HomeMy WebLinkAbout02-03-1976 Regular MeetingREGULAR MEETING MICROFILMED 4.24.$0
I CITY COUNCIL
FEBRUARY 3, 1976
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON FEBRUARY 3, 1976 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 F.M.
THE MEETING WAS CALLED TO ORDER BY MAYOR.PRO TEM
E. HARRISON RHAMF.
THE ROLL "WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR PRO TEM E. HARRISON RHAME, L. C. NICHOLAS,
G.J. SALVAGG10 AND MRS ANN THURM. MAYOR MACLAY WAS ABSENT
DUE TO BEING OUT OF TOWN; CITY MANAGER ALBERT J. FRANCISp
ASSISTANT CITY ATTO RICHARD F. SCOTT, CITY CLERK ANITA J.
OSTROM; SGT. AT ARMS JAMES, CANNON.
AS READ.
THE MINUTES OF JANUARY 27 MEETING WERE APPROVED
COMMUNICABLE REPRESENTATIVE' RE: REQUEST FOR INCREASE
MR. NICHOLAS STATED THAT ITEMS WHICH WOULD REQUIRE
COUNCIL ACTION SHOULD.,.IN THE FUTURE, BE.IN PROPER ORDER ON THE
AGENDA AS-'TO UNFINISHED OR NEW BUSINESS.
MR. NICHOLAS THEN MOVED THAT ITEM S, UNDER NEW BUSINESS,.
BE CONSIDERED AT THIS TIME ALONG WITH COMMUNICABLE'S REQUEST
MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
MR. SCOTT ASSURED COUNCIL THAT ACCORDING TO THE AGREEMENT WITH
COMMUNICABLE THEY COULD COME IN AT ANY TIME TO ASR FOR A RATE
INCREASE. MR. WALTER ROSE, ATTORNEY FOR COMMUNICABLE, PRE-
SENTED BOOKLETS TO COUNCIL COVERING THEIR RATE INCREASE PROPOSAL.
MR. BEVIS, OF COMMUNICABLE, SHOWED COUNCIL NEW AMPLIFIERS THAT
WERE BEING INSTALLED IN THE CITY AS REQUIRED BY THE F.C.C., AND
EXPLAINED THE NEED FOR A RATE INCREASE DUE TO INCREAS A POSTS
OF OPERATION. MR. ROSE SAID THAT THE SAME RATE STRUCTURE HAD
HAD FIRST HEADING IN COCOA BEACH AND WOULD BE PRESENTED TO THE
BOARD OF COUNTY COMMISSIONERS FOR NO—MANS LAND. HE FURTHER
EXPLAINED THAT THE PROVISION FOR FM CONNECTION WOULD COVER
19 LOCAL AND DISTANT STATIONS PLUS WEATHER, TIME ETC. MR. RHA'ME
READ A LETTER FROM MR. JOHN BERRY COMPLAINING ABOUT THE QUALITY
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MICROFILMED 4- •24 -80
OF SERVICE AND RECEPTION. MRS. ALLEN HAD A COMPLAINT
REGARDING RETURN OF DEPOSITS. MR. BEVIS STATED THAT
THE PROBLEM HAD BEEN CORRECTED AND DEPOSITS WERE.BEINq
REFUNDED WITHIN 30 DAYS. MR. FRANCIS WAS ASKED TO
KEEP A LOG OF COMPLAINTS REGARDING THE CABLE TV.
A RESOLUTION COVERING THESE RATE INCREASES IS TO BE
PLACED ON THE AGENDA FOR FEBRUARY 10 MEETING.
NEW BUSINESS
ITEM 5j ORDINANCE 2 -76 RE: IMPOSING UTILITY
.TAX N CABLE TV READITRGJ
MAYOR PRO TEM RHAME READ THE ORDINANCE IN FULL
ENTITLED.,
AN ORDINANCE AMENDING CHAPTER 541, CODE OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY IMPOSING A
UTILITIES TAX ON CABLE TELEVISION SERVICE•, PROS
VIDING AN EFFECTIVE DATE.
MRS. THURM MOVED TO APPROVE FIRST READING*
MR. NICHOLAS SECONDED MOTION. MRS. THURK MOVED TO AMEND
THE ORDINANCE BY INSERTING AN EFFECTIVE: DATE OF MARCH 1p 1.976.
