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HomeMy WebLinkAbout12-02-1975 Regular MeetingMICROFILMED 4.24.80 REGULAR MEETING CITY COUNCIL DECEMBER 21 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON DECEMBER 2, 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 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, CITY ATTORNEY STANLEY WOLFMAN, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS CHIEF TWEED. THE MINUTES OF NOVEMBER 25 WERE APPROVED AS READ. 1974 -75 AUDIT REPORT - DOBSON, JONES AND BJERNING CERTIFIED PUBLIC ACCOUNTANTS MR. RON JONES,OF DOBSON, JONES AND BJERNING, WENT ". OVER THE 1974 -75 AUDIT REPORT EXPLAINING THE NEW REPORTING REQUIREMENTS REGARDING ACCRUALS AND THE REASON FOR THE DEFICIT AS SHOWN IN THE BUDGET. HE OFFERED COMMENTS ON THE CITY'S FINANCIAL STATUS AND HIS SUGGESTION FOR ALLEVIATING THE CASH PROBLEM OF THE CITY. MR. RHAME MOVED THAT THE CITY ACCEPT THE AUDIT REPORT AND THANKED THE AUDITORS FOR A GOOD JOB. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. DISCUSSION: REPRODUCTION OF ORDINANCES AND MR. RHAME TOLD COUNCIL THAT HE HAD BEEN UNABLE TO WORK OUT A PLAN OF REPRODUCTION WITH THE XEROX COMPANY AND THAT THE CITY WOULD HAVE TO FIND ANOTHER WAY OF REPRODUCING THESE ITEMS. MR. WOLFMAN SUGGESTED THAT THE ITEM BE POSTPONED UNTIL OTHER METHODS COULD BE DISCUSSED. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THIS ITEM WAS POSTPONED FOR TWO WEEKS. MICROFILMED 4.24.80 ITEM 2. BUDGET REVIEW THE CITY AUDITOR WAS ASKED FOR HIS SUGGESTION FOR THE BEST POSSIBLE METHOD OF RAISING ADDITIONAL INCOME. IT WAS HIS OPINION THAT GARBAGE FEES TO THE CUSTOMER WOULD BEST SERVE THE PURPOSE OF GETTING THE CITY ON A BETTER FINANCIAL BASIS. MR. WOLFMAN STATED THAT THE AD VALOREM TAX COULD BE RETAINED FOR GENERAL FUND OPERATION. MR. SALVAGGIO MOVED THAT A $1.50 l GARBAGE CHARGE PER LIVING UNIT PER MONTH BE LEVIED IN ADDITION TO THE 3 MILLS WITH AN EQUITABLE FEE FOR COMMERCIAL ACCOUNTS. MR. RHAME SECONDED THE MOTION. AFTER DISCUSSION, VOTE WAS AS FOLLOWS: IN FAVOR, MR. SALVAGGIO, OPPOSED MAYOR MACLAY, MR. NICHOLAS, MR. RHAME AND MRS. THURM. MOTION FAILED. MR. SALVAGGIO MOVED THAT THE CITY ELIMINATE THE 3 MILLS AS, OF JANUARY 1, 1976 AND GO TO INDIVIDUAL GARBAGE BILLING. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. SALVAGGIO, OPPOSED, MAYOR MACLAY, MR. NICHOLAS, MR. RHAME, M. MR M. MOTION.FAILED. MR. RHAME MOVED THAT THE COUNCIL DIRECT ONE MEMBER (AND OFFERED HIS SERVICES) TO COME UP WITH A NEW SEWER FEE STRUCTURE INCLUDING PRESENT COST OF OPERATION AND BOND RE- TIREMENT AND INCLUDING ADDITIONAL FUNDS OF $50,000 TO BE COLLECTED STARTING JANUARY 1, 1976 TO THE END OF THE FISCAL YEAR. MR. NICHOLAS SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME AND MRS. THURM, OPPOSED, MAYOR MACLAY, MR. NICHOLAS AND MR. SALVAGGIO. MOTION FAILED. MR. RHAME MOVED THAT A FEE SCHEDULE BE DESIGNED TO RAISE AN ADDITIONAL $50,000 BETWEEN JANUARY 1, AND SEPTEMBER 30, 1976 TO BE APPLIED UNDER THE TERM OF ADDITIONAL GARBAGE COST AND TO BE IMPLEMENTED BETWEEN NOW AND JANUARY 1. MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS, FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND MRS. THURM; OPPOSED, MAYOR MACLAY AND MR. NICHOLAS. MOTION CARRIED. MRS. THURM MOVED THAT IN THE ALTERNATE BUDGET THE INCOME ITEM "INCOME FROM SEWER"BE REDUCED BY $50,000 AND THAT A NEW INCOME ITEM BE ADDED NAMED",QMAGE FEE REVENUE "OF $50,000. 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. MRS. THURM MOVED THAT MR. RHAME BE REQUESTED COUNCIL MINUTES 12 -2 -75 PAGE 2 OF 5 MICRDFILVED 4.24 -80, TO COME UP WITH A SCHEDULE OF FEES FOR GARBAGE CUSTOMERS: MR. SALVAGGIO SECONDED. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED MAYOR MACLAY AND MR. NICHOLAS. MOTION CARRIED. ITEM 3. AUTHORIZATION FOR RURRISHMAN'DUMPING FEES MR. RHAME REVIEWED FIGURES ON DUMPING COSTS TO RUBBISHMAN AND MOVED THAT THE OCTOBER FEE, AND ON-A MONTHLY BASIS, BE COMPUTED BY SUBTRACTING $400.00, MULTIPLYING THE - BALANCE BY 95 PERCENT, TO ARRIVE AT AN INCREASED FEE BEGINNING OCTOBER 1, 1975. MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MR. HOOG'S REQUEST RE: STREET LIGHTS- 'IN MR. WOLFMAN STATED THAT HE HAD FOUND NOTHING TO PROHIBIT COUNCIL APPROVAL BUT ENVISIONED SOME PROBLEMS SUCH AS BILLING, UTILITY TAX COLLECTION, POSSIBILITY OF LIABILITY TO THE CITY AND POSSIBLY SETTING A PRECEDENT FOR OTHER BUSINESSES. AFTER SOME DISCUSSION, MRS. THURM MOVED THAT THE CITY ACT ON MR. HOOG'S REQUEST AND GIVE APPROVAL FOR HIM TO PROCEED ON A CONTRACT BASIS WITH THE CITY. MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MAYOR MACLAY AND MR. RHAME. MOTION CARRIED. NEW BUSINESS ITEM 1. DISCUSSION RE: REVISION SEWER RATES RENTAL TRAILERS MR. SALVAGGIO MOVED THAT THE RATES FOR RENTAL TRAILERS ON PRIVATE LOTS BE MADE THE SAME AS TOWN HOUSES. MRS. THURM L SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MAYOR MACLAY, MR. NICHOLAS AND MR. RHAME. MOTION FAILED. NO FURTHER ACTION ON THIS ITEM. ITEM 2. REPORT ON WATER CONSUMPTION FIGURES THE CITY CLERK PRESENTED SOME FIGURES TO COUNCIL COMPARING LOCAL WATER RATES WITH CITY SEWER BILLINGS. DISCUSSION FOLLOWED REGARDING A PLAN OF CHANGING THE CITY SEWER RATES TO INCLUDE A MINIMUM RATE TO COVER COST OF RETIRING THE BONDS AND A PERCENTAGE OF WATER CONSUMPTION TO COVER OPERATION OF THE PLANT. MR. SALVAGGIO MOVED THAT MR. RHAME BE ASKED TO MAKE A STUDY TO COME UP WITH A NEW