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Home My WebLink About05-04-1976 Regular Meetingd n MICROFILMED 4.24 -80. REGULAR MEETING CITY COUNCIL MAY 4, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MAY 4, 1976 AT CITY HALL, 105 POLIO AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR PRO TEM E. HARRISON RHAME. THE ROLL WAS CALLED BY THE CITY CLERIC. OFFICIALS PRESENT WERE: MAYOR PRO TEM. E. HARRISON RHAME, COUNCILMEN L.C'. NICHOLAS, G.J. SALVAGGIO AND MRS. ANN THURM; CITY MANAGER ALBERT J- FRANCIS, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERIC ANITA J. OSTROM, SGT. AT ARMS JAMES CANNON. MAYOR FRANKLYN P. MACLAY WAS ABSENT DUE TO ILLNESS IN HIS FAMILY. THE MINUTES OF REGULAR MEETING OF APRIL 27 AND THE EMERGENCY MEETING OF APRIL 29 WERE APPROVED. MAYOR PRO TEM RHAME READ A PROCLAMATION NAMING THE WEEK OF MAY 2 THRU MAY 8 AS PIETER J. LENIE WEEK AND PRESENTED MR. LENIE WITH A KEY TO THE CITY. UNFINISHED BUSINESS ITEM 1. ORDINANCE 8 -76RE: COMMERCIAL DEVELOPMENT _ ND READING MR. RHAME READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 17 -75 WHICH ESTABLISHED A COMMERCIAL DEVELOPMENT BOARD FOR THE CITY OE" CAPE CANAVERAL, BY AMENDING THE QUALIFICATIONS OF MEMBERSHIP OF SAID 'BOARD; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION.. MR. SALVAGGIO SECONDED MOTION. SOME DISCUSSION FOLLOWED REGARDING THE ADVISABILITY OF ALLOWING MEMBERSHIP ON BOARDS OF OUT OF THE CITY RESIDENTS. IT WAS FELT THAT THIS COULD BE LIMITED. VOTE ON THE ORDINANCE WAS AS FOLLOWS :' IN FAVOR, MR. NICHOLAS, MR. RHAME AND MR. SALVAGGIO, OPPOSED, MRS. THURM. MOTION CARRIED. ORDINANCE ADOPTED. ITEM 2. ORDINANCE 4 -76 RE: DISPOSITION OF ABANDONED MR. RHAME READ THE ORDINANCE ENTITLED: AN ORDINANCE PROVIDING FOR THE DISPOSITION OF ABANDONED, FOUND OR VALIDLY SEIZED PROPERTY L MICROFILMED 4 -24 -80 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. MR. NICHOLAS MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED MOTION. MR. SCOTT STATED THAT HE WOULD LIKE TO, DO ADDITIONAL WORK ON THIS ORDINANCE. MR. NICHOLAS MOVED TO POSTPONE THE ITEM FOR ONE WEEK. . MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. REVISION OF CURRENT BUDGET .MR. FRANCIS EXPLAINED THAT THE CITY BUDGET WAS-NOT IN DEFICIT AS YET BUT WOULD BE BY THE END OF THE FISCAL YEAR IF INCOME.AND EXPENDITURES.CONTINUED AT THE PRESENT RATE. MR. RHAME ALSO EXPLAINED THE CASH FLOW.PROBLEM-AND THE BANK'S. REFUSAL OF A LOAN TO THE CITY UNLESS THE DEFICIT PROBLEM WAS TAKEN CARE OF AT THIS TIME. MR. RHAME ASKED FOR SUGGESTED SOLUTIONS AND ASKED THE: CITY CLERK FOR FIGURES ON EMPLOYE LAY —OFFS THAT WOULD BE NECESSARY TO COVER THE PENDING DEFICIT. THIS WOULD REQUIRE CUTTING TOO MANY EMPLOYES TO EFFECTIVELY OPERATE THE CITY. MR. RHAME THEN PRESENTED TWO PLANS FOR RAISING REVENUE THRU GARBAGE FEES. ONE COVERED A 5— MO14TH PERIOD AND THE OTHER A 4 -MONTH PERIOD. MR. RHAME MOVED TO ADOPT THE 5 —MONTH PLAN WHICH INCLUDED AN ADDITIONAL $1.35 FEE FOR DWELLING UNITS AND $.50 PER CUBIC- -YEAS; PER _ COMMERCIAL CON- TAINERS.