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HomeMy WebLinkAbout01-20-1976 Regular MeetingREGULAR MEETING `MICROFILVED 4.24 -80 CITY COUNCIL JANUARY 20 a 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CZki?E CANAVERAL WAS HELD ON JANUARY 20, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY'MAYOR FRANKLYN P. MACLAY THE ROLL WA,S CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR FRANKLYN P. MACLAY, COUNCILMEN L.C.. NICHOLAS, E.H. RHAMFp G.J. SALVAGGIO AND MRS. ANN THURM; CITY MANAGER ALBERT'J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD F..SCOTT, CITY CLERK ANITA`J. OSTROM, SGT. AT ARMS CHIEF TWEED. THE MINUTES OF JANUARY .13 MEETING WERE APPROVED AS CORRECTED. THE TREASURER'S REPORT WAS REVIEWED • THE CITY CLERK WAS ASKED TO FURNISH ADDITIONAL INFORMATION TO COUNCIL- PRIOR.TO THE BUDGET REVISION- UNFINISHED BUSINESS ITEM 1. CHARTER REVISION COMMITTEE MAYOR'MAC7LAY MOVED THAT THIS ITEM BE POSTPONED UNTIL THE MEETING Of FEBRUARY 3 AND BE PLACED ON THE AGENDA AS "CHARTER REVISION DISCUSSION". MR..SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE 32 -75 RE: GARBAGE FEES 2ND READING MAYOR MACLAY READ THE ENTIRE ORDINANCE - ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 5 -740 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. RHAME MOVED .FOR ADOPTION. MR. SALVAGGIO SECONDED THE MOTION. MRS. THURM PRESENTED A PROPOSED AMENDMENT TO COUNCIL SHOWING A GRADUATED SCALE OF RATES WHICH WOULD BRING $37,572.30 REVENUE. MAYOR MACLAY SECONDED THE MOTION. ,AFTER DISCUSSION BY COUNCIL AND SOME OBJECTION FROM THE AUDIENCE, VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY AND MRS. THURM, OPPOSED, MR. NICHOLAS, MR. RHAME AND MR. SALVAGGIO. AMENDMENT FAILED. ® MRS. THURM MOVED TO AMEND BY SETTING THE FEE AT �}- $1.00 PER UNIT LEAVING THE $.50 PER CUBIC YARD .INTACT. MAYOR SV may- MACLAY SECONDED THE MOTION. VOTE WAS AS FOLLOWS.: IN FAVOR, ® MAYOR MACLAY AND MRS. THURM, OPPOSED MR. NICHOLAS, MR. RHAME uj AND MR. SALVAGGIO. AMENDMENT FAILED. p MRS. THURM MOVED THAT THE COUNCIL INSERT THE FIGURES U ORIGINALLY SUBMITTED BY MR. RHAME. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. NICHOLAS. MOTION CARRIED. AT THIS TIME MR. NICHOLAS PRESENTED A PETITION FROM 646 CITIZENS OPPOSING THESE GARBAGE FEES. VOTE ON THE MAIN MOTION, AS AMENDED, WAS AS.FOLLOWS IN FAVOR, MR. RHAME, OPPOSED, MAYOR MACLAY, MR. NICHOLAS, MR. SALVAGGIO AND MRS. THURM. MOTION FAILED. ORDINANCE 32 -75 FAILED. ITEM 3. EMPLOYEE EVALUATION MAYOR MACLAY MOVED THAT THIS ITEM BE POSTPONED ONE WEEK FOR A WRITTEN REPORT FROM MR.- FEILTEAU.AT HIS REQUEST. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. MRS-THURM ASKED THAT MR. FEILTEAU NOT BE ALLOWED TO INTERFERE WITH THE NORMAL AND PEACEFUL OPERATION OF THE PLANT. MR. FRANCIS WAS ASKED TO SEE THAT MR. FEILTEAU WAS IN ATTENDANCE AT THE NEXT MEETING. ITEM 4. POLICE CHIEF'S REPORT RE: JUVENILES IN BARS CHIEF TWEED PRESENTED A WRITTEN REPORT TO MEMBERS . R e OF THE COUNCIL. HE MADE MENTION OF A LETTER THAT WAS PART OF THE REPORT AND EXPLAINED THE CONTENTS AND DIFFICULTIES INVOLVED WITH JUVENILES IN BARS. CHIEF TWEED OFFERED TO ANSWER ANY QUESTI OF THE COUNCIL AFTER THEY HAD AN OPPORTUNITY TO READ HIS REPORT. NEW BUSINESS ITEM 1. BUDGET REVISION BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THIS ITEM WAS POSTPONED FOR ONE WEEK. ITEM 2. DISCUSSION RE: SIGN ORDINANCE ENFORCEMENT MRS. THURM QUESTIONED THE LEGALITY OF REMOVING SIGNS WHICH WERE DETERMINED TO BE IN APPARENT VIOLATION OF THE CITY'S COUNCIL MINUTES- 1 -20 -76 PAGE 2 OF 4 -• i MICROFILMED 4.24 -80 REGULATIONS. MR. SCOTT STATED THERE COULD BE SOME PROBLEMS IN ENFORCEMENT AND THAT HE HAD NOT YET RECEIVED ANY REQUESTS FOR AFFIDAVITS FOR PROSECUTION IN THE CITY COURT. IT WAS DETERMINED THAT THE SIGN COMMITTEE, RECENTLY APPOINTED, WAS TO LOOK FOR POSSIBLE VIOLATIONS AND IF FOUND TO BE VALID TAKEN INTO CITY COURT WITH COUNCIL BEING ADVISED. ANY CIRCUIT COURT ACTION REGARDING SIGN VIOLATIONS- WOULD HAVE TO BE AUTHORIZED BY THE COUNCIL. MR. RHAME LEFT THE MEETING AT 8 :55 P.M. DUE TO A a_ r i :M : • 0 "_ • is `.4-144 . ITEM 3. DISCUSSION RE: FLORIDA STATUTE.SECTION 286.011 SUNSHINE LAW A LETTER HAD BEEN RECEIVED FROM THE OFFICE OF ABBOTT M. HERRING REGARDING THE SUNSHINE LAW AS IT APPLIED TO'ALL GOVERNMENT ENTITIES. MR. SCOTT STATED THAT HE WAS WORKING ON , OBTAINING ADDITIONAL:INFORMATION INCLUDING ATTORNEY GENE.RAL's OPINIONS AND REPORTS FOR FUTURE PRESENTATION`. NO ACTION ON THIS ITEM. ITEN .. CONTRIBUTION REQUESTS: 1. OPERA ARTS ASSOCIATION OF BREVARD COUNT" 2. BREVARD COUNT' SPECIAL. OLYMPICS MR. FRANCIS READ REQUESTS FROM BREVARD COUNTY OPERA ARTS ASSOCIATION AND BREVARD SPECIAL OLYMPICS FOR CONTRIBUTIONS. NO MOTION WAS MADE BY COUNCIL. NO ACTION TAKEN. ITEM 5. REPORT RE: TAX REFERENDUM PROPOSAL MR. NICHOLAS STATED THAT AFTER CONSIDERING, IN GENERAL,. THE IDEA OF COMING UP WITH A TAX REFEREMDUM PROPOSAL HE HAD DECIDED AGAINST BECAUSE; 1. IT MIGHT BE MISCONSTRUED TO BE PLANNED FOR ANY CITY USE�NOT JUST POLICE DEPARTMENT, 2. IT COULD LOOK AS IF HE WAS ADVOCRTING MORE TAXES AND HE IS OPPOSED TO ANY INCREASES. DISCUSSION FOLLOWED ON THE FEASIBILITY OF ATTEMPTING TO THOROUGHLY INFORM'THE PUBLIC OF THE NEED EITHER FOR INCREASED REVENUE OR DRASTIC CUT IN SERVICES AND ALLOW THE PEOPLE TO MAKE THE DECISION. THIS ITEM TO BE PLACED ON THE AGENDA FOR FEBRUARY 3. DISCUSSION ITEMS COMMITTEE. MR. FRANCIS REVIEWED THE PLANS OF THE BICENTENNIAL MR. FRANCIS STATED THAT MR. BALOUGH ANTICIPATED COMPLETING COUNCIL MINUTES 1 -20 -76 PAGE -3 OF 4 2 . MICROFILMED 4 °24'80 THE SIGN ORDINANCE BY THE END OF FEBRUARY. THE CITY MANAGER ANNOUNCED A DEPARTMENT HEAD MEETING FOR FRIDAY, JANUARY 23. MR. SCOTT ANNOUNCED THAT THE TRIAL OF CLAYTON AND MCGRATH VERSUS THE CITY WOULD BE HELD ON MONDAY, JANUARY 26, AT 9:30 P.M. IN MELBOURNE COURTHOUSE. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, MEETING ADJOURNED AT 9:20 P.M. APPROVED THIS 27- DAY OF JANUARY , 1976. a i-