HomeMy WebLinkAbout03-09-1976 Regular Meeting0
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REGULAR MEETING
CITY COUNCIL
MARCH 9, 1976
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON MARCH 9, 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 WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR FRANKLYN P. MACLAY, COUNCILMEN L.C.
NICHOLAS, E.H. RHAME, G.J. SALVAGGIO AND MRS. ANN THURM;
CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY RICHARD F.
SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS JAMES CANNON.
THE MINUTES OF THE MARCH 2ND MEETING WERE APPROVED
AS CORRECTED.
TREASURER'S REPORT
MR. FRANCIS REVIEWED FOR COUNCIL THE STATUS OF THE
TREASURY REPORT. REPORT WAS ACCEPTED.
MR. JANSON DAVIS - REPORT RE: CHAMBER OF COMMERCE
MR. RODNEY KETCHAM, GEORGE CONE AND MEMBERS OF THE
BOARD OF DIRECTORS WERE IN ATTENDANCE. MR. JANSON DAVIS WAS
UNABLE TO ATTEND. MR. KETCHAM REPORTED TO COUNCIL THE RESULTS
OF A QUESTIONNAIRE RECENTLY CIRCULATED TO BUSINESS PEOPLE IN THE
AREA CONCERNING NEEDED PROJECTS FOR PROMOTION WHICH INCLUDED
VEHICULAR TRAFFIC ON THE BEACHES, BIKEPATHS, BEAUTIFICATION
PROGRAMS, REPAIR OF ROADS AND STREETS, DISCOURAGE TOPLESS PER-
FORMANCES AND THE LIKE, A GOOD LIFEGUARD PROGRAM, ENCOURAGEMENT
TO THE PORT AUTHORITY FOR CONTINUED DEVELOPMENT, PROPER STREET
NUMBERS ON BUSINESS ESTABLISHMENTS AND PROPER STREET IDENTIFI-
CATION. MR. KETCHAM ALSO STATED ACTIVITIES IN MICH THE
CMEM W INVOLV.ED. MAYOR MACLAY THANKED THE CHAMBER REPRESEN-
TATIVES FOR THEIR PRESENTATION AND MR. NICHOLAS ASKED THAT THE
MAYOR SEND THEM A LETTER OF APPRECIATION.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE 3 -76 RE: EXCAVATION CODE I= READING)
MAYOR MACLAY READ THE ORDINANCE ENTITLED:
AN ORDINANCE ADOPTING THE SOUTHERN STANDARD
EXCAVAT1ON AND GRADING CODE FOR THE PURPOSE OF
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ESTABLISHING RULES AND REGULATIONS FOR ALL
EXCAVATION AND GRADING CONDUCTED WITHIN THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR
PENALTIES FOR VIOLATION; REPEALING ALL ORDINANCES
OR PARTS THEREOF, OR CODE OF THE CITY OF CAPE
CANAVERAL WHICH ARE IN CONFLICT THEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. RHAME MOVED FOR ADOPTION. MAYOR MACLAY SECONDED
THE MO'T'ION. MR. RHAME MOVED TO AMEND THE CODE IN SECTION 102
BY ELIMINATING ALL THE EXCEPTIONS, EXCEPT TWO AND EIGHT AND
TO REPLACE EXCEPTION NINE WITH THE FOLLOWING: "FILLING OF
GRASSED AREAS FOR ENHANCEMENT OF LAWN GROWTH." THE REMAINING
EXCEPTIONS TO BE RENUMBERED. MR. NICHOLAS SECONDED MOTION.
AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS
UNANIMOUS. ORDINANCE, AS AMENDED, ADOPTED.