MR. NICHOLAS SECONDED MOTION. VOTE WAS AS FOLLOWS: IN
FAVOR, MR. RHAME, MR. NICHOLAS AND MRS..-THURM, OPPOSED
MR. SALVAGGIO. MOTION CARRIED.. .VOTE ON THE MAIN MOTION,
AS AMENDED, IN FAVORS MR. NICHOLAS AND MRS. TAURN,
OPPOSED MR. RHAME AND MR. SALVAGGIO. MOTION FAILED..
UNFINISHED BUSINESS
ITEM 1. CHARTER REVISION DISCUSSION
BY MOTION OF MR. NICHOLAS, SECONDED BY MR. SALVAGGIO
AND UNANIMOUS VOTE, THIS ITEM WAS POSTPONED TO THE NEXT
AGENDA.
0
ITEM 2. TAX REFERENDUM PROPOS ;.I+
SIRS. THURM STATED THAT SHE HAD MIXED FEELINGS ABOUT
A TAX PROPOSAL AND HAD RECEIVED NO INPUT FROM THE CITIZENS.
SHE STATED THAT THE MONEY THE CITY WAS TAKING FROM THE
FIRE DEPARTMENT BUDGET-ALLOCATED FOR A TRUCK SHOULD NOT
BE USED FOR BALANCING THE BUDGET AND SHE FELT THAT THE
CI'T'IZENS SHOULD HAVE THE OPPORTUNITY TO MAKE THE DECISION
OF EITHER PAYING ADDITIONAL TAXES FOR PRESENT SERVICES
OR CHOOSING THAT SERVICES BE CUT.. MR. RHAME STATED THAT
AT THE FIRST MEETING IN APRIL THE CITY MANAGER SHOULD
FURNISH COUNCIL WITH A FORECAST OF NEXT )MAR'S ANTICIPATED INCOME
.
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MICROFILMED 4.24.81
AND EXPENSES AND THAT COUNCIL BEGIN AT THAT TIME TO WORK
TOWARD NEXT YEAR'S BUDGET. MRS. THURM MOVED THAT THE
COUNCIL HOLD NECESSARY WORK SESSIONS TO COME UP WITH
MACHINERY FM A TAX REFERENDUM PROPOSAL FOR THE BALLOT.
MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS.,
IN FAVOR,_MR. RHAME ,,AND MRS. THURM, OPPOSED MR. NICHOLAS
AND MR. SALVAGGIO. LION FAILED.
ITEM 3:' ATTORNEY'S REPORT RE: STATUS OF OCEAN
,PL1A, E BUILDIN P T
MR. SCOTT TOLD COUNCIL.THAT THE ATTORNEY FOR OCEAN
PLACE HADINDICATED THAT THEY WOULD LIKE TO DISCUSS POSSIBLE
RESULTS Off' THIS.DISCUSSION. BY MOTION OF MRS. THURMt
SECONDEV'BY MR.- SALVAGGIO AND UNANIMOUS VOTE, THIS ITEM
WAS POSTPONED UNTIL MR. SCOTT REPORTED BACK TO COUNCIL-
ITEM 4. ATTORNEY'S REPORT RE BIDDEN HARBOR COM -,
LEMON SEWER BOND
MR. SCOTT STATED THAT HE HAD CONTACTED BRILEY, WYLD
AND ASSOCIATES REGARDING THE SEWER LINES AT HIDDEN HARBOR.
'MR. TOM STRANG HAD RESPONDED BY SAYING THAT HE HAD NEVER
INSPECTED THE SEWER LINES AND COULD NOT SAY WHETHER OR NOT
THE BOND SHOULD SE RELEASED BY THE CITY. MR. SCOTT WILL BE
MEETING WITH MR. STRANG6, MR. ROSE, ATTORNEY FOR THE PROJECT,
AND`TBM� =TY MANAGER ON MONDAY REGARDING THE INSPECTION OF
THE SEWER AND POSSIBLE RELEASE OF THE BOND. BY MOTION OF
MR. SALVAGGIO, SECONDED BY MRS. THURM. AND UNANIMOUS VOTE,
THIS ITEM WAS POSTPONED UNTIL COUNCIL HAD A FURTgER REPORT
ON THE SEWER SITUATION.
