HomeMy WebLinkAbout06-24-1975 Regular Meetingy MICROFILMED 4 -24 -80
REGULAR MEETING
CITY COUNCIL
JUNE 24, 1975
A REGUR- MEETING OF THE CITY. COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON JUNE 24, 1975.,AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:33 P.M.
THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P.
MACLAY.
THE ROLL WAS CALLED BY THE.DEPUTY CLERK. OFFICIALS
PRESENT WERE: MAYOR FRANKLYN P. MACLAY, COUNCILMEN L. C.
NICHOLAS, E. H. RHAME, G. J. SALVAGGIO, AND MRS. ANN THURM.
CITY MANAGER ALBERT J. FRANCIS, ASSISTANT CITY ATTORNEY
RICHARD SCOTT, DEPUTY CLERK PATRICIA BEAULIEU.
MR. LOPEZ WAS NOT IN ATTENDANCE TO EXPLAIN HIS.
REQUEST TO APPEAR BEFORE COUNCIL REGARDING THE LOCAL LIONS
CLUB.
MR. STEVEN THAYER, CITY ENGINEER, WAS IN ATTENDANCE
AT COUNCIL'S REQUEST TO EXPLAIN THE PORT .SEWERAGE PROBLEM.
MR. THAYER EXPLAINED A POSSIBLE PROBLEM WITH FUTURE INDUSTRIAL
WASTES FROM THE PORT. AT THIS TIME IT WAS AGREED BY COUNCIL
THAT THE CITY APPROACH THE PORT AUTHORITY TO ASCERTAIN WHAT
THEY ARE ANTICIPATING IN THE WAY OF FUTURE EXPANSION AND
INDUSTRIAL WASTES. MR. SALVAGGIO MOVED THAT THE CITY MANAGER
ATTEND THE PORT AUTHORITY'S MEETING IN TWO WEEKS. MAYOR
MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY -
AT THIS TIME MAYOR MACLAY REQUESTED MR. SCOTT REVIEW
THE CITY'S CONTRACT WITH THE PORT AUTHORITY AND ASKED THAT
THIS ITEM BE PLACED ON THE NEXT CITY COUNCIL AGENDA.
MR. C. MICHAEL BARRY WAS IN ATTENDANCE TO EXPLAIN
THE BREVARD COUNTY MENTAL HEALTH CENTER'S PROGRAM REGARDING
ASSISTANCE TO EMPLOYEES NEEDING HELP WITH DIAGNOSTIC, COUNSELING,
AND TREATMENT SERVICES WHICH ARE AVAILABLE TO THE COMMUNITY.
MR. BARRY PASSED OUT BROCHURES TO COUNCIL FOR THEIR REVIEW
AND EXPLAINED THAT IN ORDER FOR THE CITY TO PARTICIPATE IN
THIS PROGRAM IT WOULD BE NECESSARY FOR COUNCIL TO PASS A
RESOLUTION. A NOMINAL FEE OF $10.00 WOULD BE CHARGED FOR
SUPERVISORY TRAINING AND ANY EMPLOYEE PARTICIPATING WOULD
PAY ON THE BASIS OF HIS ABILITY TO PAY. MR. SALVAGGIO
a
_ M'"OFILMED 4.2-4.
REQUESTED THAT THE RESOLUTION BE PLACED ON THE NEXT COUNCIL
AGENDA. COUNCIL WAS IN AGREEMENT.
THE MINUTES OF THE JUNE 17 MEETING WHICH RECONVENED
ON JUNE 19, WERE APPROVED AS CORRECTED.
