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HomeMy WebLinkAbout09-18-1973 Regular Meeting: MICROFILMED 4.24.80 REGULAR MEETING CITY COUNCIL SEPTEMBER 18, 1973 THE REGULAR MEETING OF'THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 18, 1973, AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. P. MACLAY. THE MEETING'WAS CALLED TO ORDER BY MAYOR FRANKLYN ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR MACLAY; COUNCILMAN E. H. RHAME, A. M. RUTKOWSKI, G. J. SALVAGGIO AND MRS. ANN THURM; CITY MANAGER A. J..FRANCIS; CITY ATTORNEY STANLEY WOLFMAN; CITY CLERK ANITA OSTROM; SGT. AT ARMS WILLARD WINNETT. THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 4, 1973 WERE APPROVED AS WRITTEN. THE TREASURY REPORT FOR AUGUST, 1973 WAS APPROVED AS SUBMITTED. MR. RUTKOWSKI MOVED TO AMEND THE AGENDA TO TAKE UP ITEM_15 UNDER NEW BUSINESS, AT THIS TIME. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. ITEM 15. RESOLUTION 73 -44 ABOLISHING MUNICIPAL . COURT MAYOR MACLAY READ THE RESOLUTION ENTITLED, "A RESOLUTION CERTIFYING THE INTENT OF.THE CITY OF CAPE.CANAVERAL TO ABOLISH ITS.MUNICIPAL COURT; PROVIDING AN EFFECTIVE DATE.". MR.-.RUTKOWSKI"MOVED TO ADOPT THE RESOLUTION. MAYOR MACLAY SECONDED THE MOTION. MR. ROBERT FRY, CHIEF ADMINISTRATOR OF THE COURTS, WAS IN ATTENDANCE TO EXPLAIN TO COUNCIL WHAT WOULD HAPPEN IN A CHANGE OVER FROM CITY COURT TO COUNTY COURT, AND HOW OTHER CITIES HAVE SOLVED THE PROBLEMS INVOLVED._, - CHIEF. WINNETT OFFERED THE OPINION THAT IT WOULD BE BETTER TO WAIT TO A LATER DATE, DUE TO THE FACT THAT THE POLICE DEPARTMENT ANTICIPATED A MOVE. MR. RHAME MOVED TO AMEND SECTION ONE BY CHANGING THE DATE TO AUGUST 1, 1974. MR. SALVAGGIO SECONDED THIS MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: OPPOSED, MAYOR MACLAY, MR. RUTKOWSKI. IN FAVOR, MR. RHAME, MR. SALVAGG'IO, AND MRS. THRUM. MOTION CARRIED. VOTE ON THE RESOLUTION AS ?age 1 of 10 (Minutes 9/18/73) MICROFILMED 4 -24 -80 AMENDED WAS UNANIMOUS. RESOLUTION ADOPTED UNFINISHED BUSINESS ITEM 1. ORDINANCE 33 -73 - "ORG'ANIZATIONAL STRUCTURE (2ND READING) MAYOR MACLAY READ THE ORDINANCE ENTITLED, "AN ORDINANCE DEFINING THE ORGANIZATIONAL STRUCTURE AND FUNCTIONS OF THE CITY; DELEGATING AUTHORITY; REPEALING ORDINANCES NO. 22 -66, AND 17 -72 PROVIDING AN EFFECTIVE DATE. ". MR. RUTKOWSKI MOVED FOR ADOPTION OF THE ORDINANCE. MAYOR MACLAY SECONDED THE MOTION. MRS. THRUM MOVED TO AMEND BY THE FOLLOWING AMENDMENTS: 1. ON PAGE TWO UNDER SECTION 0.7, ITEM 8, TO READ; "RECREATION BOARD ADVISORY AND ADMINISTRATIVE ". 2. UNDER OFFICE OF THE CITY MANAGER SECTION 0.11, DELETE THE WORDS; "UNDER THE SUPERVISION.OF THE MAYOR ". 3. ON PAGE THREE SECTION 0.13, UNITS OF THE OFFICE; DELETE, "FIRE DEPARTMENT "; CHANGE; "PUBLIC WORKS DEPARTMENT" TO "WASTE WATER TREATMENT DEPARTMENT"; DELETE, ". PARKS AND RECREATION DEPARTMENT ". 