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Home My WebLink About09-02-1975 Regular MeetingMICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL SEPTEMBER 2, 1975 A. REGULAR MEETING OF'THE CITY COUNCIL OF THE.CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 2, 1975 AT CITY HALL 105 POLK 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 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 F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS CHIEF TWEED. MAYOR MACLAY MOVED TO SUSPEND'THE RULES OF PROCE- DURE AND ACCEPT THE-MINUTES-AS PRESENTED., MR. SALVAGGIO SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR . MACLAY, MR. NICHOLAS, MR. SALVAGGIO,. OPPOSED, MR. RHAME AND MRS-. THUR140 .MOTION CARRIED- UNFINISHED BUSINESS ITEM 1. ORDINANCE 10 -75 ESTABLISHING COMPREHENSIVE ZONING MR. RHAME MOVED THAT THIS ITEM BE CONTINUED TO THE NEXT COUNCIL MEETING IN- '.ORDER FCR _ THE" 'PLANNING & ZONING BOARD TO HAVE AN OPPORTUNITY TO REVIEW ADDITIONAL PROPOSED CHANGES. MRS THURM SECONDED THE MOTION- MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE 19 -75 RE: REZONING FROM C -1 nom M -9 Irn M- AMENDING ONI G ORD. -71 MAYOR MACLAY READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE 12 -71 WHICH AMENDS SECT16N IV.1, THEREOF AS TO THE ZONING DISTRICT CLASSIFICATION' CHANGING FROM C -1 AND M -2 CLASSIFICATION TO M -1 CLASSIFICATION A PARCEL OF LAND ABUTTING THE EAST SIDE OF HIGHWAY AlA; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR..RHAME SECONDED THE MOTION. AFTER DISCUSSION ON TdE LEGAL DESCRIP- TION IN THE APPLICATION, MR. NICHOLAS MOVED THAT THE ORDINANCE BE AMENDED TO INCLUDE ONLY THE LEGAL DESCRIPTION ATTACHED TO THE REQUEST AS ORIGINALLY PRESENTED BY THE APPLICANT.. 4MICRO ILMED 4 -24 -80 MAYOR MACLAY SECONDED THE MOTION. VOTE WAS AS FOLLOWS; IN FAVOR, MAYOR MACLAYp MR. NICHOLAS', MR. RHAME AND MRS. THURM. OPPOSED, MR.-SALVAGGIO. MOTION CARRIED. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR {' MAYOR MACLAY, OPPOSED, MR. NICHOLAS., MR. RHAME, MR. SALVAGGIO AND MRS. THURM. MOTION FAILED. ORDINANCE 19 -75 FAILED. IT WAS DETERMINED AT THIS TIME TO HOLD ITEM 3 UNTIL LATER IN THE MEETING AWAITING THE ARRIVAL OF MR. JONES, OF THE AUDITING FIRM ITEM 4. WORK ON ALTERNATE BUDGET MR_.SALVAGGIO.MOVED THAT THE ITEM BE POSTPONED UNTIL THE. =END OF THE AGENDA AFTER ITEM 11. MRS. THURM SECONDED THE MOTION. VOTE WAS AS- FOLLOWS:_.. IN FAVOR, MR. NICHOLAS,. MR. RH , MR.. SALVAGCIO..MRS THURM,.OPPOSED, MAYOR MACLAY. MOTION CARRIED. NEW BUSINESS _ THE CITY ATTORNEY SUGGESTED-TO COUNCIL THAT`ITEMS 1 AND 2 BE COMBINED AS THEY WERE PUBLIC_ HEARINGS COVERING RELATED SUBJECTS. ITEMS 1 AND 2 PUBLIC HEARING ON ADOPTING THE BUDGET AND MILLAGE INCREASE MR. SCOTT EXPLAINED THE PROPOSED MILLAGE INCREASE FIGURES AND ,IA'FFECT ON TAX ASSESSMENTS. MR. NICHOLAS - EXPLAINED? A CHART HE -H".