ITEM 5. ORDINANCE 1 -76 BUILDING PERMIT FEES
SSREADING
MR. RHAME RRAD THE TITLE OF THE ORDINANCE AS
FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 547, BUILDING
PERMIT FEES, BY AMENDING THE SCHEDULE OF FEES
CHARGED FOR DEMOLITION OF A BUILDING OR BUILDINGS,
PLUMBING PERMIT CHARGES, CHARGES FOR MINIMUM
ELECTRICAL PERMIT, AND ELECTRICAL SERVICE
CHANGES; REPEALING ALL ORDINANCE. OR SECTIONS
OF THE CODE OF THE CITY OF CAPE CANAVERAL WHICH
ARE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MR. JACK HURCK, BUILDING OFFICIAL, EXPLAINED THE
COUNCIL MnRMW
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MICROFILMED 4.24 -80
PROPOSED FEE SCHEDULE AND COMPARED IT TO THE SOUTHERN
STANDARD BUILDING CODE. BY MOTION OF MR. NICHOLAS,
SECONDED BY MRS. THURM AND UNANIMOUS VOTE, FIRST READING
WAS APPROVED.
MR. NICHOLAS MOVED THAT ITEM 7, UNDER NEW BUSINESS
BE CONSIDERED AT THIS TIME.
MOTION CARRIED UNANIMOUSLY.
MRS. THURM SECONDED MOTION.
ITEM 7. ORDINANCE 29 -75 RE: MOBILE HOME PARK ZONE
AMENDMENT TO ORD. 0- 5 .PERMISSION TO
ADVERTISE
AFTER MSCUSSION BY COUNCIL WITH MR. WOLEVER,,
CHAIRMAN OF PLANNING AND ZONING BOARD, AS TO THE FORMAT
OF THIS ORDINANCE, IT WAS DETERMINED THAT THE SECTION
COVERING MOBILE ROME PARKS WAS NOT NEEDED AT THIS TIME
AND ONLY PROPOSED FOR POSSIBLE FUTURE NEED. MR. SCOTT
GAVE A NEW TITLE TO COVER ONLY AN ORDINANCE ON SINGLE
FAMILY MOBILE HOME (M-1) FOR ADVERTISING. TITLE -OF
THE ORDINANCE WAS AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 637 CITY OF CAPE
CANAVERAL ZONING CODE PERTAINING TO SCHEDULE OF
DISTRICT REGULATIONS BY MODIFICAITON OF ZONING.
DISTRICT ENTITLED, "SINGLE FAMILY MOBILE HOME"
(MH -1); BY ESTABLISHING THE'PERMITTED USES;
ACCESSORY USES; SPECIAL EXCEPTIONS; LAND USE
REGULATIONS; SETBACKS; BY PROVIDING MINIMUM
LIVING AREA; MAXIMUM HEIGHT OF STRUCTURES;
OFF - STREET PARKING AND SIGN REGULATIONS; BY
PROVIDING DEVELOPMENT STANDARDS; PROVISIONS FOR
STREETS AND ROADS; BY REPEALING. ALL ORDINANCES
OR PARTS THEREOF AND CODE SECTIONS AND PARTS
THEREOF WHICH ARE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MRS. THURM MOVED THAT THIS PORTION BE ADVERTISED.
MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
MR. NICHOLAS MOVED THAT THE ZONING BOARD.`BHA INSTRUCTED
TO CONTINUE WORK ON THE PROPER LEGISLATION FOR MOBILE HOME.
PARK ORDINANCE. MR. SALVAGGIO SECONDED MOTION. VOTE WAS
UNANIMOUSLY OPPOSED. MOTION FAILED.
NEW BUSINESS
ITEM 1. RECONSIDERATION OF C.E.T.A. PROGRAM
MR. RHAME TOLD COUNCIL THAT HE-HAD BEEN OF THE OPINION
THAT THE C.E.T.A. PROGRAM HAD BEEN FUNDED BEYOND JUNE 30, 1976.
SINCE THIS WAS ERRONEOUS, HE ASKED FOR A MOTION TO POSTPONE.
MR. SALVAGGIO MOVED TO POSTPONE.THE ITEM UNTIL SUCH TIME AS
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MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME,
MR. SALVAGGIO AND MRS.. THURM, OPPOSED MR. NICHOLAS.
MOTION CARRIED.
ITEM 2. BUDGET LINE ITEM TRANSFERS
THE CITY CLERK GAVE COUNCIL LINE ITEM FIGURES NEEDED
TO COMPLETELY BALANCE THE BUDGET AS FOLLOWS:
INCREASE ACCOUNT 408 TO $77,213
DECREASE ACCOUNT 2600 TO $19,3Q0
INCRE2SE ACCOUNT 406 TO $157,863
THIS BRINGS THE BUDGET IN BALANCE AT $688-,721.
