HomeMy WebLinkAbout01-03-1978 Regular MeetingMICROFILMED 4 -24.80
REGULAR MEETING
CITY COUNCIL
JANUARY 3, 1978
A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL WAS HELD ON JANUARY 3, 1978 AT
CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H.
THURM AT 7:30 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C. BOYD,
J.L. MURPHY, M.A. RIGERMAN AND C.K. WELTON: ATTORNEY RICHARD
F. SCOTT, CITY CLERK ANITA J. OSTROM AND SGT. AT ARMS JOAN
HUDEPOHL.
THE MINUTES OF THE REGULAR MEETING OF DECEMBER 20
WERE APPROVED AS READ.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 20 -77 AMENDING ORDINANCE NO. 1 -69
RE: I P1tOTECfiT N CC0 ND READING POSTPONED
12-20-77 MEETING
ATTORNEY SCOTT READ ORDINANCE 20 -77 IN FULL AS IT WAS
PRESENTED AT FIRST READING. MRS. RIGERMAN MOVED FOR ADOPTION
OF ORDINANCE 20 -77 ON SECOND READING. MRS, BOYD SECONDED MOTION.
MRS. RIGERMAN MOVED TO AMEND ORDINANCE 20 -77 IN ACCORDANCE WITH
THE ORDINANCE MR. SCOTT HAD PREPARED AND PRESENTED TO COUNCIL
AT THIS MEETING. MRS. BOYD SECONDED MOTION. MR. SCOTT READ
SECTION 1, THE AMENDED PORTION OF ORDINANCE NO. 20 -77. THE
TITLE OF THE ORDINANCE WAS AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 621, CODE OF THE
CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED FIRE
PREVENTION CODE, BY SUBSTITUTING THE 1976 FIRE
PREVENTION CODE AND LIFE SAFETY CODE, 1976 EDITION
AS THE CODES ADOPTED; BY PROVIDING DEFINITIONS;
BY ESTABLISHMENT OF LIMITS OF DISTRICTS; REPEALING
ALL PARTS OF THE CITY CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE
MAIN MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 20 -77, AS
AMENDED, WAS ADOPTED.
ITEM 2. ORDINANCE NO. 23 -77 AMENDING SIGN ORDINANCE
ADOPTED MARCH 30,'1'* 5, AS AMENDED, RE: SIGNS
0 S SIGNS, SIGN PERMITS ND READING
MR. SCOTT READ THE ORDINANCE IN FULL ENTITLED:
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MICROFILMED 4 °24 -80
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 TEM-
PORARY 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 ADOPTION. MR. WELTON
SECONDED MOTION. MR. MURPHY MOVED TO AMEND IN SECTION 2 (4)
PARAGRAPH 3 TO READ "OLD STATE ROAD 401" INSTEAD OF "NORTH
ATLANTIC BOULEVARD ", PARAGRAPH 5 ADD "C -2 ZONE" AT THE BEGINNING
OF THE SENTENCE, ON THAT SAME LINE INSTEAD OF "ROAD 41" AMEND
TO READ "ROAD 401" AND PARAGRAPH 6 INSTEAD OF "ROAD 41" AMEND
TO READ "ROAD 401 ". MRS. BOYD SECONDED MOTION. MRS. RIGERMAN
FURTHER AMENDED SECTION 2 (2) BY CHANGING "32 SQUARE FEET" TO
"50 SQUARE FEET ", AND IN SECTION 2 (4) PARAGRAPHS 3, 5 AND 6,
FROM "6 FEET" TO "8 FEET ". MR. WELTON SECONDED MOTION. VOTE
ON THE FIRST AND SECOND AMENDMENT WAS UNANIMOUS. VOTE ON THE
MAIN MOTION WAS UNANIMOUS. ORDINANCE NO. 23 -77 ADOPTED, AS
AMENDED.
