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Home My WebLink About07-20-1976 Regular MeetingI 1 i i MICROFILMED 4.24 -80 REGULAR MEETING' CITY COUNCIL JULY 20, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JULY 20, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P. M. BY MAYOR LEO C. NICHOLAS. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR L.C. NICHOLAS, COUNCIL MEMBERS F.M. HOOG, J.L. MURPHY, G.J. SALVAGGIO AND MRS. ANN THURM; CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS VIRGIL FITCH. THE MINUTES OF THE JULY 13 MEETING WIRE APPROVED AS READ. THE TREASURER'S REPORT WAS APPROVED FOR AUDIT. MAYOR NICHOLAS RECOGNIZED MR. BUCHANAN,OF MACMILLAN, BUCHANAN & KELLY INSURANCE AGENCY.. WHO WAS IN ATTENDANCE, TO EXPLAIN TO COUNCIL THE BILLING OF $16,035 FOR WORKMEN'S COMPENSATION PREMIUM AND POSSIBLE MEANS OF FINANCING PAYMENT. HE SUGGESTED THAT THE CITY CONSIDER A SAFETY PROGRAM TO CUT DOWN ACCIDENTS IN ORDER TO KEEP THE WORKMEN'S COMPENSATION RATES AT A LOWER LEVEL.. MR. BUCHANAN TOLD COUNCIL THAT THE CITY ADMINISTRATION HAD BEEN ABLE TO GET-A--COMMITMENT FROM THE FIRST NATIONAL BANK OF CAPE CANAVERAL TO FINANCE THE INSURANCE PREMIUM OVER A 10 -MONTH PERIOD AT 5 1/2 PERCENT INTEREST RATE. MR. HOOG MOVED TO ADD AN ITEM TO THE AGENDA FOR FINANCING OF THE WORKMEN..'S COMPENSATION INSURANCE. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MRS. THURM MOVED TO AUTHORIZE THE CITY MANAGER OR CITY CLERK TO NEGOTIATE A CONTRACT WITH THE LOCAL BANK PAYING 20 PERCENT DOWN AND SUBSEQUENT FINANCING ON THE BALANCE. MR. MURI5HY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. CONSIDERATION OF REVOKING TAXI CAB LICENSE OF COCOA. BEACH CAB COMPANY MR. ROSS, OF COCOA BEACH CAB COMPANY, TOLD COUNCIL THAT HE WAS IN THE PROCESS OF COMPLYING WITH THE ORDINANCE. SERGEANT `a MICROF1UPED 4- 2480 FITCH STATED THAT THREE CABS HAD BEEN INSPECTED AND TWO DRIVERS PROCESSED BUT THE PAPER WORK VERIFYING THIS HAD NOT BEEN RE- CEIVED IN CITY HALL. SINCE MR. ROSS WAS ATTEMPTING TO COMPLY WITH ALL REGULATIONS OF THE ORDINANCE, MR. HOOG MOVED TO TABLE ANY ACTION. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANI�- MOUSLY. ITEM 2. AUTHORIZATION TO PROCEED WITH LITIGATION 'RE: BROWNING SERVICE STATION '_ MAYOR NICHOLAS'REVIEWED THE PROBLEM AT BROWNING SERVICE STATION WHERE GASOLINE WAS INTENDED TO BE THE PRIMARY USE. MR. SCOTT TOLD COUNCIL THAT CIRCUIT COURT ACTION WOULD BE NECESSARY TO ENFORCE THE ZONING ORDINANCE AT THIS LOCATION. MR. BROWNING STATED THAT HE HAD MADE EVERY EFFORT TO OBTAIN GASOLINE SALES AND HAD BEEN UNSUCCESSFUL. COUNCIL ASKED FOR WRITTEN CONFQAb%TION OF THIS STATEMENT. MR. SALVAGGIO MOVED THAT THE CITY ALLOW MR. . BROWNING 30 —DAYS TO COMPLY BEFORE LEGAL ACTION WOULD BE TAKEN BY THE CITY. MR. MURPHY SECONDED THE MOTION.' MOTION CARRIED UNANI- MOUSLY. NEW BUSINESS ITEM 1. EMERGENCY ORDINANCE NO. 16--76 RE: S.S EXCAVATION CODE AMENDING ORDINANCE NO. 3 -76 MAYOR NICHOLAS READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 3 -76, SOUTHERN STANDARD ''EXCAVATION AND GRADING BY PROVIDING FOR STANDARDS FOR