4. IN SECTION 0.21, PARAGRAPH D, DELETE THE WORDS, "PERMITS AND ". 5. PAGE 4 SECTION 0.25, CHANGE, "A DEPUTY CITY CLERK" TO READ, "ONE OR MORE DEPUTY CITY CLERKS ". 6. ON PAGE 6 DELETE ALL OF SECTION 0.55, AND RE- NUMBER THE ORDINANCE. MR. RHAME SECONDED THE MOTION TO AMEND. AMEND- MENT CARRIED BY UNANIMOUS VOTE. MR. RHAME MOVED TO FURTHER AMEND BY THE FOLLOWING: 1. TO DELETE REFERENCE TO ORDINANCE 9 -70, FROM THE TITLE AND ON PAGE 7, PART B, SECTION 1. 2. ON PAGE 1, ADD SECTION 0.4 TO READ, "MAYOR PRO -TEM ", "THE MAYOR PRO -TEM SHALL ACT FOR THE MAYOR IN THE EVENT-THE MAYOR IS ABSENT FROM THE CITY OR UNABLE TO _PERFORM_ THE DUTIES OF THE OFFICE OF THE MAYOR ". '3. ON PAGE 2, SECTION 0.11, PARAGRAPH A, TO DELETE THE WORDS, "BUT NOT CONTROL OF SUCH ACTIVITIES ". Page 2 of 10 (Minutes 0/18/73) ICROFIL IED 4­24-80 4. ON PAGE 3, UNDER SECTION 0.11, ADD A NEW PARAGRAPH D, TO READ, "TO PREPARE THE ANNUAL BUDGET IN CON- JUNCTION WITH THE CITY TREASURER WITH THE ASSISTANCE OF ALL OFFICES AND BOARDS ". 5. PAGE 4, SECTION 0.31, PARAGRAPH D, CHANGE TO READ, "TO PREPARE AND MAKE RECOMMENDATIONS AND INTERPRE- TATIONS CONCERNING PROCEDURAL RULES. TO PREPARE ORDINANCES AND RESOLUTIONS ON REQUEST OF COUNCIL AND BOARDS AND TO RE- VIEW ALL ORDINANCES FOR CONSISTANCY, UNIFORMITY, AND LEGAL SUFFICIENCY ". 6. PAGE 5, SECTION 0.41, PARAGRAPH A, TO INSERT THE WORD,. "PERMITS" BETWEEN "LICENSES AND FINES ". 7. PARAGRAPH E, CHANGE TO READ, "TO PERFORM IN CONJUNCTION WITH THE'CITY MANAGER IN PREPARATION OF THE ANNUAL BUDGET WITH THE ASSISTANCE OF ALL OFFICES AND BOARDS, AND TO MAKE AVAILABLE A MONTHLY REPORT OF INCOME AND EXPENDI- TURFS RELATIVE TO THE CURRENT BUDGET". 8. PAGE 6, UNDER SECTION 0.51, PARAGRAPH B, ADD THE WORDS AFTER "ENGINEERING PROBLEMS "; "AS MAY BE DIRECTED BY COUNCIL ".. MR. SALVAGGIO SECONDED THIS AMENDMENT.: THE AMENDMENT CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. VOTE ON.THE:ORDINANCE AS AMENDED WAS UNANIMOUS. ORDINANCE ADOPTED. ITEM 2. ORDINANCE 34 -73 - AMENDING ZONING ORDINANCE REGARDING SERVICE STATIONS READING) MR. RHAME, MOVED FOR ADOPTION, MRS. THURM SECONDED THE MOTION. MAYOR MACLAY MOVED TO AMEND AS FOLLOWS: BY ADDING A FOOTNOTE READING, "NOT WI'T'HSTANDING THE PROVISIONS OF THIS PARAGRAPH REQUIREMENTS AS SET FORTH IN THE SOUTHERN STANDARD BUILDING CODE INCLUDING SECTION 505, SHALL BE COMPLIED WITH AS WELL AS THE OCCUPATIONAL SAFETY AND HEALTH ACT ".; MR- RUTKOWSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE ORDINANCE AS AMENDED WAS UNANIMOUS. ORDINANCE ADOPTED. MOTION. ITEM 3. ORDINANCE 32 -73 - AD VALOREM TAX 2ND R ADI G THIS ITEM WAS LEFT ON THE TABLE FOR LACK OF A Page 3 of 10 (Minutes 9/18/73) MICR®F1LME® 4 -24 -8P ITEM 4. -AD -HOC COMMITTEE MR. RUTKOWSKI MOVED TO TAKE THE ITEM FROM THE TABLE. MAYOR MACLAY SECONDED THE MOTION. THE MOTION CARRIED BY UNANIMOUS VOTE. MAYOR MACLAY READ THE MOTION AS PRESENTED TO COUNCIL AS FOLLOWS: BE IT ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SEC. 1.0 AD -HOC COMMITTEE ESTABLISHED. PURSURANT TO ARTICLE XXIV, SECTION 7, CITY OF CAPE CANAVERAL CHARTER, THERE IS HEREBY ESTABLISHED AN AD- HOC..COMMITTEE TO INVESTIGATE CORRUPTION IN THE BUILDING DEPARTMENT, HEREINAFTER REFERRED TO AS THE COMMITTEE. SEC. 2.0 COMMITTEE ORGANIZATION. THE COMMITTEE SHALL CONSIST OF THE FOLLOWING MEMBERSHIP: ... .. ............... ......... . 'MEMBERS OF THE CITY COUNCIL THE CHAIRMAN OF THE COMMITTEE SHALL.BE THE'MAYOR ...... THE CHAIRMAN SHALL DETERMINE THE TIME OF ALL MEETINGS WHICH SHALL BE HELD AT THE CITY HALL, AND SHALL BE PRESIDING OFFICER. THE CHIEF OF POLICE SHALL BE SERGEANT -AT -ARMS. 'THE CITY CLERK SHALL BE SECRETARY TO THE COMMITTEE. SEC. 3.0 PURPOSE AND SCOPE. THE COMMITTEE SHALL INVESTIGATE THE AFFAIRS OF THE BUILDING DEPARTMENT AND THE CONDUCT OF ASSOCIATED EMPLOYEES. (A) TO DETERMINE THE EXTENT OF ANY VIOLATION OF THE INTENT, SPIRIT, AND SUBSTANCE OF THE CITY'S ZONING AND SIGN ORDINANCES, (B) TO DETERMINE THE EXTENT AND TYPE OF INFLUENCE EXERTED BY PRIVATE BUILDING INTERESTS ON THE AFFAIRS'OF THE CITY, (C) TO FORMULATE APPROPRIATE REMEDIAL LEGISLATION. MR. RHAME MOVED TO AMEND THE MOTION, AS FOLLOWS': IN SECTION 1.0, CHANGE THE WORDING TO READ,, - "INVESTIGATE: CORRUPTION IN ALL DEPARTMENTS ". SECTION 3.0, PARAGRAPH A, DELETE THE WORDS, "ZONING AND SIGN" AND IN PARAGRAPH B, CHANGE THE WORDS, "PRIVATE BUILDING" TO READ, "OUTSIDE ". Page 4 of 10 (Minutes 9/1.8/73) f MICROFILMED 4.24 -80 VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR RHAME, MR. SALVAGGIO,MRS. THRUM. OPPOSED, MR. RUTKOWSKI. MOTION CARRIED. MRS. THRUM MOVED TO NAME THE COMMITTEE IN SECTION 2.0, TO CONSIST-OF MEMBERS OF THE CITY COUNCIL yvITH CHAIRMAN OF THE COMMITTEE TO BE THE MAYOR. THIS AMENDMENT CARRIED BY UNANIMOUS VOTE. VOTE ON THE MOTION AS AMENDED WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI, AND MRS. THURM. OPPOSED, MR. RHAME, MR. SALVAGGIO.. MOTION AS AMENDED CARRIED. ITEM S. MUNICIPAL COURT PROCESS THIS ITEM WAS LEFT ON THE -TABLE FOR LACK OF A MOTION. NEW BUSINESS ITEM 1. REPORT FROM LIBRARY BOARD REGARDING CONTRACT WITH THE COUNTY MR. RICHARD THURM WAS IN ATTENDANCE AS CHAIRMAN OF THE LIBRARY BOARD, TO OFFER THE FEELINGS OF THE BOARD TO COUNCIL. MR. THURM STATED THAT THE CONTRACT FALLS SHORT IN A NUMBER OF AREAS AND IT WAS THE FEELING OF THE BOARD THAT THEY SHOULD RETAIN SOME CONTROL AS HAS BEEN THEIR FUNCTION IN THE PAST. THE BOARD FELT THAT THE CITY SHOULD NEGOTIATE BY TAKING THE SAME STAND AS THE MELBOURNE LIBRARY BOARD AND THAT THE CITY'S BOARD COULD OFFER ONE ALTERNATIVE, TO REVERT TO THEIR PRESENT CONTRACT. MR. RUTKOWSKI MOVED THAT THE COUNCIL CONCUR IN OBJECTING TO THE CONTRACT, AS SET FORTH IN A LETTER FROM THE CITY OF MELBOURNE, AND AUTHORIZED THE MAYOR TO ACT AS A, NEGOTIATOR FOR SUCH AGREEMENT AS IS ACCEPTABLE WITH THE CITY LIBRARY BOARD AND THE COUNTY COMMISSION. MAYOR MACLAY. SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MR. RHAME MOVED THAT THE CITY SET THE FOLLOWING AS POINTS OF NEGOTIATION. UNANIMOUSLY. 