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Home My WebLink About05-18-1976 Regular Meeting1 I 1 1 MICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL MAY 18, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MAY 18, 1976 AT CITY HALL 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:32 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. MACLAY. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS a � y • .. < PRESENT WERE: MAYOR F.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 MAY 11 WERE APPROVED AS READ. THE APRIL TREASURER'S REPORT WAS FILED FOR AUDIT. UNFINISHED BUSINESS ITEM 1. ORDINANCE 4-76 •RE:' •DI'SP•OSAI; OF* ABANDONED,, FOUND OR MR5 PROPERTY ND READING _- 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 HERE- WITH; PROVIDING AN EFFECTIVE DATE. A MOTION WAS ON THE FLOOR FOR ADOPTION OF THIS ORDINANCE FROM A PRIOR MEETING. MR. NICHOLAS MOVED TO AMEND SECTION 11 AFTER'THZ WORD-*REPEALED'BY ADDING THE FOLLOWING, EXCEPT FOR THE PROVISIONS IN CHAPTER 675 WHICH SHALL BE CUMULATIVE TO THE .. REMEDIES PROVIDED FOR IN THIS CHAPTER.n.. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY VOTE ON THE AMENDMENTS, AS PRESENTED BY MR. SCOTT,,WAS UNANIMOUS. VOTE-ON THE MAIN MOTION WAS UNANIMOUS. ORDINANCE, AS AMENDED, WAS ADOPTED. y MR. SCOTT REQUESTED THAT THE CHIEF OF POLICE BE -FURNISHED A COPY OF THE ORDINANCE AND THAT THE CITY CLERK ESTABLISH PROCEDURES FOR IMPLEMENTATION. ITEM 2. RESOLUTION 76 -27 RE: CONTRACT FOR TENNIS PRO 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. MICROFILMED 4 =24 -80 THIS RESOLUTION HAD BEEN READ AT A PRIOR MEETING, MRS. THURM TOLD COUNCIL THAT THE RECREATION BOARD HAD APPROVED THE CONTRACT WITH THE TENNIS PRO. VOTE ON THE MOTION FOR ADOPTION WAS UNANIMOUS. RESOLUTION ADOPTED. ITEM 3. RESOLUTION 76 -29 RE : REQUESTING PORT ESTABLISH FACILITIES FOR SHIPS' BILGES A RESOLUTION REQUESTING THE.CANAVERAL PORT AUTHORITY TO ESTABLISH FACILITIES FOR SHIPS USING THE PORT OF CANAVERAL TO DUMP THEIR PkTROILEUM'BASTE PRODUCTS TO PREVENT THEM FROM BEING DUMPED AT SEA; PROVIDING AN EFFECTIVE DATE. E , THIS RESOLUTION AND AN AMENDMENT WERE ON THE FLOOR FROM A PRIOR MEETING. MAYOR MACLAY.TOLD COUNCIL OF HIS CONVERSATIONS WITH OFFICERS OF -THE COAST GUARD. HE'STATED THAT COMMANDER HANSON, IN JACKSONVILLE, HAD SUGGESTED A MEETING WITH CAPTAIN MURDOCK REGARDING THE FACILITY.REQUESTED. VOTE ON THE AMENDMENT TO SECTION 1 WAS AS FOLLOWSa IN FAVORS MR. NICHOLAS, MR. RHAME, MR. SALVAOGIO AND MRS. THURM. OPPOSEDp MAYOR MACLAY. AMENDMENT CARRIED. VOTE ON THE RESOLUTIONt AS AMENDED, WAS UNANIMOUS. RESOLUTION ADOPTED. MAYOR MACLAY IS TO PREPARE A COVER LETTER TO GO WITH COPIES OF THIS RESOLUTION TO THE PROPER AUTHORITIES. ITEM 