NEW BUSINESS
ITEM 1. COUNCIL APPROVAL OF TRANSFER OF POLICE
TL
MAYOR'THURM REQUESTED THAT LT. BARRINGER, FROM
SHERIFF ZIIvMRMAN'S OFFICE, EXPLAIN TO COUNCIL THE NECESSITY
FOR THE TRANSFER OF FIVE CAPE CANAVERAL POLICE VEHICLE TITLES
TO THE SHERIFF. LT. BARRINGER EXPLAINED THAT IN ORDER FOR THE
POLICE VEHICLES TO BE COVERED UNDER THE SHERIFF'S LIABILITY
INSURANCE THEY MUST BE REGISTERED IN THE NAME OF THE SHERIFF,
THEREBY NEGATING THE CITY'S RESPONSIBILITY IN CASE THE VEHICLES
ARE INVOLVED IN AN ACCIDENT. HE FURTHER EXPLAINED THAT THE
SHERIFF WAS SENDING A LETTER OF INTENT WHICH WOULD STATE THAT IN
,THE EVENT OF FAILURE OF THE CONTRACT BY EITHER PARTY FOR ANY
REASON THAT THE SHERIFF WOULD RE -TITLE THOSE VEHICLES BACK IN
THE NAME OF THE CITY OF CAPE CANAVERAL DURING THE LIFETIME OF THE
CARS. MAYOR THURM MOVED THAT THE COUNCIL APPROVE THE TRANSFER
OF THE FIVE POLICE VEHICLES TO THE SHERIFF CONTINGENT UPON
THE RECEIPT OF THE LETTER OF INTENT AND THE CONTENTS OF THE
LETTER BEING IN ESSENCE WHAT WAS OUTLINED BY LT. BARRINGER.
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MR. WELTON SECONDED THE MOTION. VOTE WAS AS FOLLOWS:
IN FAVOR, MR. MURPHY, MAYOR THURM AND MR. WELTON, OPPOSED,
MRS. BOYD AND MRS. RIGERMAN. MOTION CARRIED.
AT THIS TIME MRS. RIGERMAN RE- STATED HER REQUEST
THAT THE CITY BE FURNISHED COPIES OF ALL THE SHERIFF'S
INSURANCE POLICIES, THAT AFFECT.THE CITY.
ITEM 2. MOTION RE: GARBAGE OPERATION
MAYOR THURM REPORTED ON HER CONVERSATION WITH AN
OFFICER OF FIRST NATIONAL BANK OF CAPE CANAVERAL AND HE EX-
PLAINED THAT WITHOUT THE PLEDGE OF AD VALOREM TAXES TOWARDS
THE REPAYMENT OF A LOAN IT WOULD NOT BE POSSIBLE TO BORROW
MONEY FROM HIS BANK.
MR. SCOTT REPORTED ON POSSIBLE AVENUES AS FAR AS
BORROWING THE NEEDED FUNDS. IF THE CITY OBLIGATES FULL
FAITH AND CREDIT OF THE CITY AND /OR AN AD VALOREM TAX IS
PLEDGED FOR REPAYMENT, THEN A REFERENDUM IS REQUIRED. IF
THE CITY DOES NOT PLEDGE FULL FAITH AND CREDIT AND ISSUES
A REVENUE CERTIFICATE, THE REVENUE CERTIFICATE COULD PLEDGE
THE SPECIFIC EQUIPMENT THE CITY WAS PURCHASING AND THE INSTRUMENT
OF INDEBTEDNESS WOULD STATE THAT THE LENDER COULD NOT LOOK TO
THE CITY FOR PAYMENT IN THE EVENT OF DEFAULT. HE FURTHER
REPORTED ON HIS CONVERSATION WITH FIRST MUNICIPAL LEASING
AND THE COMPANY IS WILLING TO NEGOTIATE WITH THE CITY ON CERTAIN
PORTIONS OF THEIR OFFER PARTICULARLY THE TERMINATION PROVISIONS.
MR. SCOTT ADVISED THAT THE WAY FIRST MUNICIPAL'S CONTRACT IS
PRESENTLY WRITTEN WOULD BIND THE CITY FOR FIVE YEARS. HE ALSO
STATED THAT THE CITY IS IN A LEGAL POSITION TO ENTER INTO AN
AGREEMENT WITH FIRST MUNICIPAL PROVIDED THEY COMPLY WITH ABOVE
GUIDELINES.
MR. MURPHY EXPLAINED THAT WITH A RAPID RAIL SYSTEM
THERE WOULD BE TWO CHANGES FROM WHAT THE CITY HAD IN THE
BID SPECS - ONE BEING TRASH PICK UP AND THE OTHER IS THAT
THE CITY DOES NOT WANT TO OWN THE CONTAINERS.