1. PRIORITY TO AMEND THE CONTRACT ACCEPTABLE WITH THE CITY LIBRARY BOARD AND COUNTY COMMISSION. 2. OFFER AS A SUBSTITUTE THE PRESENT CONTRACT WITH SOME CLEAN UP WORK. 3. RETURN TO COUNCIL FOR FURTHER GUIDANCE. MRS. THURM SECONDED THIS MOTION. ?OTION CARRIED Page 5 of 10 (Minutes 9 /18/73) a MICROFILMED' 4-241,80 ITEM 2. MOTION TO APPROVE MINIATURE 'GOLF COURSE THE APPLICANT WAS IN ATTENDANCE AND STATED THAT HIS PROJECT NOW MET THE PROPER SET BACK REGULATIONS. MR. SALVAGIO MOVED TO APPROVE THE APPLICATION. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO,MRS. THURM. OPPOSED, MR. RUTKOWSKI. MOTION CARRIED. PERMISSION GRANTED. ITEM 3. RESOLUTION 73 -41 - APPROVING SEWER BUDGET 1973 -1 MAYOR MACLAY READ THE RESOLUTION ENTITLED, "A RESO- UTION ADOPTING THE ANNUAL SANITARY SEWER BUDGET FOR THE 1973 THROUGH 1974 FISCAL YEAR - PROVIDING AN•EFFECTIVE DATE. ". MR. SALVAGGIO MOVED'FOR ADOPTION OF THE SEWER BUDGET, MR. RHAME SECONDED THE MOTION. THE VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. RUTKOWSKI, MR. SALVAGGIO. OPPOSED, MRS. THURM. MOTION CARRIED. BUDGET ADOPTED.. MR. RHAME STATED THAT IT WAS THE INTENT OF THE CITY COUNCIL TO FURTHER STUDY THE CITY PERSONNEL SALARY STRUCTURE WITHIN A MINIMUM OF 60 DAYS. MR. RUTKOWSKI STATED THAT HE HAD PREPARED A PROFILE OF SALARIES OVER THE LAST 6 YEAR "; *PERIOD FOR COMPARISON. CITY EMPLOYEES SHOULD BE HEARD TO BRING OUT INEQUITIES AND PUBLIC SHOULD HAVE SOME INPUT. ITEM 4. ORDINANCE 35 -73 - AMENDING HOURS OF SALE- OF (1ST READING), MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING ORDINANCE NO. 23 -73 BY FURTHER RESTRICTING THE HOURS DURING WHICH ALCOHOLIC- BEVERAGES MAY BE SOLD OR CONSUMED AT BEVERAGE COMMISSION LICENSED E'STABLISH- MENTS WITHIN THE CITY,, PROVIDING AN EFFECTIVE DATE. ". MR. RUTKOWSKI MOVED FOR ADOPTION. MAYOR MACLAY SECONDED THE MOTION: VOTE,WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI. OPPOSED, MR. R.HAME, MR. SALVAGGIO,MRS. THURM, MOTION FAILED TO CARRY. FIRST READING WAS NOT APPROVED. A 10 MINUTE RECESS WAS CALLED AT THIS TIME. MEETING RECONVENED AT 10:15 P.M. Page 6 of 10 (Minutes 9/18/73). MICROFILMED 4,.2480 ITEM S. ORDINANCE 36 -73 - AMENDMENTS .TO CITY CHARTER (1ST ADING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE DELETING LIMITATIONS OF POWER IN THE CITY CHARTER; PROVIDING AN EFFECTIVE DATE. ". MR. RUTKOWSKI MOVED TO TABLE THIS ITEM. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 'ITEM 5, TABLED. ITEM 6. ORDINANCE 37-73 — AMENDMENTS TO CITY CHARTER STRADING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING AN UNCONSTITUTIONAL PROVISION OUT OF THE CHARTER; ABOLISHING CERTAIN DEPARTMENT PROVISIONS IN THE CHARTER; PROVIDING FOR AN EFFECTIVE DATE. ". MR. RUTKOWSKI MOVED FOR ADOPTION; MAYOR MACLAY SECONDED THE MOTION. AFTER DISCUSSION MRS. THURM MOVED TO TABLE ITEM 6, MAYOR MACLAY SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR; MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO',MRS. THURM. OPPOSED, MR. RUTKOWSKI. MOTION CARRIED. ITEM TABLED. ITEM 7. ORDINANCE 38 -73 - DELETING SECTION OF 'THE BUILDING COD (1STRREADING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING ORDINANCE NO. 3 -72 BY ADDITION OF A NEW SUB - SECTION (C) WHICH DELETES A PORTION OF SECTION 106.3 AND ALL OF SECTION 107.4 OF THE' SOUTHERN STANDARD BUILD- ING CODE WHICH SECTIONS PERTAIN TO THE EXTENSION OF BUILDING PERMITS AND A FEE SCHEDULE, RESPECTIVELY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. ". 14AYOR MACLAY MOVED TO APPROVE FIRST READING. MR. RUTKOWSKI SECONDED THE MOTION. MR. VAN WAGNER, CHAIRMAN OF THE ZONING BOARD, STATED TO THE COUNCIL THAT THE ZONING BOARD WAS PROPOSING A SIMILAR AMENDMENT-TO THE ZONING ORDINANCE AND FELT THAT THEY HAD REMOVED THE CONFLICT BETWEEN THE BUILDING CODE AND THE ZONING ORDINANCE. VOTE ON THE MOTION TO APPROVE FIRST READING WAS AS FOLLOWS: IN FAVOR, '.'MAYOR MACLAY, MR-. RUTKOWSKI. OPPOSED, MR. - RHAME, .,IR. SALVAGGIO, MRS. THURM. MOTION FAILED. FIRST READING WAS NOT APPROVED. ?age 7 of 10 (Minutes 9/18/73) I MICROFILMED 4 -24 -80 ITEM 8. ORDINANCE 2 -73 -''REFERENDUM 'ORDINANCE 'AMENDING ZONING ORDINANCE MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING ORDINANCE NO. 12 -71, AS AMENDED, BY FURTHER RESTRICTING THE MAXIMUM DENSITY, HEIGHT, AND MAXIMUM LOT COVERAGE FOR STRUCTURES; PROVIDING AN EFFECTIVE DATE. ". MRS. THRUM MOVED TO DELETE THIS ITEM FROM THE AGENDA. MR. SALVAGGIO SECONDED.THE MOTION. VOTE WAS AS MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO,MRS. MR. RUTKOWSKI. MOTION CARRIED. ITEM TAKEN IT WAS STATED THAT THIS ITEM WOULD BE GIVEN NUMBER, GO BACK TO THE ZONING BOARD, AND BE COUNCIL ADOPTION. FOLLOWS: IN FAVOR, THURM. OPPOSED, FROM THE AGENDA. A NEW ORDINANCE ADVERTISED FOR ITEM 9. RESOLUTION 73 -42 - APPOINTING TWO'BEAUTI- FICATTON BOARD B MAYOR MACLAY READ THE RESOLUTION ENTITLED; "A RESOLUTION APPOINTING MEMBERS TO THE CITY BEAUTIFICATION. BOARD; PROVIDING AN EFFECTIVE DATE. ". BY MOTION OF MR. SALVAGGIO, AND SECONDED BY MRS. THRUM, AND UNANIMOUS VOTE OF THE COUNCIL, THE RESOLUTION WAS ADOPTED NAMING RUTH AUDREY RESIGNO, AND SANDRA A. LAWS TO THE BEAUTIFICATION BOARD. ITEM 10. AUTHORITY FOR GRANTING EASEMENTS FOR STREET N S THE MAYOR EXPLAINED TO COUNCIL THAT THESE EASEMENTS ON THE STREET ENDS WERE NECESSARY IN CONJUNCTION WITH THE PRO- JECT FOR FILL ON THE BEACH AREAS. MAYOR MACLAY MOVED THAT HE BE AUTHORIZED TO SIGN THE EASEMENT PAPERS FOR THE