4. ORDINANCE 9-76-RE: TRUCKS ON STREETS MR. SCOTT READ THE ORDINANCE ENTITLED: AN ORDINANCE ESTABLISHING CHAPTER 685 OF THE CODE OF THE CITY.OF.CAPE CANAVERAL, FLORIDA ENTITLED -TRUCK TRAFFIC ORDINANCE," AN ORDINANCE ESTABLISHING TRUCK ROUTES IN THE CITY; DESIGNATING CERTAIN OTHER STREETS IN THE CITY -FOR TRUCK TRAFFIC; PROVIDING FOR ENFORCEMENT; PRESCRIBING PENALTIES FOR VIOLATION OF PROVISIONS; REPEALING ALL PARTS OF CITY C'ODE OR ORDINANCES OR PARTS-OF ORDINANCES IN CON- FLICT; ESTABLISHING AN EFFECTIVE DATE. MAYOR MACLAY MOVED FOR ADOPTION. MR. SALVAOGIO SECONDED. AFTER DISCUSSION AS TO THE NECESSITY OF THIS ORDINANCE, COST OF ENFORCEMENT AND THE PART IT WOULD PLAY IN THE COMPREHENSIVE PLAN, MR. NICHOLAS MOVED THAT THE ORDINANCE BE SUBMITTED TO THE PLANNING AND ZONING BOARD AND THE CHIEF OF POLICE FOR THEIR COMMENTARIES PRIOR TO ADOPTION. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, MR. RHAME AND MR. SALVAGGIO, OPPOSED MRS. THURM. MOTION CARRIED. COUNCIL MINUTES 5 -18 -76 PAGE 2 OF 5 1 MICROFILNVED 4 -24 -80 NEW BUSINESS ITEM 1. ORDINANCE 12 -76 RE: BUILDING PERMIT FEES FOR GARAGES, CARPORTS, ENCLOSED PATIOS OR PORCHES AND BASEMENTS 1ST READING MR. FRANCIS EXPLAINED THE NEED FOR THIS ORDINANCE. MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 547, BUILDING PERMIT FEES, AS AMENDED, BY AMENDING THE. BUILDING PERMIT FEE-SCHEDULE,.BY =AMENDING. -THE VALUATION FOR RESIDENTIAL BUILDING PERMIT FEES; REPEALING ALL SECTIONS OF THE CITY CODE71N CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. BY.MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. ITEM '2 ORDINANCE RE: BUILDING PERMIT FEES AM MING \rViJ,CI .7J:/\riiVL\ .f7 / . Vi ,caf tom! ITEM 3. ORDINANCE RE: ADOPTION OF S.S. SWIMMING POOL CODE - 1974 EDITION AT THE REQUEST OF THE CITY ATTORNEY, ITEMS 2 AND 3 WERE COMBINED. MR. SCOTT PRESENTED AN ORDINANCE COXBINING Q ITEMS ORDINANCE 13 -76 RE: SWIMMING POOL CODE AND PERMITS MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ADOPTING THE SOUTHERN STANDARD SWIMMING POOL CODE; REPEALING PROVISION FOR ,TSWIMMING POOL BUILDING PERMIT FEES IN CHAPTER 547 OF THE CITY CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT THEREWITH, PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. MRS. THURM SECONDED THE MOTION. MR. NICHOLAS MOVED TO AMEND BY DELETING SECTION 2, AS WRITTEN, AND INSERTING SECTION 2 TO READ, "PERMIT FEES FOR SWIMMING POOL CONSTRUCTION SHALL BE AS SET FORTH IN THE SWIMMING POOL CODE AS HEREIN ADOPTED." MR. RHAME SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. RHAMEr MR. SALVAGGIO AND MRS. THURM, OPPOSED,MAYOR MACLAY. AMENDMENT CARRIED. VOTE ON THE ORDINANCE, AS AMENDED, WAS UNANIMOUS. FIRST READING APPROVED. ITEM 4. DISCUSSION RE: POLITICAL SIGNS MR. FRANCIS WENT OVER THE EXISTING REGULATIONS FOR POLITICAL SIGNS DUE TO QUESTIONS HE HAD RECEIVED FROM CITIZENS, MR.