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HomeMy WebLinkAbout09-07-1976 Regular MeetingMICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL SEPTEMBER 7, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 7, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING.WAS CALLED TO ORDER AT 7 :32 .BY MAYOR LEO C. NICHOLAS. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: COUNCILMAN -P.M. HOOG, J.L. MURPHY, MAYOR L.C� NICHOLAS, COUNCILMAN G.J. SALVAGGIO AND COUNCILWOMAN ANN H. THURM; CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS VIRGIL FITCH. CORRECTED. THE MINUTES OF AUGUST 17 MEETING.WERE APPROVED AS ON WORKS EMPLOYMENT PROGRAM THE CITY ENGINEERS WERE UNABLE TO ATTEND THIS MEETING. MR. SCOTT GAVE A BRIEF REPORT ON THE PUBLIC WORKS PROGRAM'AND STATED HE WOULD HAVE A FULL OUTLINE TO PRESENT TO COUNCIL AT THE NEXT WORKSHOP. UNFINISHED BUSINESS ITEM -1. ORDINANCE NO. 18 -76 AMENDING TAXI ORDINANCE CITY CODE CHAPTER 725 ND READING MAYOR NICHOLAS READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 725 OF THE CODE OF _ THE CITY OF CAPE CANAVERAL, FLORIDA, "TAXI REGU- LATIONS",, BY AMENDING THE PROCEDURE FOR ISSUANCE OF TAXI DRIVER'S PERMIT; BY PROVIDING FOR SCHEDULE OF RATES TO BE ADOPTED BY RESOLUTION; BY AMENDING PROVISIONS FOR VEHICLE INSPECTION AND SAFETY REGU- LATIONS; REPEALING ALL SECTIONS OF THE CODE IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. MRS. THURM SECONDED MOTION. MR. SALVAGGIO MOVED TO AMEND IN SECTION 1 BY CHANGING THE REQUIRED FEE FROM $3.00 TO $10.00. MR. HOOG SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. MURPHY, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. NICHOLAS. MOTION CARRIED. VOTE ON THE ORDINANCE, AS AMENDED, WAS UNANIMOUS. MICROFILM 4.24 -80 ITEM 2. ORDINANCE 19 -76 AMENDING COMMERCIAL DEVELOPMENT BOARD ORDINANCE N0. 7 -75 2ND READING MAYOR NICHOLAS READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 17 -75, "ESTABLISHING A COMMERCIAL DEVELOPMENT BOARD, ETC.", AS.AMENDED, BY AMENDING THE PROVISIONS FOR A COMMERCIAL DEVELOPMENT PLAN; BY DELETING CERTAIN ORGANIZATIONS AND AGENCIES WITH WHICH THE BOARD SHOULD MAKE CONTACT; BY AMENDING THE COM- POSITION OF THE BOARD, INCREASING MEMBERSHIP TO NINE MEMBERS; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; - PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. THURM, SECONDED BY MR. HOOG AND UNANIMOUS VOTE, ORDINANCE WAS ADOPTED. NEW BUSINESS ITEM 1. ORDINANCE NO. 17 -76 AMENDING ZONING REGULATIONS CITY CODE CHAPTER 630 (1ST READING) MAYOR NICHOLAS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS, CODE OF THE CITY OF CAPE CANAVERAL? FLORIDA; BY AMENDING SECTION 639.51 "ACCESSORY STRUCTURES "; BY AMENDING SECTION 639.55 "FENCES,. WALLS AND HEDGES "; BY AMENDING THE DEFINITIONS OF "LOT FRONTAGE" IN SECTION 631.01; BY AMENDING AREA AND DIMENSION REGULATIONS PERTAINING TO HOTEL AND MOTEL UNITS IN ZONING DISTRICT R -3 (SECTION 637.51), ZONING DISTRICT C -1 .