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Home My WebLink About04-13-1976 Regular Meetingr REGULAR MEETING CITY COUNCIL APRIL 13, 1976 MICROFILMED 4.24 -80 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON APRIL 13, 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 AND MRS. ANN THURM; CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM. SGT. AT ARMS JAMES CANNON. COUNCILMAN G.J. SALVAGGIO WAS ABSENT DUE TO OUT OF TOWN BUSINESS. CITY MANAGER ALBERT J. FRANCIS WAS ABSENT DUE TO ILLNESS. PRESENTATION OF BICENTENNIAL CERTIFICATE MID BANNER BY BICENTENNIAL CHAIRMAN MR. HOUSNER MR. BUD HOUSNER, COUNTY CHAIRMAN BICENTENNIAL COMMITTEE, PRESENTED A CERTIFICATE AND BICENTENNIAL FLAG TO THE CITY AND STATED THAT WE WERE THE FIFTEENTH CITY IN THE COUNTY TO RECEIVE THIS OFFICIAL RECOGNITION. MAYOR MACL2�Y THANKED. -MR. HOUSNER FOR HIS - PRESENTATION, THE MINUTES OF REGULAR MEETING OF MARCH 23 AND SPECIAL MEETINGS OF MARCH 30 AND APRIL 1 WERE APPROVED AS READ. UNFINISHED BUSINESS ITEM 1. ORDINANCE 4 -76 RE: DISPOSITION OF PROPERTY 1ST READING MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE PROVIDING FOR THE DISPOSITION OF ABANDONED, FOUND OR VALIDLY SEIZED PROPERTY IN THE POSSESSION OF THE CAPE CANAVERAL POLICE DEPARTMENT; REPEALING ALL ORDINANCES OR SECTIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. NICHOLAS, SECONDED BY MR. RHAME AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. ITEM 2. ORDINANCE 5 -76 RE: BYLAWS COMMERCIAL DEVELOP- MENT BOARD (2ND READING) 0 f MICROFILMED 4 -24 -80 k MAYOR MACLAY READ THE ORDINANCE ENTITLED: AN ORDINANCE ESTABLISHING BYLAWS FOR THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. RHAME SECONDED THE.MOTION. COUNCIL SUGGESTED SOME CHANGES TO THESE BYLAWS AND IT WAS DETERMINED THAT BYLAWS WOULD BE EFFEC- TIVE IN RESOLUTION FORM. BY MOTION OF MR. RHAME, SECONDED BY MRS. THURM AND 'UNANIMOUS VOTFy THIS ORDINANCE WAS TABLED. A RESOLUTION COVERING BYLAWS WILL BE PLACED ON A LATER AGENDA. ITEM 3. ORDINANCE 6 -76 RE:` REVISED PERMIT' MAYOR MACLAY READ THE ORDINANCE ENTITLED: ANNUAL 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. MR: NICHOLAS MOVED FOR ADOPTION. MAYOR MACLAY SECONDED MOTION. THIS ORDINANCE WAS FOUND.TO NEED REVISION TO CLARIFY PARTS AND TO ADD METHODS OF IMPLEMENTATION AND ENFORCEMENT. MAYOR MACLAY MOVED TO POSTPONE SECOND READING FOR ONE WEER. MR. RHAME SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. ORDINANCE 7 -76 RE: LIBRARY MAIL AMENDING CITY D ND READING MAYOR MACLAY READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING CHAPTER 203 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, WHICH ESTABLISHED A UNIFORM PUBLIC RECORDS PROCEDURE, BY PROVIDING THAT THE CAPE CANAVERAL PUBLIC