AT THIS TIME MR. RHAME MOVED THAT THE NEW BUSINESS
ON THE AGENDA BE HANDLED FIRST AND THE UNFINISHED BUSINESS
BE HANDLED SECOND, NAMELY, THE COMPREHENSIVE ZONING ORDINANCE
WITH TERMINATION OF READING AT 11:00 P.M. AND DISCUSSION.ITEMS
TAKING PLACE AFTER THAT TIME. MR. NICHOLAS SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 1. REPORT FROM CITY ATTORNEY RE: WATER RATE SUIT
MR. SCOTT EXPLAINED STATUS OF SUIT TO DATE. THE
MERRITT ISLAND HOMEOWNERS'SUIT HAS BEEN DISMISSED BY JUDGE
WILLIAMS FOR TWO REASONS: 1. FLORIDA STATUTE ALLOWS 150%
BILLING OUTSIDE A MUNICIPALITY AND IS REASONABLE. COCOA WOULD
NOT NEED JUSTIFICATION FOR SUCH AN INCREASE. 2. STATUTE
IS CONSTITUTIONAL. MR. SCOTT EXPLAINED THAT MERRITT ISLAND
HOMEOWNERS HAVE FILED AN APPEAL DIRECTLY TO FLORIDA SUPREME
COURT BECAUSE OF THE CONSTITUTIONALITY AND THEREBY BY- PASSED
DISTRICT COURT OF APPEAL. THE SUPREME COURT WILL ALSO DETERMINE
THE ISSUE OF THE 150%.
MR. SCOTT EXPLAINED THE OPTIONS THE CITY HAD IN PURSUING
THE CASE. HE STATED THAT THE CITY COULD SUE BASED ON THE ISSUE
THRT OUR FRANCHISE AGREEMENT REQUIRES COCOA TO NEGOTIATE AN
INCREASE.
MR. RHAME MOVED THAT THE CITY ATTORNEY PROCEED WITH
THE LITIGATION THAT HE SUGGESTED GOING TO CIRCUIT COURT.RELA-
TIVE TO THE JUSTIFICATION OF THE RATE UNDER OUR FRANCHISE.
MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. DISCUSSION RE: COPY OF CITY CODE FOR
MR. RUTKOWSKI
i
MAYOR MACLAY MOVED THAT THE CITY SEND MR. RUTKOWSKI.
A COPY OF THE CITY CODE. MR. NICHOLAS SECONDED THE MOTION.
MINUTES OF 6 -24 -75
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MICROFILMED 4 -24 -80
VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MRS. THURM,
OPPOSED, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO. MOTION
FAILED.
ITEM 3. LOT CLEARING REPORT FROM BUILDING OFFICIAL
AFTER SOME DISCUSSION BETWEEN COUNCIL AND BUILDING
OFFICIAL REGARDING THE LOT CLEARING NOTICES AND THE EXTENT
TO WHICH LARGE TRACTS OF LAND ARE TO BE CLEARED, IT WAS.
AGREED BY COUNCIL TO LET THE BUILDING OFFICIAL PROCEED WITH
THE LOT CLEARING PROJECT IN THE MANNER HE IS PRESENTLY USING.
MAYOR MACLAY SUGGESTED A 10- MINUTE RECESS AT 9:40 P.M.
MEETING RECONVENED AT 9:56 P.M.
UNFINISHED BUSINESS
ITEM 1. ORD. 10 -75 ESTABLISHING COMPREHENSIVE ZONING
2ND READING CONTINUED
MR. RHAME READ THE PROPOSED ZONING ORDINANCE STARTING
ON PAGE 164 AND CONTINUING THRU PAGE 200 WITH COUNCIL MAKING
SUGGESTED CHANGES. READING STOPPED AT 11:02 P.M.
