS COULD FURNISH THIS ADDITIONAL DATA. MRS. THURM
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
DISCUSSION ITEMS
MR. FRANCIS SHOWED COUNCIL A PLAQUE AWARDED TO
THE POLICE DEPARTMENT BY THE KNIGHTS OF COLUMBUS.
MR. NICHOLAS QUESTIONED AN ITEM IN MR, FRANCIS'
ACTIVITY REPORT REGARDING STREET SIGNS AND RE- SURFACING.
MR. FRANCIS BROUGHT OUT THE.PBA COMPLAINT WITH
PERC. THE CITY ATTORNEY ASKED THAT MR. FRANCIS REPLY TO
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PERC BY LETTER INDICATING THE CITY'S WILLINGNESS TO RE-
NEGOTIATE.
MR. RHAME READ A BEAUTIFICATION BOARD REPORT
REGARDING -TR8 PROGRE $ ON LANDSCAPING AT THE RECREATION
COMPLEX. HE STATED THAT THERE WOULD BE BICENTENNIAL
PARTICIPATION IN THE RECREATION COMPLEX DEDICATION.
MR. SCOTT ANNOUNCED AN UP- COMING WORKSHOP OF
THE BOARD OF ADJUSTMENT REGARDING THE PUERTO DEL SOL RPUD.
MR. MEEKS, OF THE BICENTENNIAL COMMITTEE, ASKED
FOR COUNCIL'S PERMISSION TO HOLD A TURKEY SHOOT FROM NOW
UNTIL CHRISTMAS FOR THE PURPOSE OF RAISING FUNDS FOR A 4TH
OF JULY PARADE AND CELEBRATION. THE CITY ATTORNEY IS TO
FURNISH AN OPINION ON THIS ITEM FOR THE NEXT AGENDA.
BY MOTION OF MRS. THURM, SECONDED BY MR. RHAME,
MEETING ADJOURNED AT 11:25 P.M.
APPROVED THIS 2 DAY OF DECEMBER , 1975.
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