-SCOTT IS TO DO SOME RESEARCH AND REPORT BACK TO COUNCIL. MRS. THURM STATED THAT THE NEW SIGN ORDINANCE WILL BE COUNCIL MINUTES 5 -18 -76 PAGE 3 OF 5 MICROFILMED 4.24 -80 COMPLETE RIGHT AFTER JUNE 1. NO ACTION ON THIS ITEM. ITEM 5. DISCUSSION RE: TREE PROTECTION ORDINANCE MR. FRANCIS READ A LETTER FROM THE BUILDING OFFICIAL s SETTING OUT PROBLEMS ENCOUNTERED WITH THE TREE ORDINANCE. MR. HURCK STATED THAT THERE-WAS NO PROVISION FOR REMOVAL OF DEBRIS FROM LARGE TREES. THE CITY ATTORNEY FELT THAT THIS PROBLEM WAS COVERED IN THE GARBAGE AND TRASH PROVISIONS FOR INDUSTRIAL WASTE WHICH INCLUDES LAND CLEARING. NO ACTION TAKEN. G ITEM 6. DISCUSSION RE: MAINTENANCE OF TRAFFIC LIGHTS MR. SCOTT READ HIS MEMORANDUM TO COUNCIL STATING THAT THE CITY HAD AGREED TO HANDLE THE MAINTENANCE AND'OPERATING PROBLEMS OF THREE TRAFFIC LIGHTS IN THE CITY AND THAT THE COUNTY WAS TO SERVICE THE ONE AT HOLMAN ROAD. MR. RHAME THANKED MR, SCOTT FOR HIS RESEARCH AND CLARIFICATION. MR. FRANCIS TOLD COUNCIL THAT A COPY OF THE AGREEMENT SIGNED BY THE STATE ROAD DEPART- MENT WOULD BE FORTHCOMING FROM TALLAHASSEE- DISCUSSION ITEMS - MR. FRANCIS REPORTED ON THE FOLLOWING: RAIL SPUR - MR. FRANCIS SAID THAT PLANS FOR kU.ENti0N CP TM RAIL SPUR TO � PORT WERE GOING FORWARD. EXACT LOCATION HAS -NOT YET BEEN DETERMINED. LIFEGUARD PROGRAM - THE CITY MANAGER.`_ WAS TOLD-BY MR. MC--'MULLIN,..COUNTY COORDINATOR, THAT THE CITY'S ALLOCATION HAD. BEEN CUT TO $1,40010,601` COVERING ONE LIFEGUARD STATION, MR. RHAME ASKED THAT THIS ITEM BE PLACED ON THE NEXT AGENDA. PBA CONTRACT ° THE CITY MANAGER REPORTED THAT ANEW SOON PROPOSAL WILI,BE PRESENTED^FROM THE P.B.A. FOR NEGOTIATIONS. PORT MEETING MR. FRANCIS ANNOUNCED A MEETING SET FOR WEDNESDAY, MAY 26, AT THE PORT WITH GEE AND JENSON AND OUR CITY ENGINEER. MAYOR MACLAY ASKED THAT THE CITY "S PORT STUDY COMMITTEE MEET WITH MR. THAYER AFTER THE PORT MEETING.'' BICENTENNIAL COMMITTEE ° THE CITY MANAGER TOLD COUNCIL OF THE PROBLEMS OF GETTING MEMBERS TO SERVE ON THE BICENTENNIAL COMMITTEE AND ASKED THAT THE COUNCIL CONSIDER DISOLVING THIS COMMITTEE AND WORKING WITH COCOA BEACH ON THE BICENTENNIAL PROJECT. THIS ITEM TO BE ON THE NEXT AGENDA, COUNCIL MINUTES 5 -18 -76 PAGE 4 OF 5 1 I 1 - MICROFILMED 4.24 -80 MRS. THURM REPORTED ON THE STATUS OF THE B�O.D. AT THE SEWER PLANT AND CONGRATULATED MR. MEHAL ON HIS SUPERVISION AND UPGRADING OF THE CONDITIONS AT THE PLANT. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, MEETING ADJOURNED AT 9:30 P.M. APPROVED THIS 25 DAY OR MAY j-1976.- MAYOR PRO TEM ITY CLERV COUNCIL MINUTES 5 -18 -76 PAGE-5 OF 5