CITY. MR. SALVAGGIO SECONDED THE MOTION: MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. ITEM 11. REQUEST TO SCHOOL-BOARD FOR LEASE*OF OCEAN LAND BY CAPE VIEW.SCHOOL FOR PARK MR. RUTKOWSKI MOVED THAT THE MAYOR BE AUTHORIZED TO WRITE A LETTER TO THE SCHOOL BOARD,REQUESTING A LONG TERM LEASE ON THE OCEAN LAND,FOR THE PURPOSE OF PARKING OR RECREATION MRS. THRUM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. Page 8 of 10 (Minutes 9/18/73) r MICROFILMED 4.24 -80 ITEM 12. RESOLUTION 73 -43 -AUTO COMPENSATTON'FOR . 'CITY MANAGER MAYOR MACLAY READ THE RESOLUTION ENTITLED; "A RESOLUTION AMENDING THE BUDGET FOR 73 -74 FISCAL YEAR BY DELET -. ING CITY MANAGER AUTOMOBILE ALLOWANCE; PROVIDING AN EFFECTIVE DATE". MR. RUTKOWSKI MOVED FOR ADOPTION. MAYOR MACLAY SECONDED THE MOTION. MR. SALVAGGIO MOVED TO AMEND LINE 3, IN SECTION 1, TO ADD THE $2,400.00 AUTO ALLOWANCE BACK INTO THE SALARY ACCOUNT. MRS. THRUM SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO, MRS. THRUM. OPPOSED, MAYOR MACLAY, MR. RUTKOWSKI. MOTION CARRIED. VOTE ON THE MAIN MOTION AS AMENDED WAS AS FOLLOWS: OPPOSED, MAYOR MACLAY. IN FAVOR, MR. RHAME, MR. RUTKOWSKI, MR. SALVAGGIO, MRS. THURM. RESOLUTION AS AMENDED WAS ADOPTED. ITEM 13. REPORT FROM TASK FORCE REGARDING BUILDING OR THE POLICE DEPARTMENT MR. RHAME GAVE A REPORT ON THE STUDY OF THE TASK FORCE AND THEIR RECOMMENDATIONS. THE TASK FORCE RECOMMENDED THAT THE CITY PROCEED WITH BUILDING PLANS IN THE CITY HALL BLOCK TO BUILD APPROXIMATELY A 4,800 SQUARE FEET BUILDING FOR THE POLICE DEPARTMENT. MR. RUTKOWSKI MOVED THAT COUNCIL ADOPT _. THE RECOMMENDATIONS OF THE TASK FORCE. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEXT MEETING OF THE TASK FORCE WAS SET FOR FRIDAY, SEPTEMBER 21, 1973, AT -NOON. ITEM 14. AUTHORITY TO DEFEND CITY IN THE LAW SUIT � AR IN REFE ND MR. RUTKOWSKI MOVED THAT THE CITY COUNCIL AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE SUIT CEVESCO VERSU;�, THE CITY OF CAPE CANAVERAL BEFORE THE CIRCUIT COURT AND BEFO'. THE FOURTH DISTRICT COURT OF APPEALS, IF THIS BECAME NECESSARY. MRS. THURM SECONDED THE MOTION. THE MOTION CARRIED BY UNANIMOUS VOTE. ITEM 16. DISCUSSION -THE SEWER EXPANSION FOR AREA SOUTH OF THE ITY BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE OF COUNCIL THIS ITEM WAS TABLED. Page 9 fo 10 (Minutes 9/18/73) I R H C ®FICHE® 4-24-80 ITEM 17. 'RECONSIDERATION '0'F D'ECISION 'ON APPEAL F JUD EMEN THIS ITEM WAS REGARDING THE DECISION NOT TO APPEAL ON THE MCCORMICK VERSUS CITY SUIT.. MR. RUTKOWSKI MOVED THAT THE CITY RECONSIDER AND GO FORWARD WITH AN APPEAL ON THIS SUIT. MAYOR MACLAY SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI OPPOSED, MR. RHAME; MR.SALVAGGIO, MRS. THURM. MOTION FAILED TO CARRY. BY-UNANIMOUS AGREEMENT THE MEETING WAS ADJOURNED AT 11:10 P.M. APPROVED THIS 2ND DAY OF OCTOBER 1973 Page -10 of 10 (Minutes 9/18/73)