THE USE OF SHELLS OR OTHER SHELLFISH AS FILL MATERAK REPEALING ALL ORDINANCES OR PARTS THEREOF CONFLICT HEREWITH; PROVIDING AN EFFECTIVE THE CODE, SCALLOP W IN DATE. MAYOR NICHOLAS EXPLAINED TO COUNCIL THAT THERE WAS AN EXTREME PROBLEM ON COLUMBIA DRIVE WITH THE ODOR FROM THE SHELLS BEING DUMPED AS FILL. MR. KADAN AND MR. PETERSON, FROM COLONIAL HOUSE APARTMENTS ADJACENT TO THE FILL AREA, TOLD COUNCIL THAT THE ODOR IT.DISPENS.ES WAS UNBEARABLE AND ASKED FOR ACTION BY THE CITY TO PREVENT FUTURE DUMPING OF SHELL MATERIAL. AFTER REVIEWING THE EXCAVATION CODE ADOPTED BY THE CITY BY ORDINANCE NO, 3 -76rIT WAS DETERMINED THAT THE DEFINITION OF ALLOWABLE'FILL MATERIAL DID NOT INCLUDE SHELLS. MR. KADAN PRESENTED A PETT.TION.FROM CITIZENS RESIDING IN THE AREA OBJECTING.TO THE FILL AND THE RESULTING ODOR. (PETITION ATTACHED TO THESE MINUTES) MAYOR NICHOLAS MOVED THAT ORDINANCE 3 -76 BE ENFORCED AS COUNCIL MEETING 7 -20 -76 PAGE 2. OF 5 PLUS ATTACHMENTS MICROFILMED 4 -24 -80 IT IS ON THE BOOKS AND THAT SCALLOP SHELLS AND LIKE MATERIAL NOT BE ALLOWED ON THE SITE AS FILL. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ACCEPTANCE OF LETTER OF RESIGNATION OF BEAUTIFI- CATION BOARD MEMBER MAYOR NICHOLAS READ MRS. AUDREY RESCIGNO'S LETTER OF RESIGNATION FROM THE BEAUTIFICATION BOARD. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. HOOG AND UNANIMOUS VOTE, THE RESIGNATION WAS ACCEPTED. -ITEM 3. RESOLUTION NO. 76 -38 APPOINTMENT OF BEAUTIFICATION BOARD MEMBERS MAYOR NICHOLAS READ A LETTER FROM MARK RASH APPLYING FOR MEMBERSHIP ON THE BEAUTIFICATION BOARD AND NOTED THAT GARNET CHANEY'S AND LESL.N'NELSON'S TERM HAD EXPIRED. MRS. THURM MOVED THAT THESE THREE NAMES BE INSERTED IN THE RESOLUTION. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING MEMBERS TO THE CITY BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE;. INSERTING THE NAMES OF THE THREE MEMBERS,WAS READ BY MAYOR NICHOLAS. MRS. THURM MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY NAMING MARK RASH.1 GARNET CHANEY AND LESLIE NELSON TO THE BEAUTIFICATION BOARD. ITEM 4. RESOLUTION NO. 76--39 DESIGNATION OF LIFETIME HONORARY MEMBERSHIP TO BEAUTIFICATION BOARD MEMBER MAYOR NICHOLAS READ A LETTER FROM THE BEAUTIFICATION BOARD CHAIRMAN ASKING THAT JESSIE FAIRMAN BE NAMED A LIFETIME HONORARY MEMBER OF THE BOARD DUE TO HER INABILITY TO ATTEND REGULAR MEETINGS. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION DESIGNATING MRS. JESSIE FAIRMAN AS AN HONORARY LIFETIME MEMBER OF THE CAPE CANAVERAL BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. MURPHY SECONDED BY MRS. THURM AND UNANIMOUS VOTE;.THE RESOLUTION WAS ADOPTED. MRS. FAIRMAN IS TO SUBMIT A LETTER OF RESIGNATION AS AN ACTIVE MEMBER. COUNCIL MEETING 7- 20-76 PAGE 3 OF 5 PLUS ATTACHMENTS. MICROFILMED 4 -24 -30 ITEM 5. RESOLUTION NO. '76 -40 APPOINTMENT OF RECREATION BOARD MEMBER IT WAS NOTED FROM THE RECREATION BOARD MINUTES THAT THE TERMS OF MR. LAMAR RUSSELL AND MR. AL JIMINEZ HAD EXPIRED, MR. JIMNNEZ DID NOT WISH TO SERVE ON THE BOARD ANY LONGER. MR. SALVAGGIO MOVED THAT LAMAR RUSSELL BE NOMINATED FOR RE- APPOINTMENT. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE RECREATION BOARD; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. THURM, SECONDED.BY MR. SALVAGGIO AND UNANIMOUS VOTE, RESOLUTION ADOPTED. ITEM 6. APPROVAL FOR CITY OFFICIALS " SEMINAR 'IN TAMPA MR. SCOTT TOLD COUNCIL THAT A 2 -DAY SEMINAR WOULD BE HELD ON JULY 29 AND 30 AT THE CROSSWAY INN IN TAMPA COVERING ALL ASPECTS OF THE CHANGE OVER OF THE COURT SYSTEM. NO REGISTRATION FEE IS 1 INVOLVED; ONLY TRAVEL COSTS AND MOTEL ACCOMMODATIONS. MR. SAI+VAGGIO MOVED THAT THE CITY ATTORNEY AND JOAN HUDEPOHL BE AUTHORIZED TO ATTEND THIS CONFERENCE WITH EXPENSES REIMBURSED. MR. HOOG SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. DISCUSSION 'ITEMS MAYOR NICHOLAS READ A REPORT FROM THE FIRE DEPARTMENT AND CONGRATULATED THE FIRE CHIEF; A LETTER FROM BICENTENNIAL COMMITTEE THANKING THE COUNCIL FOR THEIR COOPERATION WITH THE BICENTENNIAL AFFAIRS. MAYOR NICHOLAS IN TURN THANKED ALL COMMITTEE MEMBERS FOR.THEIR EXCELLENT WORK, AND ANNOUNCED A LITTLE LEAGUE AWARDS AFFAIR ON JULY 23 AT 7:30 P.M. AT THE CAPE COLONY INN. MAYOR NICHOLAS ALSO READ A LETTER FROM ROBERT LAWS APPLYING FOR .MEMBERSHIP ON THE BOARD OF ADJUSTMENT. THE MAYOR TOLD COUNCIL THAT THE COMMERCIAL DEVELOPMENT BOARD WAS STARTING MAIL =OUTS RELATIVE TO-THEIR PROMOTIONAL EFFORTS AND FUNDS FOR THIS SHOULD BE CONSIDERED IN THE NEW BUDGET. MRS. THURM INFORMED COUNCIL THAT THE COMMITTEE SET UP FOR RULES AND REGULATIONS GOVERNING THE.PORT.SEWERAGE SHOULD -BE MEETING AGAIN IN THE NEAR FUTURE AND ASKED THAT MAYOR MACLAY'S NAME BE REMOVED FROM THE COMMITTEE. MAYOR NICHOLAS TOLD COUNCIL THAT HE WAS REMOVING THE FORMER MAYOR FROM THE COMMITTEE IMMEDIATELY. COUNCIL MEETING 7 -20 -76 ___ PAGE 4-OF 5, PLUS ATTACHMENTS MICROFILMED 4'24 -80 MR. SALVAGGIO STATED THAT HE WOULD LIKE TO SEE SAFETY PROGRAMS INITIATED IN THE CITY WITHOUT DELAY AND THAT THERE WERE EXCELLENT FIBS AVAILABLE 'FOR THIS PURPOSE. MR. FRANCIS READ A LETTER FROM MR. HURCK, BUILDING OFFICIAL, REPORTING ON THE STATUS OF LOT CLEARING. BY MOTION OF MR. SALVAGGIO, SECONDED BY XR. MURPHY, THE MEETING WAS ADJOURNED AT 9:50 P.M. APPROVED THIS 27 DAY OF. JULY , 1976. MAYOR COUNCIL MEETING 7- 20-76 PAGE 5 OF 5 PLUS ATTACHMENTS It • ° CAPE CANAVE - '%.32920 MICRCPILMED 4,24-90 Re: PUBLIC NUISANCE 76 335 The residents of Columbia Drive, Cape Canaveral petition the council of the City of Cape Canaveral to issue�%a° { "cease and.d+isist" order and to revoke the permit that allows the dumping of contaminated scallop shells at the site on the west end. of Columbia Drive and Banana River. The nauseating smell of rotting fish permeats our apartments our hallways, our pool areas and barbeque was and een extends past AlA. We of Columbia Drive have been contesting the validity of dumping scallop shells as fill since 1974. We have suffered this indignity too long. A 41--1 14 �Q d J� r� WE 6 �. ATTACHMENT TO COUNCIL MINUTES OF 7 -20-76 . ± COLONIAL HOUSE APT. r 230 COLUM NA Did. MICROFILMED 4 -24'80 CAPE CANAVERAL, FLA. 32920 ATTACHMENT TO COUNCIL MINUTES OF 7,20-76