HomeMy WebLinkAbout12-20-1977 Regular Meeting' REGULAR MEETING MICROFILMED 4 -24 -80
CITY COUNCIL
DECEMBER 201 1977
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON DECEMBER 20, 1977 AT CITY
HALL,.105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H.
THURM AT 7 :34 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS J.L.
MURPHY AND M.A. RIGERMAN; ATTORNEY JAMES S. THERIAC,
CITY CLERK ANITA J. OSTROM, SGT. AT ARMS OFFICER FLACK.
COUNCILWOMAN LAVERNE C. BOYD WAS ABSENT DUE TO ILLNESS
IN HER FAMILY.
THE MINUTES OF THE REGULAR MEETING OF DECEMBER 5 WERE
APPROVED AS CORRECTED. THE MINUTES OF THE SPECIAL MEETING
OF DECEMBER 15 WERE APPROVED AS READ.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 1.9 -77 REPEALING ORDINANCE NO. 21 -75
RE: OFF- PREMISE SIGNS 1ST READING POSTPONED
AT 12-6 MEETING
MAYOR THURM MOVED THAT THIS ITEM BE POSTPONED INDEFINITELY.
MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 20 -77 AMENDING ORDINANCE NO. 1 -69
RE: FIRE PROTECTION CODE 2ND READiNTdT
MAYOR THURM EXPLAINED THAT AT HER REQUEST MR. HOELPERL
AND MR. KELLER HAD REVIEWED THIS ORDINANCE AGAIN AND THEY WERE
IN THE PROCESS OF RE- WORKING IT AND WOULD LIKE TO POSTPONE IT
UNTIL THE NEXT MEETING. MR. MURPHY MOVED TO POSTPONE THIS
ORDINANCE UNTIL THE NEXT REGULAR MEETING. MRS. RIGERMAN SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS y
ITEM 1. RESOLUTION NO. 77 -44 RE:: ELECTION OF COUNCIL
MEMBER TO FILL VACANT COUNCIL SEAT
MAYOR THURM EXPLAINED THAT FIVE LETTERS HAD BEEN RECEIVED
FROM PERSONS INTERESTED IN FILLING THE VACANT COUNCIL SEAT
HOWEVER, ONLY FOUR OF THESE COULD BE CONSIDERED AS ONE APPLICANT
HAD NOT MET THE TWO YEAR RESIDENCY REQUIREMENT NECESSARY TO FILL
A.COUNCIL SEAT. MAYOR THURM READ THE NAMES OF THE FOUR QUALIFIED
CITIZENS-PATRICK LEE, FRANK CARUSO, JOHN MULLANEY AND CARL
WELTON AND THANKED ALL PARTIES FOR SHOWING AN INTEREST IN
THIS VACANCY. MAYOR THURM PLACED ALL FOUR NAMES IN NOMINATION.
COUNCIL MEMBERS VOTED AS FOLLOWS:
MR. MURPHY CARL K. WELTON
MRS. RIGERMAN - JOHN MULLANEY
MAYOR THURM - CARL K. WELTON
MAYOR THURM READ RESOLUTION NO. 77 -44 INSERTING THE NAME
OF CARL K. WELTON AS COUNCILMAN. THE TITLE OF THE RESOLUTION
WAS AS FOLLOWS:
A RESOLUTION ELECTING A SUCCESSOR COUNCIL MEMBER
TO SERVE FOR THE REMAINDER OF THE TERM OF OFFICE
OF ANN H. THURM; PROVIDING AN EFFECTIVE DATE.
MAYOR THURM MOVED FOR ADOPTION OF RESOLUTION 77 -44.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
AT THIS TIME, CITY CLERK,ANITA OSTROM, ADMINISTERED THE
OATH OF OFFICE TO MR. CARL K. WELTON.