(SECTION 637.91)1 ZONING DISTRICT C -2 (SECTION 638.03); BY AMENDING SECTION 637.59 "MINIMUM OPEN SPACE AREA REQUIREMENT" IN ZONING DISTRICT R -3;.BY DELETING PROVISIONS OF SECTION 639.71 "SEWAGE DISPOSAL" REQUIRING COUNTY HEALTH DEPARTMENT APPROVAL; BY AMENDING. THE DEFINITION OF "YARD" IN SECTION 631.01; BY DELETING SECTION 635.09 "REGULATIONS ARE MINIMUM; UNIFORMLY APPLIEMIR; BY AMENDING SECTION 645.35 "PROVISIONS OF ORDINANCES DECLARED TO BE MINIMUM REQUIREMENTS "; BY AMENDING SECTION 637.510. ZONING DISTRICT R -3, BY INCREASING HEIGHT OF ONE OR TWO FAMILY RESIDENCES FROM 25 FEET TO 35 FEET: BY AMENDING SECTION 639,81 "SIDEWALKS REQUIRED" BY ESTABLISHING REQUIREMENTS FOR SIDEWALK CONSTRUCTION AND SIDEWALK SPECIFICATIONS; BY REPEALING ALL.PORTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED TO APPROVE FIRST READING. MR. HOOG SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MAYOR NICHOLAS AND MRS. THURM, OPPOSED, MR. MURPHY AND MR. SALVAGGIO. MOTION CARRIED. ITEM 2. RESOLUTION NO. 76 -50 RE: ADOPTING 1976 -77 BUDGET MAYOR NICHOLAS REVIEWED LINE ITEMS OF THE SEWER BUDGET AS PROPOSED. MRS. THURM MOVED TO ADOPT THE SEWER BUDGET AS PRESENTED. MR. HOOG SECONDED THE MOTION. MAYOR NICHOLAS MOVED TO AMEND THE SALARY ITEM TO REFLECT CURRENT SALARIES ONLY. MR. S.ALVAGGIO SECONDED MOTION. VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. MURPHY, MAYOR NICHOLAS, MR. SALVAGGIO, OPPOSED,MRS. THURM. COUNCIL MINUTES 9 -7 -76 PAGE 2 OF 6 MICROFILMED 4- 24.80 MOTION CARRIED. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. MURPHY, MAYOR NICHOLAS AND MR. SALVAGGIO. OPPOSED MRS. THURM. MOTION CARRIED. SEWER BUDGET ADOPTED AT A TOTAL OF $224,074.00. MAYOR NICHOLAS REVIEWED LINE ITEMS OF .THE RECREATION .CQWIEX BUDGET. MRS. THURM MOVED FOR ADOPTION OF THIS BUDGET AS SUBMITTED. MR. SALVAGGIO SECONDED MOTION. MAYOR NICHOLAS MOVED THAT THE SALARY STRUCTURE BE REVISED TO INCLUDE NO INCREASES. MR. MURPHY SECONDED MOTION., VOTE WAS AS FOLLOWS: IN FAVOR, MR. MURPHY, MAYOR NICHOLAS, OPPOSE.D., MR. HOOGr MR. SALVAGGIO AND MRS. THURM. MOTION FAILED. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. SALVAGGIO, MRS. THURM, OPPOSED MR. MURPHY AND MAYOR NICHOLAS:. MOTION CARRIED. RECREATION BUDGET ADOPTED AT $85,994.00. MAYOR NICHOLAS READ RESOLUTION 76 -50 IN FULL ENTITLED: A RESOLUTION ADOPTING THE ANNUAL GENERAL FUND BUDGET,. ANNUAL SANITARY SEWER BUDGET AND ANNUAL RECREATION COMPLEX BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976 AND ENDING SEPTEMBER 30, 1977; PROVIDING AN EFFECTIVE DATE. MR. MURPHY MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. MAYOR NICHOLAS READ THE INCOME AND EXPENDITURE FIGURES IN THE GENERAL FUND BUDGET AS ATTACHED TO THE RESOLUTION. MR. SALVAGGIO MOVED THAT THE CITY MANAGER'S DEPARTMENT BE PUT BACK IN THE BUDGET AT $25,000.00. MOTION FAILED FOR LACK OF SECOND. DISCUSSION FOLLOWED ON HOW THE CITY MANAGER'S WORK COULD BE HANDLED IN THE FUTURE. VOTE ON THE MOTION TO ADOPT THE RESOLUTION WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. MURPHY, MAYOR NICHOLAS AND MRS. THURM. OPPOSED, MR. SALVAGGIO. MOTION CARRIED. ITEM 3. RESOLUTION NO. 76 -51 RE: SETTING MILLAGE 1976 --77 FISCAL YEAR MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION ESTABLISHING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1976 