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Home My WebLink About03-23-1976 Regular MeetingREGULAR MEETING MICROFILMED 4.24.80 CITY COUNCIL MARCH-231 1976 A REGULAR MEETING OF THE CITY.COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON'MARCH 23, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. MACLAY. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR FRANKLYN P. MACLAY, COUNCILMEN L.C., NICHOLAS.AND MRS. ANN THURM; CITY MANAGER ALBERT J. FRANCIS,. CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS VIRGIL FITCH. DUE TO OUT OF CITY BUSINESS, MR. RHAME ARRIVED AT 5:25 P.M. ALSO, DUE TO BUSINESS MR. SALVAGGIO WAS NOT IN ATTENDANCE. THE MINUTES OF MARCH 16 MEETING WERE APPROVED AS READ.. UNFINISHED BUSINESS ITEM 1. RESOLUTION 76 -13 RATE INCREASE T.V. CABLE MRS. THURM MOVED TO POSTPONE THIS ITEM TO THE END OF THE AGENDA. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE 4 -76 DISPOSITION OF PROPERTY ST READING MR. SCOTT TOLD COUNCIL THAT AN OUTLINE HAD BEEN PREPARED FOR THIS ORDINANCE AND NEEDED FURTHER WORK. HE REQUESTED THAT THIS ITEM BE POSTPONED. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. NICHOLAS AND UNANIMOUS VOTE, FIRST READING WAS POSTPONED TO THE NEXT REGULAR MEETING. ITEM 3. RESOLUTION 76- APPOINTMENT OF LIBRARY MRS. THURM MOVED THAT THIS ITEM BE POSTPONED UNTIL AFTER THE APRIL MEETING OF THE LIBRARY BOARD. THIS DATE WOULD BE APRIL*20. MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITER 1. ATTORNEY'S' REPORT Rt: 82GN.9 AND. ZONING MATTERS • MR. SCOTT REPORTED TO COUNCIL ON THREE ALLEGED ILLEGAL SIGNS: NAMELY, AEROSPACE MANAGER, AMERICAN REALTY MICROFILMED 4 -24 -8a AND DR. ROBBEN. HE STATED THAT THESE -SIGNS HAD BEEN ERECTED APPROXIMATELY THREE YEARS AGO AFTER HAVING BEEN ISSUED PERMITS BY THE CITY. HE STATED THAT THE SIGNS WERE ONLY A FEW FEET WITHIN THE UTILITY LINES AND THAT THE STATE ROAD DEPARTMENT WAS NOT CONCERNED ABOUT THEIR LOCATION. MAYOR MACLAY MOVED THAT THE CITY PROSECUTOR PROCEED TO BRING.THE VIOLATORS INTO CITY COURT. MR. NICHOLAS SECONDED.THE MOTION. MUCH DISCUSSION FOLLOWED BY THE COUNCIL, CITY ATTORNEY AND THE CITY MANAGER REGARDING THE POSSIBLE.COURT ACTION AGAINST THE CITY SHOULD THE CITY REMOVE THESE SIGNS OR GET INVOLVED IN COURT,SUITS. IT WAS BROUGHT OUT THAT A NEW SIGN ORDINANCE WAS BEING PRE- PARED FOR BETTER CONTROL OF SIGNS IN THE CITY. VOTE ON THE MOTION FOR PROSECUTION WAS AS FOLLOWS: IN FAVORp MAYOR MACLAY, OPPOSED MR. NICHOLAS AND MRS. THURM. MOTION FAILED. MR. SCOTT THEN REPORTED ON THE FOLLOWING BUILDING PERMITS: 1. WILLIAM SKINNER — OCEAN FRONT HOME WHICH WAS BUILT COMPLETELY DIFFERENT FROM THE PLANS AND PERMIT ISSUED. THE BUILDING OFFICIAL, MR. HURCK, READ &-COMPLETE HISTORY WHICH HE HAD PREPARED ON THIS BUILDING. 