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Home My WebLink About10-07-1975 Regular MeetingMICROFILMED 4 -24 -80 REGULAR MEETING L _ CITY COUNCIL` a OCTOBER 7, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON OCTOBER 7, 1975 AT CITY HALL, 105 POLIO 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 F.P. MACLAY, COUNCILMEN L.C.. - NICHOLAS, E.H. AND MRS. ANN THURM . CITY MANAGER ALBERT J ... FRANCIS , CITY ATTORNEY STANLEY WOLFMAN® SGT. AT ARMS FAMES 'CANNON, CITY CLERIC ANITA J. OSTROM. MAYOR MACLAY READ A PROCLAMATION PROCLAMING TOAST- MASTERS' WEEK AND PRESENTED THE SIGNED PROCLAMATION TO MRS. �e _ ..._ r . .. THE M.INUTES OF. SEPTEMBER: 19., 2.3 AND 24 WRRE: READ AND APPROVED, WITH A MINOR ADDITION TO THE MINUTES.;OF SEPTEMBER 23 UNFINISHED BUSINESS ITEM 1. ORDINANCE 10 ®75 ESTABLISHING COMPREHENSIVE ZONING THIS ORDINANCE WAS NOT PREPARED IN ITS FINAL FORM. MR. RHAME-MOVED THAT A RETYPED EDITION BE IN COUNCIL'S HANDS N® LATER THAN OCTOBER 21, WITH FINAL READING TO BE RE—ADVERTISED FOR OCTOBER 28, 1975. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.- MR. RHAMF MOVED THAT THIS ITEM-BE-CONTINUED- TO THE NEXT MEETING. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. P.B.A. CONTRACT REPORT MR. FRANCIS REPORTED ON A MEETING WITH THE P.B.A. REPRESENTATIVES AND WENT OVER SOME AGREED CHANGES IN THE NEW CONTRACT AND OTHER ITEMS NOT YET AGREED UPON. MR. NICHOLAS INQUIRED ABOUT THE STATUS OF A 5 -YEAR PLAN REGARDING PERSONNEL TO BE PREPARED BY THE CHIEF.. ITEM 3. EASEMENT FOR FLORIDA POWER & LIGHT MR. WOLFMAN STATED THAT MR.. SCOTT HAD BEEN ATTEMPTING MICROFILMED 4 -24.80 . TO CONTACT THE FLORIDA POWER AND LIGHT REGARDING THIS EASEMENT AND HAD BEEN UNABLE TO MAKE ANY PROGRESS. BY MOTION OF MR. RHAME, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THIS ITEM WAS CONTINUED TO THE NEXT MEETING. ITEM 4. BUILDING OFFICIAL'S REPORT RE:' LOT CLEARING. MR. RHAME EXPLAINED, FOR THE BENEFIT OF THE MAYOR, WHAT HAD BEEN DISCUSSED REGARDING LOT CLEARING AND THE INTENT OF MR. NICHOLAS AND MRS. THURM TO MAKE INSPECTIONS OF THE LOTS IN THE CITY NEEDING CLEARING. MR. ALLEN STATED THAT MAPS WITH MARKED LOTS WERE AVAILABLE IN HIS OFFICE FOR THIS PROJECT. ITEM 5. BUILDING OFFICIAL'S REPORT RE: SIGNS MAYOR MACLAY WENT.OVER THE LISTING OF SIGNS WHICH HAD BEEN IN VIOLATION OF THE ZONING'ORDINANCE. HE WAS GIVEN A WRITTEN REPORT FROM MR. ALLEN SHOWING THE NEW STATUS Of- THESE ., SIGNS FOR HIS REVIEW. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME AND UNANIMOUS.VOTE, IT WAS AGREED TO CONTINUE THIS ITEM AT THE NEXT-REGULAR MEETING. ITEM 6. ORDINANCE 21 -75 OFF - PREMISE SIGNS ND READING MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CITY OF CAPE CANAVEBAL.SIGN ORDINANCE, WHICH ORDINANCE WAS ADOPTED ON MARCH 30, 1965, BY PROHIBITING OFF - PREMISE SIGNS WITHIN THE CITY OF CAPE CANAVERAL; BY DEFINING "OFF- PREMISE SIGNS "; BY REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT THEREWITH; BY PROVIDING AN.EFFECTIVE DATE. MR. RHAME READ AN AMENDMENT THAT HE HAD PREPARED CONTAINING THE SAME SUBJECT MATTER BUT WITH NEW TEXT, MR. RHAME MOVED TO AMEND THE ORDINANCE TO INCLUDE HIS AMENDMENT AS READ. MR. NICHOLAS SECONDED THE MOTION.- AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION FOR ADOPTION WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, MR. RHAME, OPPOSED MRS. THURM. MOTION CARRIED. ORDINANCE, AS AMENDED, ADOPTED. ITEM 7 DRAINAGE PROBLEM ON FILLMORE AVENUE MR. RHAME REPORTED THAT SOME LINES IN THE CITY HAD BEEN CLEANED AND EIGHT CUBIC YARDS OF MATERIAL WERE REMOVED FROM THE OUTFALL. MR. GRUMBLATT AND MRS. GARNET` CHANEY WERE IN THE AUDIENCE AND ENTERED INTO THE DISCUSSION BECAUSE OF THEIR PARTICULAR FLOODING PROBLEMS. MR. RHAME, MR. FRANCIS AND MR. GRUMBLATT PLAN TO MAKE A SURVEY OF THE LINES IN THE CITY CITY COUNCIL MINUTES OF 10 -7 -75 PAGE. 2 OF 6 MICROFILMS® 4 -24 -80 AND THE DRAINAGE PROBLEM IN AN EFFORT TO DETERMINE WHAT NEEDS TO BE DONE TO- ALLEVIATE FLOODING DURING HEAVY STORMS. THIS ITEM TO BE ON THE AGENDA OF OCTOBER 14. IMP NEW BUSINESS ITEM 1. DISCUSSION RE: PORT EXPANSION7&'MU SEQUENT SEWER EXPANSION -MR. MCLOUTH AND MR. JENSON MR. MALCOLM MCLOUGH,OF THE PORT AUTHORITY, AND MR. JENSON, FROM GEE AND JENSON ENGINEERING FIRM, TALKED TO COUNCIL ABOUT THE EXPANSION PLANS. AT THE PORT AND THE PROBLEM: OF SEWERAGE SERVICE AND THE MORATORIUM ON FUTURE HOOK -UPS IMPOSED BY COUNCIL. THE IMMEDIATE PROBLEM INVOLVED SOUTHERN SEAFOODS COMPANY. MR. RHAME MOVED THAT THE SOUTHERN SEAFOODS NOT'BE CONSIDERED UNDER THE MORATORIUM, THEIR-PLANS. TO BE REVIEWED IN ' ADDITIONAL ' `" THE NORMAL PROCEDURE BY THE ENGINEERS AND THAT NCA PROHIBITION BE DTI 'iO RATMUUM. PUT ON THEIR OPERATION MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. RHAME AND MRS. THURM, OPPOSED,. MAYOR MACLAY. MOTION. CARRIED. MRS. THURM MOVED THAT ITEM 5, UNDER NEW - BUSINESS, BE TAKEN UP AT THIS TIME. MR. RHAME SECONDED.THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. ORDINANCE 25 -75 UTILITY TAX ON CABLE TV - MAYOR MACLAY READ THE ORDINANCE ENTITLED° AN ORDINANCE AMENDING ORDINANCE NO. 64 -10, BY IMPOSING AND LEVYING A UTILITY TAX UPON CABLE TELEVISION SERVICE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. THURM SECONDED MOTION. MR. BEVIS, OF CABLE TV,AND WALTER ROSE, ATTORNEY FOR CABLE TV, TOLD COUNCIL OF THE PROBLEMS THEY WOULD HAVE IN BILLING AND ADDITIONAL COSTS IF THIS TAX WERE IMPOSED. AFTER DISCUSSION, VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS AND MRS.'THURM. OPPOSED MAYOR MACLAY AND MR. RHAME. MOTION FAILED. ITEM 2. RECREATION BUDGET - THE BUDGET FOR THE NEW RECREATION COMPLEX AS.PREPARED BY THE BOARD AND THE RECREATION DIRECTOR WAS PRESENTED`.TO COUNCIL FOR THEIR STUDY. THE BUDGET TO BE PLACED ON THE OCTOBER 14TH AGENDA. CITY COUNCIL MINUTES OF 10 - -7 -7 PAGE 3 OF 6 ° -1-1-- _.1 MICROFILMED 4 -24 -80 ITEM 3. ORDINANCE 2375 MANDATORY GARBAGE CONTAINERS MAYOR MACLAY READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 5 -74 AS AMENDED, BY PROVIDING FOR THE USE OF MECHANI- CAL GARBAGE CONTAINERS BY MULTIPLE DWELLING UNITS AND COMMERCIAL ESTABLISHMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON - FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. FRANCIS GAVE COUNCIL NEW RATES TO INSERT INTO THE ORDINANCE AS A RESULT OF INCREASED COSTS. MR. RHAME MOVED FOR ADOPTION OF THE ORDINANCE WITH THE NEW RATES-. MR. NICHOLAS SECONDED THE MOTION. MAYOR MACLAY MOVED THAT 12 UNITS BE INSERTED IN SECTION 2, PARAGRAPHS "A" AND "B". MR. NICHOLAS SECONDED THE MOTION. AMENDMENT CARRIED BY UNANIMOUS VOTE. VOTE ON T$E MAIN MOTION WAS AS FOLLOWS: IN FAVOR°, MR-z- RHAME, MAYOR MACLAY, OPPOSED, MR. NICHOLAS, MRS. THURM. MOTION FOR ADOPTION FAILED. 'ITEM 4: ORDINANCE 24 -75 GARBAGE SERVICE CHARGES MAYOR MACLAY READ THE ORDINANCE.ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 5 -74 AS AMENDED,, BY PROVIDING FOR GARBAGE FEES; BY ESTABLISHING A SCHEDULE OF GARBAGE FEES FOR SINGLE FAMILY RESID- ENCES; CONDOMINIUMS, TRAILER PARKS, DUPLEXES AND APARTMENTS AND COMMERCIAL CONTAINERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MAYOR MACLAY SECONDED MOTION. VOTE -WAS AS FOLLOWS: IN FAVOR, MR. RHAME, OPPOSED, MAYOR MACLAY, MR. NICHOLAS, MRS. THURM. MOTION FAILED. ITEM 6. MEETING OF EMPLOYEES WITH COUNCIL MEMBER LEAVE OF ABSENCE MRS. THURM EXPLAINED THE CIRCUMSTANCES OF THE MEETING OF SEWER PLANT EMPLOYEES AT HER HOME. MR. WOLFMAN SAID IT WAS HIS OPINION THERE WAS NO VIOLATION OF THE SUNSHINE LAW OR CONFLICT OF INTEREST. THE SUBJECT OF LEAVE OF ABSENCE OF THE CITY MANAGER WAS DISCUSSED AND.MR. FRANCIS WAS ASKED THAT HE CALL EITHER THE ]MAYOR OR MAYOR PRO TEM, THE HIGHEST RANKING OFFICER IN CHARGE, PRIOR TO LEAVING THE CITY IN ANY FUTURE SITUATIONS OF THIS TYPE. ITEM 7. POLICE COMPLAINT_. MAYOR MACLAY READ LETTERS CONCERNING THE RECENT COMPLAINT CITY COUNCIL MINUTES OF 10 -7 -75 PAGE 4 OF 6 MICROFILMED 4 -24 -80 AGAINST THE POLICE DEPARTMENT. MR. RHAME AND LT. CANNON OFFERED SOME EXPLANATION AS TO THE CIRCUMSTANCES SURROUNDING THIS COMPLAINT. MR. NICHOLAS STATED THAT HE WAS STILL CONFUSED DUE TO CONFLICTING REPORTS AND NEWS STORIES. MR. NICHOLAS MOVED THAT A WRITTEN REPORT ON THIS CASE BE FURNISHED COUNCIL. MAYOR MACLAY SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, MRS.THURM, OPPOSED, MR. RHAME. MOTION CARRIED. ITEM 8. HANDLING OF GROUP INSURANCE CLAIMS MR. FRANCIS EXPLAINED THE PROBLEMS AND THE TIME INVOLVED IN HANDLING GROUP INSURANCE CLAIMS FOR THE EMPLOYEES AND STATED THAT MR. STAN BRING °S OFFICE COULD HANDLE THESE CLAIMS FOR $1.00 PER s RESPONSIBLE FOR HANDLING THEIR OWN GROUP INSURANCE CLAIMS.. -MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 9.. RESOLUTION 75 -44 DECREASE IN COUNCIL'S SPtLARY MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION PROVIDING' FOR A. DECREASE" IN COMPEN- SATION PAID TO THE MAYOR AND MEMBERS OF THE.CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN'`EFFECTIVE DATE. MR, RHAME MOVED FOR ADOPTION MAYOR MACLAY MOVED TO. AMEND THE RESOLUTION BY AGAIN CUTTING COUNCIL'S SALARY IN HALF. MOTION FAILED FOR LACK OF A SECOND. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, OPPOSED MR. NICHOLAS, MRS. THURM. MOTION FOR ADOPTION FAILED. MR. NICHOLAS MOVED FOR AN ADD ON ITEM TO AUTHORIZE THE BORROWING OF FUNDS. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. NICHOLAS MOVED THAT THE MAYOR AND THE CITY CLERK BE AUTHORIZED TO BORROW UP TO $50,000 TO ALLEVIATE THE CASH FLOW .PROBLEM UNTIL THE AD VALOREM TAXES AND FRANCHISE TAX BECOME AVAIL- ABLE. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, MR. FRANCIS ASKED THAT THE*COUNCIL CONSIDER GIVING PERMISSION FOR THE CITY PERSONNEL AND EQUIPMENT TO MOVE TREES ETC. DONATED TO THE CITY FROM PERSONAL PROPERTY TO CITY PROPERTY. MR. RHAME MOVED FOR AN ADD ON ITEM TO AUTHORIZE THE USE OF CITY PERSONNEL AND EQUIPMENT. MR.. NICHOLAS SECONDED THE CITY COUNCIL MINUTES OF 10 -7 -75 PAGE 5 OF 6 MICROFILM. 4 -24 -80 MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED THAT THE CITY MANAGER BE AUTHORIZED TO PROVIDE CITY PERSONNEL AND EQUIPMENT TO SUPPORT THE BEAUTIFI- CATION BOARD PROJECTS. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION ITEMS: MR. NICHOLAS QUESTIONED THE FUTURE POLICY ON REPLACING EMPLOYEES WHO RESIGN FROM THE CITY UNDER THE C.E.T.A. PROGRAM AND CITY PAID EMPLOYEES. CLARIFICATION ON THIS WILL BE AN AGENDA. ITEM ON OCTOBER 14. MR. RHAME BROUGHT OUT THE PROBLEM OF THE BUDGET WHICH NOW SHOWED A DEFICIT AND ASKED THAT THIS BE ON THE OCTOBER 14TH AGENDA. - - MAYOR MACLAY NOTED A PETITION PRESENTED TO THE CITY FROM CITIZENS OPPOSING CUTS IN THE POLICE DEPARTMENT SERVICEP.. MEETING ADJOURNED AT 12:25 A.M.,.BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME.' APPROVED THIS 14tH DAY OF ' OCTOBER' ` ' ' , 1975. zTY CLERK CITY COUNCIL MINUTES OF 10-7-75 PAGE 6 OF 6 PAGES MICROFILMED= 4.2 4.8 C SECTION 1. Section 3 of the Sign Ordinance adopted. by the City of Cape Canaveral, Florida on March 30, 1965, as amended, is hereby amended by the following revisions: C. Change title to read: "Off Premises signs and signs on Vacant Land Generally Prohibited." [1] Delete entire sub - paragraph and substitute therefor the following: "No off- premises signs or signs on vacant land-shall be erected, posted, painted, tacked, nailed or otherwise placed or located anywhere in the City of Cape Canaveral. An off - premises sign is defined as a sign not related to the subject matter of the use of the premises on which the sign is located. This prohibition shall not apply to real estate or political signs. A real estate sign shall: be any sign used solely for the sale or lease of property on which the sign is located. A political sign shall be any,sign used solely to present information suggesting a candidate's suitability for elected public office." [3] In first line of paragraph, change "five (5) square" to "six (6) square ". [4] Delete entire paragraph and substitute therefor the following: "All signs in violation of paragraph (1) , (2) & (3) above erected after the effective date of this ordinance shall be removed immediately at the owner's expense ". [5] Delete first line and substitute therefor the following: "Off- premises signs and signs on vacant property which exist on the effective date of this ordinance shall remain ...." MICROFILMED 4 -24 -8C ORDINANCE NO. 21-75 AN ORDINANCE AMENDING CITY OF CAPE CANAVERAL SIGN .WHICH -ORDINANCE WAS ADOPTED ON. MARCH- _. -...__ 30,- -1965, - -BY PROHIBITING OFF - PREMISE SIGNS WITHIN THE _ CITY OF CAPE CANAVERAL; BY DEFINING "OFF - PRE ISE SIGNS "; BY REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT THEREWITH; BY PROVIDING. AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 3 of the Sign Ordinance adopted by the City of Cape Canaveral, Florida on March-30, 1965, as amended, is hereby amended by the addition of the following new paragraph: "H. Off- Premise Signs Prohibited. It shall be unlawful for any person to erect, place or locate an off - premise sign anywhere within the City.of Cape Canaveral, Florida. An off - premise sign is defined as a sign not related to the subject matter of the premises on which said sign in located. " SECTION 2. All ordinances or parts thereof in conflict herewith are hereby repealed. SEC3i;ION 3. This ordinance shall become effective upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 1975. Attest: City Clerk Approved as to form: -ell 7 ity ttorney Mayor FIRST READING: 8 -26 -75 ADVERTISED: 8 -30 -75 SECOND READING: POSTED: 8 =27 -7