MR. NICHOLAS MOVED THAT THESE ADJUSTMENTS BE AUTHORIZED.
MRS. THURN SECONDED, THE MOTION. VOTE WAS AS FOLLOWS: IN
FAVOR, MRO RfLUM, MR. NICHOLAS AND MRS. TWMr OPPOSED,
MR. SALVAGGIO. MOTION CARRIED.
ITEM 3. ".. DYSION E: CITY COURT INCOME
MR. NICHOLAS.STATED.THAT INCOME FROM THE CITY COURT
WAS DOWN APPARENTLY DUE TO DECREASED ACTIVITY. HE ASKED
THAT A REPORT COME FROM THE.CITY MANAGER COVERING: 1..CA$ES
PER MONTE 2. INCOME PER MONTH 3. ARRESTS BY EACH PARTICULAR
OFFICER ALL COVERING THE LAST 12 —MONTH PERIOD. MR. NICHOLAS
MOVED THAT THIS REPORT BE SUBMITTED BY THE CITY MANAGER IN
TWO WEEKS- MRS16, THURM SECONDED MOTION. MOTION CARDED UNAN-
IMOUSLY.
ITEM 4. CITY EMPLOYEES TIME ACCOUNTABILITY
BY MOTION OF MR. NICHOLAS, SECONDED BY MRS. THURM
AND UNANIMOUS VOTE, THIS ITEM WAS DELETED FROM THE AGENDA.
ITEM 6. AEROSPACE SEWER BILL
MRS. THURN EXPLAINED THAT THE AEROSPACE COMPLEX.
HAD HAD A BAD WATER LEAK IN THE PAST AND THEIR SEWER.BILLING
HAD INCREASED BY $218.66. THIS WATER, ACCORDING TO A LETTER
FROM PETRO PLUMBING COMPANY, HAD NOT GONE THRU THE CITY SEWER
AND ASKED THAT COUNCIL'CONSIDER WAIVING THIS OVERCHARGE.
MR. SALVAGGIO MOVED THAT THIS ITEM BE POSTPONED FOR AN OPINION
FROM THE CITY ATTORNEY. MR. NICHOLAS SECONDED THE MOTION.
VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS AND MR. SALVAGGIO,
OPPOSED, MR. RHAME AND MRS. lHURM. MOTION FAILED.
MRS. THURM MOVED THAT THIS BE REFERRED BACK FOR ADMINI-
STRATIVE ,'ACTION AND THAT THE CHARGE BE WAIVED,IF LEGAL,IN THE
COUNCIL MINUTES
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OPINION OF THE CITY ATTORNEY. MR. RHAME SECONDED THE MOTION.
VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND
MRS. THURM, OPPOSED, MR. NICHOLAS. MOTION CARRIED.
DISCUSSION ITEMS
MR. FRANCIS PASSED OUT COPIES OF A REPORT ON HIS
ACTION REGARDING THE PERSONNEL PROBLEM AT THE POLLUTION
CONTROL PLANT - STATING THAT MR. FEILTEAU WOULD NO LONGER
BE IN CHARGE OF THE PLANT AND THAT RICHARD MEHAL.WAS PLACED
IN CHARGE ON A PROBATIONARY PERIOD. PERSONNEL FROM THE
PLANT MR. MURPHY, MR. ANGEL AND MR. TAWNEY'WERE IN ATTEMANCE°
STATING THAT THE DID NOT CARE TO WORK UNDER.THE NEW ARRANGEMENTS
AND ASKED THAT COUNCIL TERMINATE THEM*- COUNCIL TOLD THE
EMPLOYEES THAT THEY SHOULD MAKE EVERY EFFORT TO WORK OUT
THEIR PROBLEMS BY THE GUIDELINES SET OUT IN THE PERSONNEL
POLICY THRU ADMINISTRATION AND IF UNABLE TO DO SO FOLLOW
THE PROCEDURE OF FORMAL ADMINISTRATIVE APPEAL TO THE COUNCIL.
MR. FRANCIS ASKED THE CITY COUNCIL TO CONSIDER A -FULL-
TIME ATTORNEY, MR. RICHARD SCOTT. MR. NICHOLAS, WHOSE AREA
OF INTEREST IS LAW, WILL MEET WITH MR. SCOTT AND MR. WOLFMAN
AND THIS ITEM WILL BE PLACED ON THE NEXT AGENDA.
BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME,
MEETING ADJOURNED AT 10:30 P.M.
APPROVE THIS 10 DAY OF FCC , 1976.
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