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Home My WebLink About02-10-1976 Regular Meeting'MICROFILMED 4 -24.80 REGULAR MEETING CITY COUNCIL FEBRUARY 10, 1976 Z; - - A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON FEBRUARY 10, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7 :32 P.M. AT THE REQUEST OF MAYOR MACLAY, THE MAYOR -PRO TEM E.H. RHAME CALLED THE MEETING TO ORDER AND ACTED AS CHAIRMAN. THE ROLL WAS.CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR FRANKLYN P. MACLAY, MAYOR PRO TEM E. H. RHA,ME, COUNCILMEN L. C. NICHOLAS, 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 JESSE CARVER. THE MINUTES OF FEBRUARY 3RD MEETING WERE APPROVED AS READ. THE TREASURER'S REPORT FOR JANUARY WAS ACCEPTED.. UNFINISHED BUSINESS ITEM 1. CHARTER REVISION DISCUSSION MR. NICHOLAS STATED THAT THE CITY CHARTER SHOULD MERELY BE UPDATED TO TAKE OUT OBSOLETE ITEMS AND HE FELT A COMMITTEE COULD BE APPOINTED FOR THIS PURPOSE. HE SUGGESTED THE CITY COUNCIL BE MADE THE CHARTER COMMITTEE DUE TO THEIR EXPERIENCE IN WORKING WITH THE CHARTER AND THE FUNCTIONS OF THE CITY. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE, THE CITY COUNCIL WAS NAMED THE CHARTER REVISION COMMITTEE. MAYOR MACLAY CALLED A WORKSHOP MEETING OF THE COMMITTEE FOR FEBRUARY 19 AT 7:30 P.M. NEW BUSINESS ITEM 1. MR. ARTHUR MAUER TO PRESENT STATEMENT FROM FIRE DEPARTMENT MR. ARTHUR MAUER, OF THE FIRE DEPARTMENT, READ A STATEMENT TO COUNCIL CONCERNING THE FUNDS BEING ACCUMULATED FOR A NEW FIRE TRUCKOSHOWING THE FIRE DEPARTMENT'S CONCERN THAT THEY MIGHT LOSE THIS MONEY AND BE UNABLE TO PURCHASE A TRUCK. EACH OF THE COUNCIL MEMBERS. ASSURED THE DEPARTMENT THAT THEY WOULD DEFINITELY HAVE THESE ACCRUED FUNDS INCLUDED IN THE NEXT YEAR'S BUDGET. MAYOR MACLAY MOVED THAT THE CITY MANAGER MICROFILMED 4-24-80 WRITE A LETTER TO THE FIRE DEPARTMENT ASSURING THEM THAT THE FUNDS FOR THE FIRE TRUCK WOULD BE IN NEXT YEAR'S BUDGET AND EXPRESSING THE CITY'S GRATITUDE FOR THE FIRE DEPARTMENT'S WORK. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2.1 ORDINANCE 2 -76 RE: IMPOSING UTILITY TAX ON CABLE TV (1ST READING MR. RHAME READ THE ORDINANCE ENTITLED: AN.ORDINANCE AMENDING CHAPTER 541, CODE OF THE... CITY OF CAPE CANAVERAL, FLORIDA, BY IMPOSING A UTILITIES TAX ON CABLE TELEVISION.SERVICE, PRO- VIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO APPROVE FIRST READING. MRS. THURM SECONDED THE MOTION. MRS. THURM MOVED TO AMEND BY INSERTING MARCH 1, 1976 AS EFFECTIVE DATE. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. BEVIS, OF COMMUNICABLE, OPPOSED THIS TAX STATING THAT IT WOULD CAUSZ' BILLING PROBLEMS AND LOSS OF CUSTOMERS TO THEIR FIRM. VOTE ON THE MAIN MOTION, AS AMENDED,.WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS AND MRS.- THURM, OPPOSED MR. RHAME AND MR. SALVAGGIO. MOTION CARRIED. FIRST READING APPROVED. ITEM 3. RESOLUTION 76 -3 RATE INCREASE CABLE TV MR. RHAME READ THE RESOLUTION ENTITLED A RESOLUTION ESTABLISHING ANEW SCHEDULE OF RATES FOR T.V. CABLE SERVICE AND INSTALLATION WITHIN THE CITY OF CAPE CANAVERAL:;. FLORIDA: PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. MR. RHAME SECONDED MOTION. MRS. THURM MOVED TO AMEND BY INSERTING THE EFFECTIVE DATE OF MARCH 1, 1976 IN SECTION 1. MR. RHAME SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, MR. RHAME AND