ITEM 2. RESOLUTION NO. 77 -43 RE: ELECTION OF MAYOR
PRO TEM
MAYOR THURM EXPLAINED THAT THE CITY CHARTER CALLS FOR THE
COUNCIL TO ELECT A MAYOR PRO TEM.TO ACT IN MAYOR'S ABSENCE AND
SINCE MRS. THURM HAS MOVED FROM MAYOR PRO TEM TO FILL THE VACANCY
OF MAYOR IT WAS NOW NECESSARY FOR COUNCIL TO ELECT A MAYOR PRO TEM.
MAYOR THURVI NOMINATED MR. JOHNSON L. MURPHY. SINCE THERE WERE
NO OTHER NOMINATIONS, MAYOR THURM READ RESOLUTION 77 -43 INSERTING
MR. MURPHY'S NAME AS MAYOR PRO TEM. THE.TITLE OF THE RESOLUTION
WAS AS FOLLOWS:
A RESOLUTION ELECTING A MAYOR PRO TEM OF THE CITY
OF CAPE CANAVERAL, FLORIDA, PROVIDING AN EFFECTIVE
DATE.
MRS. RIGERMAN MOVED FOR ADOPTION OF RESOLUTION 77 -43. MAYOR
THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. MOTION RE: TRACTOR BID FOR RECREATION DEPARTMENT
MR. MURPHY NOTED THAT TWO BIDS HAD BEEN RECEIVED ON.THIS
TRACTOR. ONE BID WAS FROM MASSEY FERGUSON FOR A TRACTOR WITH A
BELLY MOUNT DIESEL MOWER WHICH WAS WHAT THE BID SPECS REQUIRED
DUE TO THE TYPE OF WORK TO BE DONE. MASSEY FERGUSON'S PRICE
WAS $3,250.00. THE SECOND BID WAS FROM FORD WHICH BID A SMALL
DIESEL TRACTOR FOR $3,185.75. BOTH TRACTORS MET THE BID SPECS.
COUNCIL MINUTES
12 -20 -77
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MICROFILMED 4 -24 -80
MR. MURPHY MOVED THAT THE CITY ACCEPT THE LOW BID FROM FORD
FOR $3,185.75. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
MRS. RIGERMAN POINTED OUT THAT THE RECREATION BOARD HAD
COME UP WITH A BUDGET PRIORITIES LIST AND IT WAS SUGGESTED THAT
THIS PRIORITIES LIST BE ATTACHED TO THE CURRENT BUDGET AS THE
CAPITAL ITEMS TO BE BUDGETED.
MAYOR THUPlt MOVED FOR AN ADD ON ITEM AT THIS TIME.
MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR THURM READ THE LETTER OF RESIGNATION FROM RECREATION
BOARD MEMBER ANGIE MARTELLO AND MOVEp THAT COUNCIL ACCEPT THIS
RESIGNATION. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED
o
UNANIMOUSLY.
MAYOR THURM INFORMED COUNCIL THAT THE RECREATION BOARD
WAS RECOMMENDING THAT MARK RHAME BE APPOINTED TO FILL THIS
VACANCY ON THE BOARD. MRS. THURM READ RESOLUTION NO. 77 -45 IN
FULL INSERTING THE NAME OF MARK RHAME, - PRESENT FIRST ALTERNATE, AS THE
REGULAR NE�MER WITH A TERM TO EXPIRE ON OCTOBER 1, 1978. THE TITLE OF THE
RESOLUTION WAS AS FOLLOWS:
A RESOLUTION APPOINTING A MEMBER TO THE RECREATION
BOARD; PROVIDING AN EFFECTIVE DATE.
MAYOR THURM MOVED FOR ADOPTION OF THIS RESOLUTION.
MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 4. MOTION RE: RAPID RAIL GARBAGE SYSTEMS
MR.. MURPHY REPORTED THAT THE GARBAGE COMMITTEE RECOMMENDED
THE FOLLOWING: 1. THE MAJORITY POSITION, WITH A FOUR TO ONE VOTE,
FAVORED A CITY OPERATION, 2. MINORITY POSITION IS A THREE PART
RECOMMENDATION. THE MINORITY POSITION WOULD LIKE TO NEGOTIATE
AN ACCEPTABLE CONTRACT WITH THE LOW BIDDER (HARRIS). IF THAT FAILS,
THE CITY SHOULD NEGOTIATE WITH THE NEXT LOWEST BIDDER (FLECKINGER).