ITEM 2. ORDINANCE 29 -75 RE: SINGLE FAMILY MOBILE HOME
AMENDING ZONING CODE (2ND READING)
MR. RHAME WENT THROUGH THE ORDINANCE NOTING CHANGES THAT
HAD BEEN MADE SINCE FIRST READING AND MAKING THE FOLLOWING
SECTION
CHANGES BY CONSENT OF THE COUNCIL MEMBERS. INA637.67, LINE 3,
TO READ, "STRUCTURES SHALL BE CONSTRUCTED OF METAL, FIBERGLASS,
SECTION
OR GLASS, OR ANY COMBINATION THEREOF." ALSO, INA637.79 PARA-
GRAPH "C" LINE 4, ADD THE WORDS, "AND FIRE MARSHALL" AFTER
"CITY ENGINEER." MR. RHAME MOVED FOR ADOPTION. MR. NICHOLAS
SECONDED MOTION. MR. RHAME MOVED TO AMEND THE TEXT BY DELETING
THE ENTIRE SECTION 1 AS READ AT MARCH 2 COUNCIL MEETING AND
INSERT SECTION 1 AS PRESENTED AT THIS MEETING. MRS. THURM
SECONDED MOTION. AMENDMENT CARRIED UNANIMOUSLY. MR. SALVAGGIO
MOVED TO FURTHER AMEND MINIMUM SET -BACK REQUIREMENTS AS FOLLOWS:
FRONT] 20 FEET; REAR,15 FEET. MR. RHAME SECONDED MOTION. VOTE
WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO
AND MRS. THURM, OPPOSED, MAYOR MACLAY. MOTION CARRIED. MR. RHAME
MOVED A FURTHER AMENDMENT IN SECTION 637.79 IN LINE 6, TO READ,
"PAVED WIDTH OF 20 FEET AND SHALL BE LOCATED SYMETRICALLY ABOUT
THE CENTERLINE OF A THIRTY -FOUR FOOT RIGHT OF WAY.° MR. SALVAGGIO
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE
ORDINANCE, AS AMENDED, WAS UNANIMOUS. ORDINANCE ADOPTED.
THE MEETING WAS RECESSED AT 9:55 P.M. AND RECONVENED AT
10:05 P.M.
ITEM 3. ORDINANCE 4 -76 RE: DISPOSITION OF PROPERTY
1ST READING
COUNCIL MINUTES
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BY MOTION OF MR. NICHOLASAAND UNANIMOUS VOTE, THIS
ITEM WAS POSTPONED FOR TWO WEEKS.
NEW BUSINESS
MRS. THURM MOVED THAT ITEMS 2 AND 6 BE TAKEN UP AT
THIS TIME. MAYOR MACLAY SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 2. RESOLUTION 76 -13 RE: RECONSIDERATION OF
COMMUNICABLE RATE-INCREASE
MAYOR MACLAY READ THE RESOLUTION ENTITLED:
A RESOLUTION ESTABLISHING A NEW SCHEDULE OF
RATES FOR T.V. CABLE SERVICE AND INSTALLATION
WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
THE CITY ATTORNEY WAS ASKED WHAT HE FELT THE CITY'S POSITION
WAS AT THIS TIME CONCERNING THE REQUESTED RATE INCREASES.
MR. SCOTT STATED THAT COUNCIL HAS THE RIGHT TO CONTROL RATES OF
COMMUNICABLE WITH THE COURT'S RIGHT TO REVIEW. HE STATED THAT
IF THIS CASE SHOULD GO TO COURT FILED BY THE CITY OR BY COMMUNI-
CABLE THE CITY WOULD BE OBLIGATED TO PROVE THAT THE RATES WERE
NOT JUST AND THEIR RIGHT TO RESCIND. THIS WOULD ENTAIL THE USE
OF AUDITORS AS EXPERT WITNESSES AT A POSSIBLE $5,000 TO $10,000
FEE PLUS OTHER COSTS.
MR. RHAME MOVED FOR APPROVAL. MRS. THURM SECONDED THE
MOTION. FURTHER DISCUSSION BROUGHT OUT THE QUESTION OF WHETHER
OR NOT THE CITY COULD CHARGE FRANCHISE FEE ON ADVERTISING REVE-
NUE. MAYOR MACLAY MOVED THAT THIS ITEM BE POSTPONED FOR ONE WEEK.
MR. SALVAGGIO SECONDED. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR
MACLAY, MR. NICHOLAS AND MR. SALVAGGIO, OPPOSED, MR. RHAME AND
MRS. THURM. MOTION CARRIED.
ITEM 6. RESOLUTION 76 -9 APPOINTMENT OF LIBRARY BOARD
MEMBER
MRS. THURM MOVED THAT THIS ITEM BE POSTPONED FOR TWO
WEEKS. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 1. BUDGET REVISIONS
MR. FRANCIS MADE A REPORT TO COUNCIL WITH HIS SUGGESTIONS
FOR PUTTING THE BUDGET IN BALANCE:WITH FIVE SUGGESTED CHANGES IN
LINE ITEMS. A COPY OF THIS REPORT IS ATTACHED TO THESE MINUTES.
MR. RHAME MOVED THAT MR. FRANCIS' REPORT BE ACCEPTED AND THE FIVE
LINE ITEM: CHANGES BE IMPLEMENTED. MAYOR MACLAY SECONDED
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MOTION. MR. NICHOLAS*MOVED TO AMEND TO IMPLEMENT CHANGES ONE
THRU FOUR AND LEAVE FIVE INTACT. MOTION FAILED FOR LACK OF A
SECOND. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR,
MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED,
MR. NICHOLAS. MOTION CARRIED.