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. MURPHY, MAYOR NICHOLAS AND MRS. THURM, OPPOSED, MR. SALVAGGIO. MOTION CARRIED SETTING THE MILLAGE FOR THE 1976 TAX ROLL AT: 3.31 MILLS - GENERAL FUND, 1.6 MILLS STORM DRAINAGE AND .8 MILLS RECREATION COMPLEX. COUNCIL MINUTES 9 -7 =76 PAGE 3 OF 6 MICROFILM 4 -24 -E0 ITEM 4. RESOLUTION 76 -52 RE: LIBRARY LEASE MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A .RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO SIGN FIRST ADDENDUM TO LEASE CONTRACT WITH SHUFORD DEVELOPMENT COMPANY FOR CONTINUATION OF LIBRARY LEASE; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. THURM, SECONDED BY MAYOR NICHOLAS AND UNANIMOUS VOTE, RESOLUTION WAS ADOPTED. ITEM 5. RESOLUTION NO. 76 -53 RE: PORT FIREFIGHTING AGREEMENT MAYOR NICHOLAS READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPROVING RENEWAL OF THE FIRE PROTECTION AGREEMENT BETWEEN CITY OF CAPE CANAVERAL AND CANAVERAL PORT AUTHORITY; PROVIDING AN EFFECTIVE DATE. CHIEF HOELPERL TOLD COUNCIL THAT THE DEPARTMENT WAS IN AGREEMENT WITH RENEWING SERVICES TO THE PORT. BY MOTION OF MR..SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, RESOLUTION WAS ADOPTED. AT THIS TIME MRS. THURM MOVED TO ADD AN ITEM TO THE AGENDA RESOLUTION 76 -49. MR. HOOG SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. MURPHY, MAYOR NICHOLAS AND MRS. THURM, OPPOSED, MR. SALVAGGIO. MOTION CARRIED. MAYOR NICHOLAS READ RESOLUTION. 76-49-IN FULL ENTITLED: . • RESOLUTION RESCINDING RESOLUTION NO. 68 -21, APPOINTING • CITY ADMINISTRATOR, AND RESOLUTION NO. 69 -29, APPOINTING A CITY MANAGER; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. MR. HOOG SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. HOOG, MR. MURPHY, MAYOR NICHOLAS. AND MRS. THURM, OPPOSED, MR.. SALVAGGIO. MOTION CARRIED. RESOLUTION ADOPTED. MRS. THURM MOVED .TO ADD ANOTHER ITEM TO THE AGENDA REGARDING WHAT IS EXPECTED OF THE CITY MANAGER AND SECRETARY UNTIL THE END OF THE FISCAL YEAR. MR. MURPHY SECONDED THE MOTION. VOTE WAS AS FOLLOWS: MR. HOOG, MR. MURPHY, MAYOR NICHOLAS AND MRS. THURM, OPPOSED, MR. SALVAGGIO. MRS. THURM MOVED THAT MR. FRANCIS AND MRS. GRIGSBY BE GIVEN THE REMAINDER OF THE MONTH OF SEPTEMBER OFF WITH PAY IN. ADDITION TO PAYMENT OF ACCRUED VACATION AND SICK LEAVE. MR. HOOG SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR..HOOG, MR. MURPHY, MAYOR NICHOLAS AND MRS. THURM, OPPOSED, MR. SALVAGGIO. ITEM 6. DISCUSSION RE: ALMA BEECHER'S REQUEST FOR SPECIAL EXCEPTION COUNCIL MINUTES 9 -7 -76 PAGE 4 OF 6 a r MICROFILMED 4.24.80 MAYOR NICHOLAS EXPLAINED THAT THERE HAD BEEN A PREVIOUS REQUEST FOR A REZONING BY THIS APPLICANT AND IT HAD BEEN TABLED BY THE PLANNING AND ZONING BOARD AND THAT NO MONEY HAD BEEN PAID FOR THIS SPECIAL EXCEPTION REQUEST. THE QUESTION AROSE AS TO WHETHER OR NOT THE PLANNING AND ZONING BOARD COULD AGAIN REVIEW THIS REQUEST. MR. SCOTT STATED THERE WAS NO PROVISION IN THE ZONING ORDINANCE AND THAT THE REQUEST SHOULD BE PRQCESSED IN THE NORMAL MANNER ACCORDING TO THE ORDINANCE AND SENT TO THE BOARD OF ADJUSTMENT FOR THEIR CONSIDERATION. ITEM 7. DISCUSSION RE: RUBBISHMAN'S CONTRACT MAYOR NICHOLAS READ A LETTER THAT THE CITY MANAGER HAD WRITTEN TO RUBBISHMAAN ALLOWING HIM TEN DAYS TO.IMPROVE HIS SERVICE. MR. FRANCIS TOLD COUNCIL THAT THE COMPLAINTS HAD BEEN CUT APPROXIMATELY IN HALF SINCE THE LETTER WAS WRITTEN AND THAT HE FELT THE SERVICE WAS ADNUATE AT THIS TIME. MAYOR NICHOLAS MOVED THAT THE CITY PURSUE THE AVENUE OF TERMINATING RUBBISHMAN CONTRACT. MR. HOOG SECONDED MOTION. 