IF THAT FAILS,THEN THEY WOULD RECOMMEND THE CITY OPERATION.
MR. MURPHY POINTED OUT THAT NO MATTER WHICH OF THE ABOVE
THE CITY CHOSE THE COMMITTEE FEELS THAT IT IS IMPORTANT TO HAVE
A DESIGNATED CITY EMPLOYEE TO OVERSEE THE GARBAGE OPERATION REGARDLESS
OF WHETHER IT IS A CITY OPERATION OR A CONTRACTOR OPERATION.
COUNCIL MINUTES
12 -20 -77
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MiCR®FILMED 4 -24 -80
.. ic ,.
IF THE GARBAGE IS TO BE A CITY OPERATION,THE COMMITTEE
FEELS IT WOULD BE NECESSARY TO FIND A FIELD ENGINEER TO
DIRECT IMPLEMENTATION OF THE OPERATION; ARRANGE FOR FINANCES;
PREPARE TO ASSEMBLE CONTAINERS; START PLANNING IMMEDIATELY
FOR MAINTENANCE FACILITIES AND RETURN DEPOSITS TO BIDDERS
THAT THE CITY IS HOLDING AT THIS TIME.
IF CITY DECIDES TO GO WITH CONTRACTOR OPERATION, THE
CITY WOULD HAVE TO SEE IF THEY COULD NEGOTIATE AN ACCEPTABLE
CONTRACT. BID SPECS MIGHT POSSIBLY HAVE TO BE NEGOTIATED
REGARDING THE PICK UP OF TRASH THAT COULD NOT BE PUT INTO
CONTAINERS. THE COMMITTEE FEELS THAT IF CITY GOES WITH A
CONTRACTOR OPERATION THEY SHOULD NOT OWN THE CONTAINERS
AS THEY ORIGINALLY PUT OUT IN THE BID. THIS WOULD BE ANOTHER
NEGOTIATED PRICE WITH THE CONTRACTOR.
AFTER SOME DISCUSSION REGARDING THE CHARGES OF HARRIS
AND FLECKINGER FOR MONTHLY GARBAGE SERVICE,.SPECIAT GARBAGE
PICK UP PROBLEMS THROUGHOUT THE CITY, CONTRACTOR.OPERATED VERSUS
CITY OPERATED GARBAGE SERVICES, MR. MURPHY MOVED THAT THE
COUNCIL GO WITH A CITY OWNED AND OPEPTED GARBAGE OPERATION.
MRS. RIGERMAN SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,
MR. MURPHY AND MRS. RIGERMAN, OPPOSED, MR. WELTON AND MAYOR
THURM. MOTION FAILED.
MRS. RIGERMAN MOVED THAT THIS ITEM BE POSTPONED UNTIL
THE FIRST COUNCIL MEETING IN JANUARY. MAYOR THURM SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 5. ORDINANCE N0. 21 -77 AMENDING ZONING ORDINANCE
10 -75, SECTION 637.01 RE: OCEANFRONT LOTS
(PERMISSION TO ADVERTISE)
MAYOR THURK READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
ORDINANCE NO.21 -77 AN ORDINANCE AMENDING ORDINANCE
NO. 10 -75 BY AMENDING CHAPTER 631.01 OF THE ZONING
ORDINANCE BY DEFINING OCEANFRONT LOTS AND PUBLIC
ACCESS EASEMENTS; PROVIDING AN EFFECTIVE DATE.
MRS. RIGERMAN MOVED FOR PERMISSION TO ADVERTISE.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. ORDINANCE NO. 22 -77 AN ORDINANCE AMENDING
ZONING ORDINANCE IU-/5 SECTiON -63? . 3I-t NU"
_ RE: AMENDM ENT TO 5-0-FOOT LOTS
(PERMISSION TO ADVERTISEI
MAYOR THURM READ THE TITLE OF THE ORDINANCE AS
FOLLOWS: COUNCIL MINUTES, 12 -20 -77
�. MICROFILMED 4 -24 -80
ORDINANCE NO. 22 -77 AN ORDINANCE AMENDING ORDINANCE
NO. 10 -75 BY AMENDING SECTION 637.31 AND 637.51
OF THE ZONING.ORDINANCE BY MODIFYING SETBACK
REQUIREMENTS; PROVIDING AN EFFECTIVE DATE.