ITEM 3. ORDINANCE 5 -76 BYLAWS COMMERCIAL DEVELOPMENT BOARD
(1ST READING)
MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ESTABLISHING BY -LAWS FOR THE COMMERCIAL
DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME AND UNANIMOUS
VOTE, FIRST READING WAS APPROVED.
MRS. THURM LEFT THE MEETING AT 10:55 P.M. DUE TO ILLNESS.
ITEM 4. ORDINANCE 6 -76 ESTABLISHING SIGN PERMIT FEES ANNUAL
INSPECTION & LICENSING FEES 1ST READING)
MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE SIGN ORDINANCE OF THE
CITY OF CAPE CANAVERAL OF MARCH 30, 1965 AS AMENDED,
BY ESTABLISHING REVISED PERMIT FEES; PROVIDING FOR
ANNUAL INSPECTION AND LICENSING; WITH FEE SCHEDULES;
REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO AND
UNANIMOUS VOTE, FIRST READING WAS APPROVED.
ITEM 5. RESOLUTION 76 -8 SETTING SPEED LIMIT AlA
MR. FRANCIS STATED THAT NO RESOLUTION WAS NEEDED AT THIS
TIME AND ANNOUNCED THAT HE HAD WRITTEN TO THE DEPARTMENT OF TRANSPOR-
TATION SOME TIME ,BACK AND ASKED THAT THE CITY OF CAPE CANAVERAL BE
INCLUDED IN THE SPEED LIMIT STUDY ON AlA. HE ASKED IF COUNCIL WANTED
HIM TO ATTEMPT TO GET A 35 -MILE AN HOUR SPEED LIMIT ON AlA TO TIE
IN WITH COCOA BEACH OR WAIT TO SEE WHAT THE IMPACT WAS AFTER THE
6 -MONTH TRIAL PERIOD IN COCOA BEACH. MAYOR MACLAY MOVED THAT WE
APPLY TO BE INCLUDED. MOTION FAILED FOR LACK OF A SECOND. NO FUR-
THER ACTION ON THIS ITEM.
ITEM 7. RESOLUTION 76 -10 LEAVE OF ABSENCE FOR COUNCIL MEMBER
BY MOTION OF MR. SALVAGGIO, SECONDED BY MAYOR MACLAY, THIS
ITEM WAS REMOVED FROM THE AGENDA.
ITEM 8. RESOLUTION 76 -11 RE: AGREEMENT WITH COCOA PALMS
MOBILE HOME PARR STREET LIGHTS
MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED:
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A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO
ENTER INTO AN AGREEMENT WITH FRANK HOOG REGARDING
LIGHTING OF STREETS OF COCOA PALMS MOBILE HOME PARK;
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR APPROVAL. MR. SALVAGGIO SECONDED
MOTION. THERE WAS DISCUSSION BY COUNCIL AND QUESTIONS OF EN-
FORCING COLLECTION FROM COCOA PALMS AND THE CITY'S RECOURSE
SHOULD THERE BE A PROBLEM. VOTE ON THE MOTION FOR APPROVAL WAS
AS FOLLOWS: IN FAVOR, MR. NICHOLAS AND MR. SALVAGGIO, OPPOSED,
MAYOR MACLAY AND MR. RHAME. MOTION FAILED. AGREEMENT NOT
APPROVED.
ITEM 9. ACCEPTANCE OF BEAUTIFICATION BOARD MEMBER'S
RESIGNATION AND RESOLUTION 76 -12 APPOINTMENT
OF BEAUTIFICATION BOARD MEMBER
MR. RHAME READ A LETTER OF RESIGNATION FROM BEAUTIFI-
CATION BOARD MEMBER MRS. RUBY-ANDERSON AND MOVED THAT THE
RESIGNATION BE ACCEPTED AND THAT A LETTER OF APPRECIATION BE SENT
TO MRS. ANDERSON. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
SINCE THERE WERE NO APPLICATIONS FOR FILLING THE VACANCY,
MR. RHAME MOVED THAT THE RESOLUTION OF APPOINTMENT BE POSTPONED
INDEFINITELY. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 10. DISCUSSION RE: SIGN ENFORCEMENT
MR. SALVAGGIO MOVED TO POSTPONE. MOTION FAILED FOR LACK
OF A SECOND. THIS ITEM PERTAINED TO COMPLAINTS REGARDING 13
SIGNS FROM THE MAYOR. MR. HURCK, BUILDING OFFICIAL, STATED THAT
NINE OF THESE COMPLAINTS HAD BEEN TAKEN CARE OF AND REVIEWED THE
LIST REPORTING THE STATUS OF EACH SIGN INVOLVED. MR. HURCK
FURTHER STATED THAT THE PROBLEM ON FOUR SIGNS HAD BEEN TURNED
OVER TO THE CITY ATTORNEY FOR HIS LEGAL ADVICE AS TO FURTHER
ACTION BY THE CITY.