LIBRARY SHALL BE EXEMPT FROM PROVISIONS OF SAID CHAPTER;.REPEALING ALL SECTIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, ORDINANCE WAS ADOPTED. NEW BUSINESS . E IN ITEM 1. RESOLUTION 76 -17 RE: PLANNING & ZONING BOARD MEMBER RESOLUTION RE: APPOINTMENT OF PLANNING & ZONING BOARD MEMBERS MAYOR MACLAY READ RESOLUTION 76 -17 ENTITLED: A RESOLUTION REMOVING A MEMBER FROM THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. COUNCIL MINUTES 4 -13 -76 PAGE•2 OF 5 fl 1 e MICROFILMED 4.24 -80 MR. NICHOLAS MOVED FOR ADOPTION. MRS. THURM SECONDED MOTION. MR. WOLEVER, CHAIRMAN OF PLANNING AND ZONING BOARD, TOLD COUNCIL THAT MR. JEFF RENAULT WAS AWARE OF THIS ACTION BUT HAD NOT BEEN CONTACTED PERSONALLY. COUNCIL ASKED THAT MR: WOLEVER CONTACT MR. RENAULT PRIOR TO ADOPTION OF THIS RESOLUTION. BY MOTION OF MR. NICHOLAS, SECONDED BY MAYOR MACLAY AND UNANIMOUBP VOTE, RESOLUTION 76 -17 WAS POSTPONED FOR ONE WEEK. MR. RHAME MOVED THAT RESOLUTION 76 -18 ALSO BE- POSTPONED FOR ONE WEEK. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. DISCUSSION RE: PLANNING & ZONING BOARD'S RECOMMENDATION MINIMUM OPEN SPACE REQUIRE MR. WOLEVER READ TO COUNCIL THE PLANNING & ZONING BOARD'S RECOMMENDATION FOR THE AMENDMENT AND EXPLAINED THE BOARD'S THINKING ON THE SUBJECT. SOME DISCUSSION FOLLOWED ON THE PROPOSED AMENDMENT BEING DISCRIMINATORY AND SINCE MORE AMENDMENTS WILL BE FORTHCO14ING FROM THE PLANNING & ZONING BOARD, NO ACTION WAS TAKEN AT THIS TIME. ITEM 3. ORDINANCE 8 =76 RE: COMMERCIAL DEVELOPMENT BOARD AMENDING ORD. 1 -7 ST READING MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE_ AMENDING ORDINANCE NO. 17 -75 WHICH ESTABLISHED' A COMMERCIAL DEVELOPMENT BOARD FOR THE CITY OF CAPE CANAVERAL, BY AMENDING THE QUALIFICATIONS OF MEMBERSHIP OF SAID BOARD; PROVIDING AN EFFECTIVE DATE. - MR. NICHOLAS MOVED FOR ADOPTION. MR. RHAME SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS AND MR. RHAME, OPPOSED MRS. THURM. MOTION CARRIED# FIRST READING APPROVED. ITEM 4. RESOLUTION 76-19 APPOINTMENT OF COMMERCIAL DEVELOPMENT BOARD MEMBER MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD; PROVIDING AN EFFECTIVE DATE. MR. RHAME MOVED TO ADOPT THE RESOLUTION AFTER AMENDING THE TITLE TO READ "ALTERNATE MEMBER" AND INSERTING THE COUNCIL MINUTES 4 -13 -76 PAGE 3 OF 5 MROFILMED 4 -24 °90 NAME OF MARILYN RIGERMAN AND THE DATE OF THE TERM OF OFFICE SEPTEMBER 23, 1977 IN SECTION 1. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. RESOLUTION, AS AMENDED, WAS ADOPTED. ITEM 5: COUNCIL'S RECONSIDERATION RE: REPLACING TWO POLICEMEN 3 NO ACTION TAKEN ON THIS ITEM. ITEM 6. REVIEW ACTION RE: DISPATCHERS IN P.B.A. MR. SCOTT INFORMED COUNCIL THAT HE HAD ATTENDED P.E.R.C. HEARING AND THAT A MOTION HAD BEEN PASSED TO INCLUDE DISPATCHERS IN THE P.B.A. AND .EXCLUDE CHIEF, LIEUTENANTS, SCHOOL GMPMS AND CADETS. NO ACTION TMW ON THIS ITEM. ITEM 7. FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION MAYOR MACLAY MOVED THAT THE CITY KEEP THEIR MEMBERSHIP IN THIS ASSOCIATION BY PAYING THE $200.00 FEE. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. COUNCIL AUTHORIZATION RE: CITY HALL REMAINING OPEN FROM 0 TO--T--.O FOR VOTERS REGISTRATION APRIL BY MOTION OF MR. RHAME, SECONDED BY MRS.. THURM AND UNANIMOUS VOTE, ADDITIONAL CITY HALL HOURS WERE APPROVED. IT2M 9. ORDINANCE 9 -76 RE: TRUCKS ON STREETS (1ST READING) AT THE REQUEST OF THE CITY ATTORNEY, MAYOR MACLAY MOVED THAT THIS ITEM BE POSTPONED FOR TWO WEEKS. MRS. THURM SECONDED MOTION: MOTION CARRIED UNANIMOUSLY. ITEM 10. RESOLUTION 76 -20 REQUEST TO LEGISLATURE RE: ABOLISHMENT OF MUNICIPAL COURTS. MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION CALLING FOR A REFERENDUM ON ARTICLE.V OF THE FLORIDA STATE CONSTITUTION FOR THE PURPOSE OF DELAYING THE ABOLISHMENT OF MUNICIPAL COURTS; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. DISCUSSION MR. NICHOLAS ASKED THAT THE CITY SEND A LETTER TO THE BICENTENNIAL C014MITTEE THANKING THEM FOR THE CERTIFICATE AND FLAG. COUNCIL MINUTES 4 -13 -76 PAGE 4 OF 5 1 1 1 . r DISCUSSION ITEM.&S (CONTINUED) MICROFILMED 4.24.80 MRS. THURM REPORTED THAT MRS. DOERER, PRESIDENT OF FLORIDA LEAGUE, HAD TALKED TO MR. BERT MICHAELS, FLORIDA LEAGUE OF CITIES ATTORNEY, AND HE INFORMED HER THAT THE, CITIES ARE ENTITLED.TO HAVE A REPRESENTATIVE FROM THE CITY ATTEND THE BUDGET WORKSHOP OF THE COUNTY AND BE A PART OF THE BUDGET MAKING PROCESS. MR. SCOTT REPORTED THAT THE SUIT FROM BARNETT BANK REGARDING SPANISH COVE PROPERTY HAD BEEN DISMISSED, ALSO, HE HAD MET WITH MR. STEVE THAYER REGARDING THE SEWERAGE PROBLEMS AT THE PORT AND ANNOUNCED A MEETING AT CITY HALL ON WEDNESDAY MORNING, AT 11:00 A.M. WITH THE PORT ENGINEERS. THE CITY CLERK REPORTED ON A PRESS LUNCHEON ANNOUNCING =a ANEW BUSINESS, NORTH EASTERN ELECTRIC COMING INTO THE CITY OF CAPE CANAVERAL TO BE LOCATED IN THE OLD LOCKHEED BUILDING. A LETTER IS TO BE SENT WELCOMING THIS ORGANIZATION TO THE CITY. MR. JAMES MEEK ASKED THAT COUNCIL CONSIDER AN AMENDMENT e TO THE TAXI ORDINANCE DUE TO THE OUTDATED FEE SCHEDULE. MR. SCOTT WILL PREPARE THIS AMENDMENT.. MRS. THURM REPORTED ON THE STATUS OF THE SEWER PLANT AND ,Z COMPLIMENTED MR. MEHAL ON THE OPERATION. MAYOR MACLAY QUESTIONED THE FACT THAT MR. NICHOLAS' NAME HAD APPEARED NUMEROUS TIMES IN THE NEWSLETTER REGARDING ACTIONS OF COUNCIL. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, MEETING ADJOURNED AT.10:25 P.M. APPROVED THIS 20TH DAY OF APRIL. 1976. au, �-- jaz��-� CITY CLE COUNCIL MINUTES 4 -13 -76 PAGE 5 OF 5