2. MILTON PATRICK BUILDING PERMIT 2183 — MR. SCOTT READ A REPORT FROM MR. HURCK REGARDING AN ACCESSORY BUILDING NOT IN CONFORMANCE WITH THE ZONING ORDINANCE AND HAVING NO PERMIT ISSUED NOR FINAL INSPECTION, 3. PERMITS TO DAVID WILSON — THIS PROPERTY HAS AN UNFINISHED BUILDING.. IT WAS DETERMINED BY TALKXNG _.- -WITH MR. HURCK AND WALTER ROSE, ATTORNEY, THAT THIS PROPERTY WAS BEING SOLD AND THAT THE SITUATION WOULD RESOLVE ITSELF. 4. RALPH BROWNING SERVICE STATION — MR. SCOTT STATED THAT THERE WAS NO SERVICE STATION AS ALLOWED BY THE BOARD OF ADJUSTMENT ON THIS PROPERTY. IT.CONTAINED A RADIATOR SHOP AND TRAILER RENTAL. MR. SCOTT WILL FOLLOW THRU TO CORRECT THESE PERMIT VIOLATIONS. MR. RHAME ARRIVED AT 8:25 P.M. ITEM 2. COUNCIL AUTHORIZATION RE: JUDGE PROPPER'S ATTENDANCE AT T FLORIDA COURT CONFERENC JUDGE PROPPER HAD REQUESTED PAYMENT BY THE CITY OF A $30.00 REGISTRATION FEE FOR THE FLORIDA JUDGES' ASSOCIATION MR. NICHOLAS MOVED TO APPROVE THIS PAYMENT. MAYOR MACLAY SECONDED MOTION.. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACyAYf_ MR. NICHOLAS AND MR. RHAMEo OPPOSED, MRS. THURM. MOTION CARRIED. COUNCIL MINUTES PAGE 2 OF 3 3 -23 -76 UNFINISHED BUSINESS MtCROFILN(ED -4- . . ITEM 1. RESOLUTION 76 -13 RATE INCREASE T.V. CABLE 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. MR. RHAME MOVED FOR ADOPTION. MRS. THURM SECONDED. MR. SCOTT AGAIN WENT OVER THE LEGAL POSSIBILITIES IF THIS CASE WERE TO GO TO COURT. VOTE ON THE MOTION WAS "AS FOLLOWS: IN FAVOR, MR. RHAME AND MRS. THURM, OPPOSED MAYOR MACLAY-AND MR. NICHOLAS. MOTION FAILED. MR. RHAME MOVED TO ADD AN ITEM TO THE AGENDA SETTING A SPECIAL MEETING FOR TUESDAY, MARCH 30 TO AGAIN.CONS`IDER THIS RESOLUTION AND SETTING A MEETING OF THE CHARTER REVISION COMMITTEE,, MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS`";.` IN FAVOR, MAYOR MACLAY, MR.RHAME AND MRS. THURM. OPPOSED MR, NICHOLAS, MOTION CARRIED. DISCUSSION ITEMS MR. FRANCIS READ A REPORT FROM CHIEF TWEED REGARDING TRUCKS ON CITY STREETS AND PRESENTED A PROPOSED ORDINANCE TO CONTROL THIS PROBLEM. MR. NICHOLAS ASKED THE STATUS OF A PLAN FOR POLICE PRO- TECTION AT THE PORT. MR. SCOTT SAID THAT IT WAS STILL NOT CLEAR AS TO WHETHER OR NOT THE CITY COULD DO THIS AND THEY WERE AWAITING AN ATTORNEY GENERAL'S OPINION. MAYOR MACLAY READ A LETTER FROM THE FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION AND ASKED THAT'THIS ITEM BE PLACED ON THE AGENDA AGAIN ON APRIL 6. MRS. THURM GAVE A COMPREHENSIVE REPORT ON THE WATER MANAGEMENT COMMITTEE ACTIVITY TO DATE TO EXPLAIN THE-STRUCTURE OF'THE VARIOUS COMMITTEES AND THE IMPORTANCE OF THIS STUDY TO ALL THE CITIES. BY MOTION OF MR. NICHOLAS, SECONDED BY MAYOR MACLAYr THE MEETING WAS ADJOURNED AT 9:15 P.M. APPROVED THIS 13 DAY OF APRIL , 1976, MAYOR COUNCIL MINUTES PAGE 3 OF 3 3 -23 -76