14R. SCOTT BROUGHT OUT TO COUNCIL THAT ACCORDING TO THE CON- TRACT IT WAS NECESSARY FOR THE CITY MANAGER TO STATE THAT RUBBISHMAN WAS IN DEFAULT OF HIS CONTRACT BEFORE IT COULD BE TERMINATED. THE MAYOR.ASKED THE CITY MANAGER IF HE WOULD MAKE SUCH A STATEMENT. MR. FRANCIS REFUSED—AND LEFT HIS SEAT AT THE COUNCIL TABLE AND JOINED THE CITIZENS IN THE AUDIENCE. IT WAS BROUGHT OUT THAT THE CITY MANAGER HAD WRITTEN A LETTER TO RUBBISHMAN THIS DATE WHICH HAD NOT AS YET BEEN LOGGED OUT. THE CITY CLERK WAS ASKED IF SHE COULD PRODUCE THIS LETTER AT THE MEETING. MAYOR NICHOLAS CALLED A RECESS AT 11:00 P.M. MRETING R 7724 EKED AT 11:05 P.M. = LETTER FROM 7ME CITY MANAGER TO RUBBIMR4AN WAS READ ALOUD BY THE ru ► r ° r 1104 w- w5s r• •I ot i- 51 s .r1 11 Di m k s: , : FR5W Dl• ITEM S. DISCUSSION RE: CANAVERAL TOWERS GARBAGE PROBLEM MR. JUDSON, OF CANAVERAL TOWERS, AND MR. JACK MOLINE TOLD COUNCIL OF THE URGENT PROBLEM OF GARBAGE COLLECTION AT THE CANAVERAL TOWERS DUE MAINLY TO DESIGN BY THE DEVELOPERS. TH.EY.ASKED THAT COUNCIL ATTEMPT TO GET THREE PICK UPS BY RUBBISHMAN OR PERHAPS AN ADDITIONAL DUMPSTER. MR. MURPHY IS TO ATTEMPT TO NEGOTIATE A SOLU- COUNCIL MINUTES 9 -7 -76 PAGE 8 OF 6 • MICROFILMED 4 -24 -80 0 TION TO THIS PROBLEM WITH MR. LAVIN OF RUBBISHMAN. ITEM 9. DISCUSSION RE: BROWNING SERVICE STATION MR. SCOTT STATED THAT HE HAD BEEN UNABLE TO REACH MR. BROWNING'S ATTORNEY AND STATED THAT HE WOULD MARE A REPORT AT THE NEXT WORKSHOP. ITEM 10. VEHICLES ON BEACH r o ' MAYOR NICHOLAS EXPLAINED THAT THIS ITEM WAS FOR THE PURPOSE OF CONSIDERING ALLOWING A HANDICAPPED PERSON VEHICLE ACCESS TO THE BEACH. MR. SCOTT IS TO CONTACT A DISABLED GROUP CONCERNING WHAT CAN BE DONE IN THIS AREA. MRS. THURM MOVED TO ADD AN ITEM TO THE AGENDA - RESOLUTION'. NO. 76 -54. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION ESTABLISHING MAXIMUM TAXI FARES TO BE CHARGED PURSUANT.TO CHAPTER 725 "TAXI REGULATIONS" OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. DISCUSSION ITEMS MAYOR.NICHOLAS READ THE REPORT FROM THE FIRE DEPARTMENT. MRS. THURM ANNOUNCED THE MEETING DATES OF THE BREVARD LEAGUE AND THE QUARTERLY MEETING OF THE FLORIDA LEAGUE. MR. MURPHY QUESTIONED HOW THINGS WERE TO BE HANDLED REQUIRING CITY MANAGER ACTION. MR. SCOTT STATED THAT THE DEPUTY CITY MANAGER WOULD ACT IN THAT CAPACITY UNTIL OCTOBER 1. MR. MURPHY STATED THAT THE BOY SCOUT TROUP•358 IN CAPE CANAVERAL HAD NEW MEMBERS AND WERE NOW ABLE TO HANDLE DELIVERY OF THE NEWSLETTER. BY- MOTION OF MR. MURPHY, SECONDED BY MRS. THURM, MEETING ADJOURNED AT 12:00 MIDNIGHT. APPROVED THIS 21 DAY OF a C 4 �Vl1� I,CLERK (� F 7�_ SEPTEMER , 1976. 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