COUNCIL MINUTES
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MICROFILM 4 -24 -80
IT WAS BROUGHT UP THAT THE CITY HAS RECEIVED TWO
PROPOSALS FROM TWO OF THE ORIGINAL BIDDERS ON THE GARBAGE
CONTRACT WHICH WERE BASED ON THE CONTRACTOR FURNISHING THE
CONTAINERS AS OPPOSED TO THE CITY. THE ABOVE PROPOSALS WERE
FROM HARRIS AND FLECKINGER. MR. MURPHY QUESTIONED MR. SCOTT AS
TO WHETHER OR NOT THE CITY COULD LEGALLY NEGOTIATE WITH THE
PROSPECTIVE CONTRACTORS CONSIDERING THEIR RECENT UNSOLICITED
PROPOSALS. MR. SCOTT ADVISED THAT THE CITY WOULD BE REQUIRED
TO RE- ADVERTISE IF THEY ARE SIGNIFICANTLY CHANGING THE BID SPECS.
THE COUNCIL RECEIVED CONSIDERABLE INPUT AND
QUESTIONS FROM CITIZENS AND INTERESTED BUSINESS PEOPLE IN THE
AUDIENCE ON THE PROPOSED GARBAGE OPERATION.
MR. LAVIN, PRESENT CITY GARBAGE CONTRACTOR, OFFERED
TO EXTEND HIS PRESENT GARBAGE CONTRACT FOR ONE YEAR AT THE PRICE
HE BID IN THE RECENT CONTRACT IN ORDER TO GIVE THE CITY TIME
TO DECIDE THE WAY THEY WANT TO GO. MRS. RIGERMAN MENTIONED THAT
MR. LAVIN'S RECENT BID PRICE WOULD DECREASE THE GARBAGE COSTS.
MRS. LAVIN REPLIED IN THE AFFIRMATIVE. MRS. BOYD SUGGESTED
COUNCIL GIVE MR. LAVIN AN ANSWER TO HIS OFFER. MR. MURPHY
DECLINED STATING THAT THE LEVEL OF SERVICE WAS PRESENTLY
INADEQUATE, REGARDLESS OF PRICE.
MR. MURPHY MOVED THAT THIS COUNCIL GO WITH A CON-
TRACTOR OPERATION FOR THE CITY IN SPITE OF THE FACT THAT THE
COMMITTEE DECIDED TO GO JUST THE OPPOSITE BY A FOUR TO ONE VOTE.
MR. WELTON SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,
MRS. BOYD, MR. MURPHY, MR. WELTON AND MAYOR THURM, OPPOSED,
MRS. RIGERMAN. MOTION CARRIED TO GO WITH A CONTRACTOR OPERATION.
MR. WELTON MOVED THAT THE CITY GO TO LOWEST BIDDER,
HARRIS, TO NEGOTIATE A CONTRACT USING THE BASIC FIGURES WHICH
HE HAD PROVIDED IN HIS INITIAL BID AND IF THE CITY IS UNSUCCESS-
FUL IN DOING THIS THAT THEY THEN APPROACH THE SECOND LOW BIDDER,
MR. FLECKINGER. MR. MURPHY SECONDED MOTION.
AFTER SOME DISCUSSION, MRS. THURM MOVED TO TABLE THIS
ITEM UNTIL THE NEXT REGULAR MEETING. MR. MURPHY SECONDED MOTION.
VOTE WAS AS FOLLOWS: IN FAVOR, MR. MURPHY, MRS. RIGERMAN,
MR. WELTON AND MAYOR THURM, OPPOSED, MRS. BOYD. MOTION CARRIED.
ITEM TABLED UNTIL NEXT MEETING.
COUN Q zzL MINUTES
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FOLLOWS:
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ITEM 3. ORDINANCE NO. 1 -78 AMENDING ZONING
ORDINANCE NO. '10-75 AS' AMENDED RE:
AMENDING SECTION (PERMISSION
0 ADVERTISE)
MAYOR THURM READ THE TITLE OF THE ORDINANCE AS
AN ORDINANCE AMENDING CHAPTER 630 OF THE CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA, ZONING
ORDINANCE, BY AMENDING SECTION 643.03 A, ENTITLED
"NON - CONFORMING LOTS OF RECORD ", BY PERMITTING
CONSTRUCTION OR ERECTION OF TWO FAMILY DWELLINGS
ON NON - CONFORMING LOTS; REPEALING ALL SECTIONS OF
SAID CODE IN CONFLICT THEREWITH; PROVIDING AN
EFFECTIVE DATE.