-PREPARED-SHOWING EXPENDITURES BY THE CITY YEAR BY YEAR AND COMPARATIVE RISE IN EXPENDITURES IN VARIOUS DEPARTMENTS AND FUNCTIONS OF THE CITY. IT WAS BROUGHT OUT THAT THE BUDGET UP FOR ADOPTION HAD BEEN -CUT TO A MAXIMUM THEREFORE, COUNCIL WAS ASKING FOR THE INCREASE IN MILLAGE TO COVER THE CITY'S OPERATION FOR THE YEAR. A FEW QUESTIONS WERE., ASKED BY CITIZENS:IN THE AUDIENCE. ITEMS.3 AND 5 COMBINED RESOLUTION 75 -34 ADOPTING INCREASED MILLAGE AND SETTING STOR,l RAINAGE AND RECREATION COMP MILEAGE MAYOR MACLAY READ THE.RBSOLUTION ENTITLED: A RESOLUTION ESTABLISHING A MILLAGE RATE IN EXCESS OF THE RATE CERTIFIED BY THE BREVARD COUNTY TAX ASSESSOR FOR THE LEVY OF AD VALOREM TAXES FOR 1975 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. COUNCIL MINUTES 9 -2 -75 PAGE 2 OF 6 MICROFILMED 4.24 -0 MAYOR MACLAY MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, .MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED.MR. NICHOLAS. MOTION CARRIED. RESOLUTION 75 -34 PASSED. ITEM 4. RESOLUTION 75 -38 ADOPTION OF BUDGET; MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION ADOPTING THE ANNUAL GENERAL FUND BUDGET FOR THE 1975 THROUGH 1976 FISCAL YEAR; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. MAYOR MACLAY ' SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,. MAYOR MACLAY, MR. RHAMEVMR. SALVAGGIO, OPPOSED:,.MR. NICHOLAS, .MRS. THURM. MOTION`. ED. RESOLUTION 75 -38 PASSED. UNFINISHED BUSINESS-::` ITEM 3. RESOLUTION 75 -30 AGREEMENT FOR AUDITING MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPROVING AGREEMENT FOR AUDITING `SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND DOBSON, JONES & BJERNING, P.A.; PROVIDINfi:AN EFFECTIVE DATE. MR. RON JONES, FROM THE CITY'S AUDITING FIRM, EXPLAINED THE REASON FOR THE ADDITIONAL $500.00 FEE TO ..AUDIT THE MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND AND STATED THAT THIS AMOUNT WAS TO BE°PAID FROM THE'TRUST FUND ACCOUNT. MAYOR- 'MACLAY MOVED FOR ADOPTION OF THE - RESO.. LUTION,� MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS. IN FAVOR, MR. NICHOLAS. MR. MIAME, MR. SALVAGGIO, MRS. THURM, OPPOSED, MAYOR MACLAY. MMTCN CAM. NEW BUSINESS ITEM 6. RESOLUTION 75 -36 RE: APPOINTING AN ELECTION BOARD MAYOR MACLAY READ THE-RESOLUTION ENTITLED:_ A RESOLUTION APPOINTING AN ELECTION BOARD FOR THE SPECIAL REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. NICHOLAS,;, AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 7. REPORT FROM ATTORNEY RE: ACTION ON-SIGNS COUNCIL MINUTES 9 -2 -75 PAGE 3 OF 6 MICROFILMED 4= '2,4w,80 r