ITEM 11. COUNCIL AUTHORIZATION FOR MEMBERSHIP FLORIDA
SHORE & BEACH PRESERVATION ASSOCIATION
MR. FRANCIS TOLD COUNCIL THAT THE COST FOR THIS MEMBERSHIP
HAD GONE UP FROM $50.00 TO $200.00.MR. SALVAGGIO MOVED THAT THE
CITY NOT CONTINUE THEIR MEMBERSHIP. MR. RHAME SECONDED THE MOTION.
SINCE IT WAS UNCLEAR AS TO THE FUNCTIONS OF THIS ASSOCIATION,
MR. FRANCIS WAS ASKED TO FIND OUT WHAT THE MEMBERSHIP MONEY WAS
SPENT FOR AND REPORT BACK TO COUNCIL. BY MOTION OF MR. RHAME
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SECONDED BY MAYOR MACLAY AND UNANIMOUS VOTE, THE ITEM! WAS POST-
PONED FOR ONE WEER.
ITEM 12. DISCUSSION RE: PARKING FOR HANDICAPPED PERSONS
MR. FRANCIS DISCUSSED THE LAW WHICH WOULD BECOME EFFECTIVE
JULY 1, 1976 REGARDING PARKING REQUIREMENTS AND RAMPS FOR HANDICAPPED
PERSONS. THE MAYOR MOVED THAT THE CITY MANAGER BE AUTHQRIZED TO
MAKE THE NECESSARY PROVISIONS AS REQUIRED BY LAW. MR. SALVAGGIO
SECONDED. MOTION CARRIED UNANIMOUSLY.
BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO, MEETING
ADJOURNED AT 12:00 MIDNIGHT.
APPROVED THIS 16TH DAY MARCH , 1976.
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MEMO
T0:- MAYOR AMID CITY 00UNCIL .
FROM: CITY KVt M FRANCIS
DATE: MARCH 9, 1976
RE: RECM242MMCNS M BALANCE 1975 -76 BU=
I submit the following. rl - mendaticns to Council in an effort
to try to balance the budget at this time. After careful review with. Mrs.
Osten, the following changes can be considered.
1) Account #514 (Elections) - could be reduced by $1,000.00
2) Account #1002 (Police Salaries) - could-be reduced by $2,500.00.
This action is possible because of the lifeguard monies which were
owed for 1975 and paid to the county this fiscal year. This. money
was paid from the contingency account. It was budgeted to be paid
out of Account #1002.
3) Account #1458 (Street Repairs) - could be reduced by $4,000.00
The $5,000.00 budgeted already is inadequate to make the necessary,
repairs needed on our streets, therefore no improv%ments' are planned
during this fiscal year. If an emergency would occur, we would face
that problem at that time.
4) Account #1456 (Storm Drainage) - is an " item x4bich can be deleted al-
together. We bane not had to use this account to any degree whatso-
ever in the past, therefore it is suggested that this amount -be phased
Out. $300.00
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MEMO
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5) Acct #1616 (Other It - Recreation) - this figure
applies to r 7ivemmits at the Tot Lot. located at the ball parks.
Tf necessaxy, this. ite n could probably be delayed -until the next
budget. $ 3.,-0 0 0.0 0
Total All Accts ....................$10,800.00
Needed. to Balance met ..............$ 7,800.00
An alternate to making- these cuts would be a reduction in persormel.
Mhere are only two areas where this could even be considered. One
area is the-Pollution Control Facility, .however, there is a general
feel.iag amongst.Council that monies derived at the Pollution Control
Facility morally should not be transferred to the General Fund for
other City needs. Therefore, this leaves the Police Departmnt.as the
only other area where cuts could be considered.. To do so, however,
would constitute a serious cutback in services because of the almost
certainty that we would lose our CErA,.personnel if such a move is iuple
mented. I would not recamiend finis action at this time due to the fact
that a mnbe r of working shifts are now dawn to two men and will bave to'
continue to operate at this level during the Wcoming vacation schedule.
The only other alternative Council has is to impose a fee of some type
to generate the monies needed. However, this is a matter for Council to
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