RATE STRUCTURE FOR ALL SEWER ACCOUNTS, COUNCIL MINUTES 12 -2 -75 PAGE 3 OF 5 MICROFILMED 4 -24 -80 MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. PERMISSION FOR TURKEY SHOOT FOR BICENTENNIAL COMMITTEE MR. WOLFMAN STATED THAT HE SAW NO PROBLEM IF THE CITY'S LIABILITY INSURANCE WOULD COVER ANY INJURY THAT MIGHT BE INCURRED AND IF CONDUCTED UNDER THE CLOSE SCRUTINY OF THE POLICE DEPARTMENT. IT WAS BROUGHT OUT THAT THE CITY'S ORDINANCE PROHIBITING THE USE OF FIRE ARMS WITHIN THE CITY HAD BEEN REPEALED. THIS TURKEY SHOOT TO BE HELD ON PRIVATE PROPERTY IMMEDIATELY NORTH OF THE CAMELOT INN. MR. NICHOLAS MOVED THAT THE BICENTENNIAL COMMITTEE BE AUTHORIZED TO HOLD A TURKEY SHOOT EACH WEEKEND UNTIL THE END OF THIS YEAR PROVIDING THE CITY MANAGER BE FURNISHED WRITTEN PERMISSION FROM THE OWNER OF THE PROPERTY AND THAT THE CITY INSURANCE WOULD COVER ANY LIABILITY. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MACLAY MOVED TO ADD AN ITEM TO THE AGENDA CONCERNING A DECISION OF THE BOARD OF ADJUSTMENT REGARDING MATERIALS ON PROP- ERTY ACROSS FROM THE APOLLO APARTMENT AND REFUSAL OF THE OWNER TO REMOVE THIS MATERIAL. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS BROUGHT OUT THAT THE PROBLEM WAS THAT THE OWNER OF THE MATERIAL INVOLVED WAS NOW THE TEMPORARY BUILDING OFFICIAL OF THE CITY AND COULD CAUSE A PROBLEM IN EN- FORCING THE ZONING ORDINANCE. MR. FRANCIS STATED THAT MR. MORGAN HAD ALREADY RESIGNED FROM THIS POSITION. MR. FRANCIS WAS ASKED TO RESPOND BY PERHAPS ALLOWING SOME MORE TIME FOR THE REMOVAL OF THIS MATERIAL BEFORE ANY PROSECUTION PROCESS. NO FURTHER ACTION ON THIS ITEM. DISCUSSION ITEMS MR. FRANCIS ANNOUNCED THAT MR. JACK HURCK WOULD BE HIRED TO ACT AS A TEMPORARY BUILDING OFFICIAL. HE-ALSO TOLD COUNCIL OF AN ACCIDENT WITH THE CITY BACKHOE WHICH HE WOULD BE INVESTIGATING. HE STATED THAT NO DAMAGE WAS DONE TO THE EQUIPMENT. MRS. THURM GAVE A REPORT ON A RECENT MEETING WITH THE PORT AUTHORITY AND A REPORT ON THE ZONING BOARD MEETING OF NOVEMBER 26, STATING THAT GEORGE WOLEVER WAS MADE CHAIRMAN OF THE BOARD AND VERNON PETERMAN VICE CHAIRMAN. SHE ALSO ANNOUNCED A BOARD OF ADJUSTMENT HEARING TO BE HELD ON JANUARY 12 ON THE FIRST INTERSTATE COUNCIL MINUTES 12 -2 -75 PAGE 4 OF 5 MICROFILMED 4 -24.80 PUERTO DEL SOL PROJECT. MR. RHAME TOLD COUNCIL THAT THE RECREATION COMPLEX WAS CLOSE TO COMPLETION WITH THE LANDSCAPING AND SPRINKLER SYSTEM COMPLETED, FINAL INSPECTION OF THE CONTRACTORS' WORK TO BE AT 1:00 P.M. ON THURSDAY, DECEMBER 4 AND DEDICATION NOW SET FOR DECEMBER 20. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME, MEETING ADJOURNED AT 11:20 P.M. APPROVED THIS 97H DAY OF DECEMBER , 1975. TY CLERK COUNCIL MINUTES 12 -2 -75 PAGE 5 OF 5