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Home My WebLink About09-21-1976 Regular MeetingMICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL SEPTEMBER 211 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 21, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL,_ FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:32 P.M. BY MAYOR LEO C. NICHOLAS. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: COUNCILMEN F.M. HOOG, J.L. MURPHY, MAYOR L.C. NICHOLAS,. COUNCILMAN G.J. SALVAGGIO AND COUNCILWOMAN ANN H. THURM; CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM` SGT. AT ARMS POLICE CHIEF TWEED. THE MINUTES OF SEPTEMBER 7 WERE APPROVED AS CORRECTED. THE TREASURER "•S REPORT FOR AUGUST WAS APPROVED FOR. AUDIT. DISCUSSION :' PUBLIC WORKS EMPLOYMENT PROGRAM -CITY ENGINEERS f MR,. CARL MONTAKE AND DON WANSTALL, REPRESENTING BRILEY, WILD ASSOCIATES WENT OVER THE PUBLIC WORKS EMPLOYMENT PROGRAM AS TO FUNDS AVAILABLE' TYPE OF PROJECT FUNDABLE, REQUIREMENTS FOR APPLICATION AND-TIME ELEMENT INVOLVED. THEIR RECOMMENDATIONS FOR PROJECTS TO THE CITY WOULD BE IN TWO PHASES; 1. CURBING AND PAVING 2.'CONCRETE WALKS AND DRAINAGE. THE REASONING FOR THE PHASE 1 PRIORITY WAS THAT PLANS WERE READY TO GO FORWARD WITH THE CURBING AND PAVING. APPLICATION FOR PROJECTS AS STATED WOULD BE AT A COST OF $2,500.00 TO THE CITY. MR. MURPHY MOVED THAT THE CITY AUTHORIZE BRILEY, WILD ASSOCIATES TO PROCEED WITH AN APPLICATION FOR CAPITAL DEVELOPMENT AS OUTLINED -- WITH PRIORITIES BEING PAVING, DRAINAGE, CURBING AND SIDEWALKS. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 17 -76 AMENDING ZONING REGULATIONS CITY CODE CHAPTER 63672ND READING MAYOR NICHOLAS READ THE ORDINANCE IN FULL. MRS. THURM MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED MOTION. MAYOR MICROFILMED 4 -24 -80 NICHOLAS READ PROPOSED AMENDMENTS AS PRESENTED BY THE CITY ATTORNEY AND RECOMMENDED BY THE PLANNING AND ZONING BOARD. MRS. THURM MOVED THAT THE AMENDMENTS BE ADOPTED. MR. MURPHY SECONDED MOTION. MRS. THURM MOVED.TO FURTHER AMEND IN SECTION 639.71 SEWAGE DISPOSAL. TO READ AS*FOLLOWS; "NO BUILDING PERMIT SHALL BE ISSUED UNLESS PROVISIONS ARE.INCLUDED TO CONNECT INTO THE CITY SEWER COLLECTION SYSTEM EXCEPT FOR SINGLE FAMILY RESI- DENCES WHICH SHALL OTHERWISE COMPLY WITH THE CITY'S SEWER ORDINANCES AND REGULATIONS ". MR. SALVAGGIO SECONDED MOTION. 'VOTE ON'THE AMENDMENT WAS UNANIMOUS. MR. SALVAGGIO MOVED TO AMEND SECTION 639.81, PARAGRAPH "C" TO READ; "SIDEWALKS.BEING ZNSTALLED,ON A STREET WITHIN THE SAME BLOCK WHICH ALREADY HAS SIDEWALKS OR PORTIONS OF SIDEWALKS INSTALLED MUST CONFORM IN WIDTH WITH THE EXISTING SIDEWALKS,BUT NOT TO EXCEED FIVE FEET IN WIDTH. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. MURPHY, MR. SALVAGGIO AND MRS. THURM. OPPOSED, MAYOR NICHOLAS. MOTION CARRIED. VOTE ON THE AMENDMENTS, AS-AMENDED,, WAS UNANIMOUS. AMENDMENTS ADOPTED. MAYOR NICHOLAS MOVED THAT ITEMS 7 AND 12 IN -- ORDINANCE 17 -76 BE DELETED. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON ORDINANCE 17 -76, AS AMENDED, WAS UNANIMOUS. ORDINANCE ADOPTED. ITEM 2. RESOLUTION 76 -47 SIDEWALK SPECIFICATIONS MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION ESTABLISHING SIDEWALK SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA, AS REQUIRED BY SECTION 639.81 OF THE CITY ZONING ORDINANCE CODE OF THE CITY OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. RESOLUTION NO. 76 -55 RE:' APPOINTMENT OF LIBRARY BOARD MEMBER MRS. THURM READ A LETTER FROM LIBRARY BOARD RECOMMENDING MRS. BERYL ROGERS AS A MEMBER. MR. SALVAGGIO MOVED TO APPOINT BERYL ROGERS. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION ELECTING A MEMBER TO THE. LIBRARY BOARD; PROVIDING AN EFFECTIVE DATE. COUNCIL MINUTES 9 -21 -76 PAGE 2 OF 5 1 • MICROFILMED 4 -24 -80 MRS. THURM MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 76 -56 RE: APPOINTMENT OF RECREATION BOARD MEMBERS MR. NICHOLAS READ LETTERS FROM SANDY RIGGS AND ANGELO MARTELLO REQUESTING APPOINTMENT TO THE BOARD. HE ALSO--INFORMED COUNCIL THAT THE FIVE PRESENT BOARD MEMBERS REQUESTED APPOINTMENT FOR ANOTHER TERM. MR. SALVAGGIO MOVED THAT THE SEVEN NAMES BE APPOINTED. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION-APPOINTING MEMBERS TO THE RECREATION BOARD; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 76 -57 RE: APPOINTMENT OF COMMERCIAL DEVELOPMENT BOARD MEMBERS MR. HOOG MOVED THAT NANCY GOODWIN AND GEORGE BURNS, JR. BE APPOINTED TO THE BOARD. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD. MRS. THURM MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTION NO. 76 -58 RE: AMEND BYLAWS OF UMMR71AL DEVELOPMENT BOARD MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION ADOPTING AMENDED BYLAWS OF THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; RESCINDING PRIOR BY- LAWS OF THE COMMERCIAL DEVELOPMENT BOARD_; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION, MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. DESIGNATION OF P ":B.A. BARGAINING COMMITTEE MEMBER MAYOR NICHOLAS MOVED TO APPOINT MRS. OSTROM AS THE P.B.A. BARGAINING COMMITTEE MEMBER MR. HOOG SECONDED'MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. VEHICLES ON THE BEACH MRS. THURM MOVED TO ADD AN ITEM TO THE AGENDA REGARDING VEHICLES FOR HANDICAPPED AND DISABLED PERSONS ON THE BEACH. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY COUNCIL MINUTES 9 -21 -76 PAGE 3 OF 5 s MICROFILM 4 -24 -80 . MAYOR NICHOLAS READ THE ORDINANCE ENTITLED: ORDINANCE 20 -76 AN ORDINANCE AMENDING CHAPTER 683 OFF - ROADWAY REGULATIONS, BY ALLOWING.HANDICAPPED AND DISABLED PERSONS TO PARK ON THE BEACH AT THE WASHINGTON AVENUE APPROACH; REPEALING ALL SECTIONS OF THE CITY CODE IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. MR. SALVAGGIO SECONDE MOTION. MOTION CARRIED UNANIMOUSLY. FIRST READING APPROVED, ITEM 7. REPORT ON BROWNING SERVICE STATION CITY ATTORNEY SCOTT REPORTED THAT HE WAS UNABLE TO CONTACT ATTORNEY DRESSLER AND HE HAS HAD NO CONTACT FROM MR. BROWNING. MR. SCOTT REQUESTED PERMISSION FOR LITIGATION IF HE FINDS THAT.MR. BROWNING IS NOT GOING TO MOVE HIS BUSINESS OUT OF THE CITY, MAYOR NICHOLAS MOVED TO GRANT AUTHORIZATION TO PROCEED WITH.DISPOSITION LEAVING THE MATTER TO THE ATTORNEY'S DISCRETION, THE AUTHORIZATION TO INCLUDE LAWSUIT IF NECESSARY. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. MURPHY, MAYOR NICHOLASf MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. HOOG. MOTION CARRIED, ITEM 8. DISCUSSION RE: BUILDING DEPARTMENT'- HOURS, ETC. MAYOR NICHOLAS EXPLAINED BUILDING OFFICIALIS REQUEST TO BE PLACED ON A 40 -HOUR WEEK. MR. MURPHY FELT.THAT THIS MATTER-WAS DISCUSSED AT BUDGET MEETINGS AND COUNCIL WAS NOT IN FAVOR OF IT AT THAT TIME. MRS. THURM STATED THAT SHE FELT THAT MR. HURCK IS PUTTING IN MORE THAN 20 HOURS AND COULD BE QUITE VALUABLE ON FULL TIME. DISCUSSION FOLLOWED AS TO ACTUAL COST. TO THE CITY BY EMPLOYING BUILDING OFFICIAL AS A CORPORATION FOR 40 HOURS AS OPPOSED TO COST OF BEING EMPLOYED AT 20 HOURS. MRS. THURM MOVED THAT MR. HURCK'S PROPOSAL FOR A 40 -HOUR WEEK AT $160.00 AS A CORPORATION BE ACCEPTED. NO SECOND TO THIS MOTION. ITEM 9. MOTION RE: AUTHORIZATION TO INVEST FIRE DEPARTMENT ESCROW MAYOR NICHOLAS MOVED THAT THE CITY CLERK - TREASURER BE. AUTHORIZED TO SET UP A SEPARATE ACCOUNT TO CONTAIN $33,000.04 FOR THE FIRE TRUCK AS FUNDS ARE AVAILABLE. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 10. DISCUSSION RE: CAR 13 (DETECTIVE'S CAR) POLICE CHIEF REVIEWED THE REPAIRS NEEDED ON CAR 13. COUNCIL MINUTES 9 -21 -76 PAGE -4 OF 5 �• MICROFILMED 4.24 -80 CHIEF TWEED REQUESTED THAT HIS PRESENT TRAVEL MONEY BE PUT IN ESCROW FOR A NEW CAR FOR THE DETECTIVES. MR. SALVAGGIO MOVED THAT CHIEF TWEED LOOK AT CARS AND GET TRADE -IN VALUE AND COME BACK TO COUNCIL AT WORKSHOP WITH FIGURES. MRS. THURM SECONDED MOTION. V0 7E AS .FOLLOWS: IN FAVOR, MR. HOOG, MR. N4JHWr MR. SALVAGGIO AMID MRS. MM M, OPPOSED, MAYOR NICHDIAS. MOTION CARRIED. DISCUSSION ITEMS MR. MURPHY REPORTED ON A MEETING ATTENDED BY HE AND THE CITY CLERK REGARDING PROBLEMS WITH DUMPING CHARGES. MAYOR NICHOLAS SUGGESTED THAT THE CITY REQUESTi IN WRITING, THAT THE TRUCKS USED IN OUR CITY BE IDENTIFIED AND USED ONLY FOR OUR CITY GARBAGE PICK -UP. MR. MURPHY ALSO STATED THAT RUBBISHMAN HAD REFUSED _ AN EXTRA PICK -UP FOR CANAVERAL TOWERS AND THAT MR. MOLINE WOULD LET THE.CITY KNOW IF THEY WOULD USE AN EXTRA CONTAINER. CHIEF TWEED BROUGHT UP PARKING PROBLEM AT PLAZA APARTMENTS AND REQUESTED THAT THE CITY CONSIDER AN ORDINANCE REGULATING PARKING. MR, A.J. FRANCIS WAS IN THE AUDIENCE AND STATED THAT HE HAD SOME ZONING VIOLATIONS TO BRING UP AT A LATER DATE AND ALSO ASKED ABOUT THE STATUS OF THE CITY MANAGER'S POSITION BY'MOTION.OF MRS. THURM, SECONDED BY MR. HOOG, MEETING ADJOURNED AT-" - 11:17 P.M. APPROVED THIS 5' DAY OF OCTOBER , 19.76. • - GL � `� .ese��r�OO MAYOR CITY CLEF COUNCIL MINUTES 9 -21 -76 PAGE-5 OF 5