MR. RHAME MOVED TO CONTINUE SECOND READING OF THE
ORDINANCE 'T0 THE NEXT REGULAR MEETING. MAYOR MACLAY SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
THE FOLLOWING ITEMS CAME UP DURING THE DISCUSSION
PERIOD: THE CITY MANAGER REPORTED THAT HE HAD RECEIVED
COPIES OF CITY CHARTERS AND CIVIL SERVICE MANUALS; MAYOR
REQUESTED MR.. FRANCIS REQUEST 10 OF THE CHARTERS; COUNCIL
GAVE MR. FRANCIS APPROVAL TO PLACE A ONE - QUARTER PAGE AD
IN THE TODAY NEWSPAPER FOR THE COMMEMORATIVE ISSUE WHICH
IS COMING OUT FOR THE APOLLO -SOYUZ FLIGHT; MR. FRANCIS
REPORTED THAT FRIDAY, JUNE 27 HE HAS SCHEDULED A MEETING
WITH COUNCIL AND DEPARTMENT SUPERVISORS,AND THAT THE RECREA-
TION BUILDING HAS BEEN MOVED TO THE NEW RECREATION SITE ON
BLOCK 51; MR. RHAME EXPLAINED POLICE BUILDING ROOF LEAKING
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1VlI�ROFILME® 4-24-80
PROBLEM AND -TUE ATTEMPTED - -REPAIR; MR,--N�CHOLAS BROUGHT
UP THE LACK OAF ADEQUATE LIFEGUARD COVERAGE IN THE CITY;
MR. FRANCIS IS ATTEMPTING TO SET UP A MEETING WITH COCOA
BEACH COMMISSIONERS AND CAPE CANAVERAL COUNCIL TO BE HELD
IN COCOA BEACH; SUGGESTION WAS MADE TO PURCHASE NEW FLAGS
FOR COUNCIL CHAMBERS.
MR. NICHOLAS REPORTED TO COUNCIL THAT IT WOULD BE
NECESSARY FOR HIM TO BE ABSENT FROM COUNCIL MEETINGS FOR
THE MONTH OF JULY DUE TO BUSINESS AND REQUESTED HE BE
EXCUSED AND ASKED THE CITY ATTORNEY IF HE THOUGHT A
PRELIMINARY EXCUSE WOULD BE NECESSARY. AFTER REVIEWING
THE CHARTER, MR.. SCOTT REPORTED THAT AFTER MISSING FOUR
CONSECUTIVE MEETINGS A COUNCIL MEMBER AUTOMATICALLY VACATES
HIS SEAT UNLESS SUCH ABSENCE IS EXCUSED BY RESOLUTION DULY
ADOPTED BY THE CITY COUNCIL. MR. SCOTT SUGGESTED A RESOLUTION
BE.PASSED.
MR. NICHOLAS MOVED TO ADD AN ITEM TO THE AGENDA ENTITLED
RESOLUTION FOR PERMISSION FOR MR. LEO NICHOLAS TO BE ABSENT
FROM THE COUNCIL MEETINGS DURING THE MONTH OF JULY DUE TO BUSINESS.
MR. RHAME SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. SCOTT GAVE THE RESOLUTION NO. 75 -22 A TITLE AND
CONTENT AS FOLLOWS: AUTHORIZING A LEAVE OF ABSENCE FROM THE.
CITY COUNCIL FOR LEO NICHOLAS FOR THE
MONTH OF JULY;
BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL THAT
COUNCILMAN LEO NICHOLAS BE EXCUSED FROM THE COUNCIL MEETINGS
FOR THE MONTH OF JULY IN ACCORDANCE WITH PROVISIONS OF THE
CITY CHARTER.
MR. NICHOLAS MOVED THE RESOLUTION BE ADOPTED.
MR. SALVAGGIO SECONDED. MOTION CARRIED UNANIMOUSLY.
MR. NICHOLAS REQUESTED THAT THE COUNCIL.MINUTES BE
FORWARDED TO HIM AND ALSO BUDGET INFORMATION WHILE HE IS
OUT OF TOWN.
MINUTES OF 6 -24.
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MICROFILMED 4.24 -80
MR. FRANK CARUSO REQUESTED COUNCIL APPROVAL
REGARDING HIS EFFORTS IN TRYING TO PERSUADE SMALL
BUSINESSES RELOCATE WITHIN THE CITY.
COUNCIL SUGGESTED MR. CARUSO BE PLACED ON ,
THE NEXT AGENDA WITH THIS ITEM.
AT 11:30 P.M. THE MEETING WAS ADJOURNED BY
MOTION OF MR. SALVAGGIOs SECONDED BY MAYOR MACLAY.
APPROVED THIS 1ST DAY OF JULY r 1975.
MINUTES OF 6 -24 -75
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