MRS. RIGERMMAN MOVED FOR PERMISSION TO ADVERTISE.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 7. ORDINANCE NO. 23 -77 AMENDING SIGN ORDINANCE
ADOPTED MARCH 30, 1965, AS AMENDED, RE:
SIGNS, OFF- PREMISE SIGNS SIGN PERMITS
(1ST READING)
MAYOR THURM READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
ORDINANCE NO. 23 -77 AN ORDINANCE REPEALING SECTION
653.03-(A)(2); AMENDING SECTION 653.03 (C) AS
AMENDED BY ORDINANCE NO. 21 -75 BY ADDING A PARAGRAPH
(7) REGULATING TEMPORARY OFF- PREMISE SIGNS; AMENDING
SECTION 653.11 BY CHANGING THE TITLE TO TEMPORARY ON-
PREMISE SIGNS, AND ADDING PLYWOOD TO THE LIST OF
MATERIALS ALLOWED FOR SIGN CONSTRUCTION; DELETING
THE LAST SENTENCE OF SECTION 653.11 (A); REPEALING
SECTION 653.11(B) AND PROVIDING NEW TIME PERIODS
FOR ERECTION OF SIGNS; BY REPEALING ALL ORDINANCES
OR PARTS THEREOF IN CONFLICT; BY PROVIDING AN EFFECTIVE
DATE.
MRS. RIGERMAN MOVED FOR THE APPROVAL OF FIRST READING.
OF ORDINANCE 23 -77. MR. MURPHY SECONDED MOTION, MRS. RIGERMAN
EXPLAINED THE AMENDMENTS IN THE ORDINANCE TO COUNCIL. MOTION
CARRIED UNANIMOUSLY.
MRS. RIGERMAN MOVED TO ADD AN ITEM TO THE AGENDA REGARDING
PERMISSION TO ADVERTISE ORDINANCE NO. 24 -77. MR. MURPHY
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MRS. RIGERMAN BRIEFLY EXPLAINED THE AMENDMENTS TO
THE ZONING'ORDINANCE WHICH WOULD BE COVERED IN ORDINANCE 24 -77.
MRS. RIGERMAN MOVED FOR PERMISSION TO ADVERTISE
ORDINANCE 24 -77. MR. MURPHY SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
DISCUSSION
TITLE OF THE ORDINANCE IS AS FOLLOWS:
AN ORDINANCE AMENDING SECTION 637.51 BY DELETING
"RESIDENTIAL" FROM AREA AND DIMENSION REGULATIONS
BY ADDING MINIMUM FLOOR AREA REQUIREMENTS FOR
OFFICE BUILDINGS AND SINGLE OFFICE UNITS; BY
REPEALING ALL ORDINANCES AND PARTS THEREOF IN
CONFLICT; BY PROVIDING AN EFFECTIVE DATE.
MAYOR THURM BRIEFLY EXPLAINED TO COUNCIL HER MEETING WITH
STEVE THAYER OF BRILEY, WILD REGARDING THE PRE - TREATMENT ORDINANCE TO
COME UP IN THE FUTURE.
COUNCIL MEETING
12 -20 -77
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MICROFILMED 4- 24 -80.
MRS. RIGERMAN INFORMED COUNCIL THAT THERE WAS
A PUBLIC HEARING SCHEDULED FOR JANUARY 5, 1978 AT F.T.U.
AT 8:00 P. M. BY THE HEALTH SYSTEMS AGENCY.
COUNCIL MEETING ADJOURNED AT 9:55 P. M.
APPROVED THIS 3 DAY OF January , 1978.
W, - � �rjl
••
COUNCIL MEETING
12- 20-77
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