MR. MURPHY MOVED TO AUTHORIZE ADVERTISING OF
THIS ORDINANCE. MRS. RIGERMAN SECONDED MOTION. MRS. RIGERMAN
MOVED TO AMEND THE TITLE IN THE FOLLOWING MANNER: INSTEAD OF
"TWO FAMILY DWELLINGS" CHANGE TO "ONE AND TWO FAMILY DWELLINGS ".
MR. MURPHY SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS.
VOTE ON THE MAIN MOTION WAS UNANIMOUS.
ITEM 4. ACCEPTANCE OF RICHARD CALE'S AND LEO
RUMBLATT S SI N TI NS FROM MaWNG
AND ZONING BOARD AND RESOLUTION NO. -1
APPOINTING ONIN
BOARD
MRS. RIGERMAN MOVED TO ACCEPT THE RESIGNATIONS OF
MR. CALE AND MR. GRUMBLATT. MAYOR THURM SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
MAYOR THURM READ RESOLUTION 78 -1 IN FULL ENTITLED:
A RESOLUTION APPOINTING TWO MEMBERS AND TWO
ALTERNATE MEMBERS TO THE PLANNING AND ZONING
BOARD; PROVIDING AN EFFECTIVE DATE.
MR. MURPHY MOVED FOR ADOPTION. MRS. RIGERMAN
SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD,
A RESOLUTION DESIGNATING AREAS OF PRIMARY INTEREST
OF INDIVIDUAL COUNCILMEN; PROVIDING AN EFFECTIVE DATE.
MRS. RIGERMAN POINTED OUT THAT THIS RESOLUTION AS
PRESENTED THIS EVENING HAD DELETED THE POLICE AREA OF INTEREST
AND SINCE THIS HAD BEEN SET UP BY ORDINANCE THIS COULD NOT BE DONE
COUNCIL MINUTES
1 -3 -78
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MR. MURPHY, MRS.
RIGERMAN AND MR. WELTON,
OPPOSED, MAYOR THURM.
MAYOR
THURM EXPLAINED SHE HAD VOTED IN OPPOSITION
DUE TO THE FACT
THAT SHE DID NOT KNOW THE
PERSONS BEING APPOINTED
TO THIS BOARD.
ITEM 5.
RESOLUTION NO. 78 -2 RE:,
COUNCIL AREAS
OF INTEREST
MAYOR
THURM READ THE RESOLUTION
IN FULL ENTITLED:
A RESOLUTION DESIGNATING AREAS OF PRIMARY INTEREST
OF INDIVIDUAL COUNCILMEN; PROVIDING AN EFFECTIVE DATE.
MRS. RIGERMAN POINTED OUT THAT THIS RESOLUTION AS
PRESENTED THIS EVENING HAD DELETED THE POLICE AREA OF INTEREST
AND SINCE THIS HAD BEEN SET UP BY ORDINANCE THIS COULD NOT BE DONE
COUNCIL MINUTES
1 -3 -78
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MICROFILMED 4 -24 -80
WITHOUT AN AMENDMENT TO THE ORDINANCE. THE POLICE CATEGORY
WAS ADDED TO THE RESOLUTION. MR. MURPHY MOVED FOR ADOPTION.
MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. COUNCIL PERMISSION TO ADVERTISE FOR
PLAYGROUND EQUIPMENT (ACTIVITY ER)
OR RCREATION DEPARTMENT
MAYOR THURM MOVED TO AUTHORIZE THE CITY CLERK TO
ADVERTISE FOR BIDS FOR TOT LOT EQUIPMENT. MRS. BOYD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
DISCUSSION
MR. MURPHY PASSED OUT A RE -PRINT OF A NEWSPAPER
ARTICLE REGARDING THE CITY OF ST. PETERSBURG INCREASING THEIR
GARBAGE RATES ONLY .70 BECAUSE THEY ARE ADOPTING RAPID RAIL
SYSTEM.
MRS. RIGERMAN ANNOUNCED THAT THE HEALTH SERVICE
AGENCY WAS HAVING A MEETING ON JANUARY 5, AT 8:00 P.M. AT
F.T.U. EAST OF ORLANDO.
mom-,
MEETING ADJOURNED AT 11:05 P.M.
APPROVED THIS 17 DAY OF JANUARY, 1978.
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COUNCIL MINUTES
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