- MOTION DIED FOR LACK OF A SECOND. THERE WAS DISCUSSION BY COUNCIL ON THE ORDINANCE AND ON VARIOUS METHODS OF IMPOSING A GARBAGE FEE AND ALSO ON THE BANK'S REFUSAL TO ADVANCE FUNDS TO THE CITY. MR. BRENDAN DUFFEY, PRESIDENT OF THE-FIRST NATIONAL BANK, INFORME D COUNCIL THAT THE BANK FELT THAT THE CITY SHOULD NOT PUT OFF THEIR PROBLEM AND THE BOARD THOUGHT THAT IT WAS IN THE CITY'S BEST INTEREST NOT TO LOAN FUNDS UNTIL THE DEFICIT PROBLEM WAS SOLVED. MR. SAL1,7AGGIO MOVED THAT THE CITY IMPOSE A $3.00 MINIMUM GARBAGE CHARGE ON OCCUP ;ED-UNITS-ON THE BASIS OF THE TAX ROLL EFFECTIVE MAY 1, 1976. Da THM SEA- V07E MS AS FOLLOWS: IN FAVOR, MR. SALVAGGIO AND MRS. THUR140 OPPOSED, MR. NICHOLAS AND MR. RHAME. MOTION FAILED. MR. SALVAGGIO MOVED THAT APARTMENTS AND'MOBILE HOMES PAY AN ADDITIONAL $2.00 PER MONTH. MOTION FAILED FOR LACK OF A SECOND. MRS. THURM COUNCIL MINUTES 5 -4 -76 PAGE,2 OF 5 E 1 C MICROFILMED 4.24 -80 MOVED THAT A $2.00 PER MONTH FEE BE CHARGED APARTMENTS AND MOBILE HOMES LESS CREDIT FOR AD VALOREM TAX. MR. RHAME SECONDED THE MOTION. MOTION FAILED TO CARRY WITH ALL COUNCIL MEMBERS VOTING AGAINST. MRS. THURM THEN MOVED FOR A $3.00 MINIMUM FEE PER MONTH ACROSS THE BOARD ON OCCUPIED UNITS WITH A CREDIT ALLOWED FOR AD VALOREM TAX. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. NICHOLAS. MOTION CARRIED. MRS. THURM MOVED THAT THE BUDGET REVISION BE POSTPONED FOR ONE WEER. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. A RECESS WAS CALLED AT 9:45 P.M. MEETING RECONVENED AT 9:50 P.M. -NEW BUSINESS ITEM 1. RESOLUTION 76 -26 RE: PARATRANSIT SYSTEM MR. J. 0. THOMPSON, OF YELLOW TOP CAB COMPANY, EXPLAINED THE NEED FOR THIS RESOLUTION TO ASSIST IN OBTAINING A DEMONSTRATION GRANT FOR A CONSOLIDATED TRANSPORTATION SYSTEM IN THE AREA. MR. RHAME READ THE RESOLUTION ENTITLED: A RESOLUTION SUPPORTING THE EFFORT TO OBTAIN FEDERAL FUNDING OF A DEMONSTRATION GRANT TO EVALUATE THE PARA TRAM -IT CONCEPT IN'CAPE CANAVERAL AND CENTRAL BREVARD; URGING.BREVARD TRANSPORTATION STUDY GROUP TO CONSIDER CENTRAL BREVARD COMMUNITY PARATRANSIT SERVICE PROJECT PROPOSAL; URGING BREVARD COUNTY COMMISSIONERS TO IN- CORPORATE WITHIN TRANSPORTATION SYSTEM MOST EXTENSIVE USE OF PRIVATE ENTERPRISE, INCLUDING 24 HOUR TAXI SERVICE, TO SUPPORT ATTEMPT TO OBTAIN FEDERAL FUNDING FOR PILOT PARATRANSIT PROGRAM, TO GIVE SERIOUS CONSID- ERATION TO PARATRANSIT CONCEPT IN UPDATING TRANSPORTATION DEVELOPMENT PROGRAM; PROVIDING AN EFFECTIVE DATE MR. SALVAGGIO MOVED FOR ADOPTION. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND MRS..THURM, OPPOSED, MR. NICHOLAS. MOTION CARRIED, RESOLU- TION PASSED. ITEM 2. RESOLUTION 76 -27 RE: CONTRACT WITH TENNIS PRO MR. RHAME READ THE RESOLUTION ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO ENTER INTO AN AGREEMENT WITH..STEVEN THOMPSON TO PROVIDE TENNIS INSTRUCTION AT THE RECREATIONAL COMPLEX; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. THE QUESTION AROSE AS TO COUNCIL MINUTES 5 -4 -76 PAGE 3 OF.5 I011CROFILM.FO 4 -24 -80 CONTENT OF THIS CONTRACT AND WHETHER OR NOT IT HAD BEEN APPROVED BY THE RECREATION BOARD.. MR. NICHOLAS MOVED TO POSTPONE THIS CONTRACT FOR TWO WEEKS. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. PLANNED USE REPORT ENTITLEMENT PERIOD #7 JULY ly 1976 THRU DECEMBER 31, 1976 RE: FEDERAL REVEN"P ARARTNC. AT THE REQUEST OF THE CITY CLERK, THIS ITEM�WAS POST- PONED FOR ONE WEEK BY MOTION OF MR. NICHOLAS, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE. MR. SALVAGGIO MOVED FOR AN ADD -ON ITEM ORDINANCE-11-76. MRS-.THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR..NICHOLAS. MR. RHAME READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 5 -74, AS AMENDED, BY PROVIDING FOR GARBAGE FEES; ESTAB- LISHING A SCHEDULE OF GARBAGE FEES FOR SINGLE FAMILY RESIDENCES, CONDOMINIUMS, TRAILER PARRS, DUPLEXES, AND APARTMENTS AND COMMERCIAL CON- TAINERS; BY PROVIDING FOR A CREDIT FOR AD VALOREM TAXES PAID; BY REPEALING ALL PARTS OF THE CITY CODE IN CONFLICT THEREWITH; BY PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. MRS. THURM SECONDED MOTION. MRS, THURM MOVED TO DELETE THE COMMERCIAL CONTAINER CHARGE IN- TH"ITLE AND IN'SECTION 7 (A'. MR. SALVAGGIO SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. NICHOLAS. MR. NICHOLAS MOVED TO FURTHER AMEND SECTION 7 (D) BY CHANGING THE CODE CHAPTER FOR PENALTIES TO 801.04. MR. MUM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. RHAME AND MRS. THURM, OPPOSED, MR. SALVAGGIO. VOTE ON THE ORDINANCE, AS AMENDED, WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. NICHOLAS. MOTION CARRIED. FIRST READING APPROVED. MRS. THURM MOVED TO ADD ANOTHER ITEM TO THE AGENDA TO AUTHORIZE THE LIBRARY COPY MACHINE BE GIVEN TO THE COUNTY AT THE REQUEST OF THE LIBRARY. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION ITEMS MRS. THURM BROUGHT.TO.COUNCIL'S ATTENTION PENDING LEGISLATION WHICH SHE FELT THE CITY SHOULD OPPOSE; NAMELY, INCWASED MANDATORY COUNCIL MINUTES 5 -4 -76 PAGE 4 OF 5 1 LJ f MICROFILMED 4.24.80 Poixcn�s FOR ' FnM= AND POL aMM ERE $200,000 70 $50,000 AND r= FINANCIAL DISCLOSURE -BILL WHICH, IF PASSED, WOULD MAKE IT VERY DIFFICULT TO GET PEOPLE TO SERVE ON CITY BOARDS. SHE ASKED THAT THE CITY CLERK MAKE UP A SAMPLE LETTER FOR ALL CITY OFFICIALS AND BOARD MEMBERS TO SIGN AND SEND TO SENATOR WILSON OPPOSING THIS BILL. MR. NICHOLAS ASKED ABOUT ROAD AND BRIDGE FUNDS WHICH THE CITY RECEIVED IN PREVIOUS YEARS AND ASKED THE CITY CLERK TO GET INFORMATION REGARDING THIS. HE ALSO ANNOUNCED THE MIKE PAGE DEFENSE FUND RUMMAGE SALE AND FISH FRY FOR SUNDAY, MAY 9 BEGINNING AT 12:00 NOON IN FRONT OF THE AEROSPACE COMPLEX. MR. NICHOLAS STATED THAT AS YET THERE WAS NO NEW LIST AT THE POLICE DEPARTMENT OF THOSE PERSONS.AUTHORIZED TO GET A KEY TO CITY HALL. MR. FRANCIS STATED THAT TWO MEMOS WERE SENT TO THE POLICE DEPARTMENT REGARDING THIS. MR. FRANCIS ANNOUNCED THAT THE FEDERAL GRANT FUNDS FOR MANAGEMENT STUDY WOULD BE ALLOCATED IN JULY COVERING THE CITY'S PROPOSED STUDY. HE ALSO STATED A MEETING HAD BEEN HELD WITH JUDGE PROPPER REGARDING THE FINES AND FORFEITURES AND REVEIVABLES FROM THE CITY COURT. BY MOTION OF -MR. SALVAGGIO, SECONDED BY MRS. THURM,'`THE MEETING WAS'0.ADJOURNED AT 11:05 P.M. APPROVED THIS DAY OF , 1976. f. COUNCIL MINUTES 5 -4 -76 PAGE 5 OF 5