MRS. THURM, OPPOSED, MR. SALVAGGIO. MOTION CARRIED. MR. NICHOLAS MOVED TO FURTHER AMEND BY DELETING THE PORTION REGARDING GENERAL OPERATIONS FROM THE RATE SCHEDULE. THIS MOTION FAILED FOR LACK OF A SECOND. VOTE ON THE MAIN MOTION, AS AMENDED, WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHP.ME A:'D MRS. THURM, OPPOSED MR. NICHOLAS AND MR, SALVAGGIO. ITEM 4. DISCUSSION RE: EXCAVATION CODE ORDINANCE MR. RHAME PRESENTED COUNCIL WITH COPIES OF THE PRO - COUNCIL MINUTES 2 -10 -76 PAGE 2 OF 4 L MICROFILMED 4 -24 -80 POSED EXCAVATION CODE AND ASKED THAT THE CITY ATTORNEY PREPARE AN ORDINANCE FOR THE. -NEXT COUNCIL MEETING. ITEM 5. CONSIDERATION OF FULL -TIME CITY ATTORNEY MR. NICHOLAS REPORTED ON A MEETING WITH MR. WOLFMAN,, MR. SCOTT AND THE CITY MANAGER. THE CITY MANAGER WAS ASKED TO FURNISH COUNCIL WITH FIGURES AS TO PROPOSED RETAINER AND THE u DUTIES TO BE EXPECTED OF A FULL -TIME ATTORNEY. MR. NICHOLAS MOVED THAT THIS ITEM BE PLACED ON THE AGENDA OF FEBRUARY 17, AND THAT THE CITY MANAGER REPORT ON FUNDS NEEDED AND DUTIES.. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. DISCUSSION RE: DISPOSITION OF STOLEN. PROPERTY _._.mom MR. NICHOLAS STATED THAT HE WAS CONCERNED ABOUT THE DISPOSITION OF STOLEN PROPERTY - RECOVERED BY THE POLICE. DEPARTMENT AND NOT CLAIMED;ALSO,ABANDONED AUTOS AND OTHER:DERELICT. PROPERTY. MR. SCOTT TOLD COUNCIL THAT THE CITY MAY BE ABTA 7D SEDL SUCH PROPERTIES BUT PtssIBLY WOULDANEED AN ORDINANCE TO COV�R THIS PROCEDURE. MR..SCOTT IS TO-DO FURTHER RESEARCH AND Nom, FOR THE AG RM OF FFMMM 24. ITEM 7. DISCUSSION RE: 1976 MAYOR MACLAY TOLD COUNCIL THAT AN TO BE HELD MARCH 4 AND 5 IN GAINESVILLE RE CONTROL AND ASKED THAT HE BE AUTHORIZED TO A T REIMBURSED ESTIMATED TO BE $100.00 TO $150-00- MRS. THURM, SECONDED BY MR. SALVAGGIO AND UN EXPENDITURE WAS APPROVED. ITEM 8. AN ORDINANCE, IF BEACH 'SEMINAR UAL SEMINAR WAS NG EROSION ND AND EXPENSES BY MOTION.OF ;MOUE VOTES THIS SOLUTION OR ORDINANCE R*: TAX REFERENDUM COUNCIL DISCUSSED THE FEASIBILITY ON THE JUNE BALLOT. MR. SCOTT BROUGHT OUT BREVARD COUNTY SPECIAL BILL REGULATING INC TAXES,ANOTHER ELECTION IN SEPTEMBER MIGHT OR DISAPPROVE THE BUDGET. NO ACTION WAS T MR. FRANCIS WAS DIRECTED TO INCOME AND EXPENDITURES FOR THE NEXT FISCAL TO COUNCIL AT THE MEETING OF APRIL 13TH. MR. NICHOLAS SECONDED MOTION. MOTION E A TAX REFERENDUM AT UNDER THE SES IN AD VALOREM REQUIRED TO APPROVE N ON THIS ITEM. A FORECAST OF .FOR PRESENTATION MACLAY SO MOVED. UNANIMOUSLY. C UNCIL MINUTES 2 10 -76 P GE 3 OF 4 MICROFILMED 4 -24 -80 D'I'SCUSSION ITEMS MR. SCOTT, AT MRS. THURM'S REQUEST, GAVE A REPORT ON LAWSUITS INVOLVING THE CITY. MR. NICHOLAS THANKED MR. RHAME AND HIS FIRM FOR THE USE OF THEIR COPIER IN REPRODUCING THE ZONING ORDINANCE. MR. RHAME ALSO THANKED THE CITY PERSONNEL, MRS.. KEANE AND MRS. ALDERMAN, FOR SPENDING SATURDAY AFTERNOON DOING THIS.WORK. MR. NICHOLAS ASKED ABOUT THE POSSIBILITY OF TAKING OUT ONE 911 LINE.AT THE POLICE DEPARTMENT AND REPLACING IT WITH ONE REGULAR LINE. MR. FRANCIS IS TO LOOK INTO THIS MATTER. MR. FRANCIS TOLD COUNCIL OF THE.PROBLEM OF THE FRONT DOOR AT THE POLICE DEPARMENT WHICH'WILL BE REPAIRED AT A COST OF $180.00. BY•MOTION OF .MRS. THURM, SECONDED BY MR. SALVAGGIO, THE MEETING ADJOURNED AT 9:45 P. M. APPROVED THIS 177H DAY OF FSBXRW , 1976. CITY CLE COUNCIL MINUTES 2 -10 -76 PAGE 4 OF 4