MR. SCOTT REFERRED TO COMPLAINTS THAT THE MAYOR HAD BROUGHT UP IN THE PAST REGARDING ALLEGED ILLEGAL SIGNS AND STATED THAT HE HAD ASKED MR. ALLEN REPEATEDLY TO REVIEW THESE SIGNS AND FURNISH HIM WITH AN EXPERT OPINION AS TO THEIR LEGALITY. MR. SCOTT SAID THAT IN.ORDER TO PROSECUTE HE NEEDED BACKUP IN THE FORM OF EXPERT OPINIONS AND SUGGESTED PERHAPS IT MIGHT BECOME NECESSARY TO HIRE OUTSIDE EXPERTS FOR AN OPINION. MR. FRANCIS STATED THAT HE WOULD DIRECT MR. ALLEN THE NEXT DAY TO IMMEDIATELY REVIEW THE SIGNS INVOLVED AND FURNISH A WRITTEN 'OPINION REGARDING ANY VIOLATIONS. ITEM S. STATUS 0 F LOT CLEARING PROGRAM . MR. NICHOLAS SAID HE FELT THAT THE LOT CLEARING PROGRAM HAD SLOWED DOWN AND HE WOULD ASK FOR A REPORT FROM THE BUILDING OFFICIAL. MR. ALLEN WAS NOT IN`- ATl1RM E THIS ITEM `WILL; BE PLACED ON -THE NEXTi `AGENDA WITH A THOROUGH, COMPREHENSIVE .REPORT TO BE FURNISHED BY THE.BUILDING OFFICIAL AT THAT TIME. ITEM 10. RESOLUTION 7 5- 3 5 APPOINT ING BOARD -OF' ADJUSTMENT MEMBERS MAYOR MACLAY READ LETTERS.FROM APPLICANTS AND PLACED THE FOLLOWING NAMES IN NOMINATION: VINCENT MARINO', DEWEY ANDERSON, JACK HURCK, RICHARD. GALE, FRANK CARUSOP GEORGE MEGUTAR, CHARLES,-�MUHS, RICHARD THURMr E.J. KENDALL. MR. NICHOLAS MOVED TO AMEND THE RESOLUTION TO APPOINT THE 414FMBERS TO SERVE AT THE PLEASURE OF COUNCIL FOR AN INDEFINITE PERIOD UNTIL CITY COUNCIL HAS AN OPPORTUNITY TO SET QUALIFICATIONS AND RULES OF PROCEDURE FOR THE BOARQ. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MEMBERS WERE.POLLED ON THEIR CHOICE FOR FIVE BOARD OF ADJUSTMENT MEMBERS: MAYOR MACLAX - R. THURM, V. MARINO, D. ANDERSON, R. CALE E AND G. MEGUTAR MR. NICHOLAS - D. ANDERSON, R. CALE, F. CARUSO, G. MEGUTAR, i AND C. MUHS I MR..RHAME - V. MARINO, D. ANDERSON, G. MEGUTAR, C. MUHS R._ THURM COUNCIL MINUTES 9 -2 -75 PAGE 4 OF 6 MICROFILMED 4 -24 -80 M. SALVAGGIO - D. ANDERSON, V. MARINO, G. MEGUTAR, C. MUHS, F. CARUSO MRS. THURM - R. THURM, V. MARINO, D. ANDERSON, C. MUHS,, E. J. KENDALL BY PLURALITY VOTE THE FOLLOWING NAMES WERE INSERTED INTO THE RESOLUTION: RICHARD THURM, VINCENT MARINO, DEWEY ANDERSON.,GEORGE MEGUTAR, CHARLES MUHS. MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. NICHOLAS, SECONDED BY MR. RHAME AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 11 NEW PORT STUDY MRS. THURM GAVE AN EXTENSIVE REPORT ON THE RECENT PUBLIC HEARING MEETING AT THE PORT AUTHORITY REGARDING THE SEWERAGE MTUATION AND THE.PROBLEMS ARISING DUE TO THE SEA- FOOD PROCESSORSIWASTE MATERIAL.GOING INTO THE`'CITY PLANT. MRS. THURM BROUGHT OUT THAT THE COUNCIL SHOULD HAVE MORE DIRECT DEALINGS WITH THE PORT AUTHORITY IN ORDER TO BE KEPT AWARE OF PRESENT AND FUTURE PROBLEMS INVOLVING OUR PLANT. SHE RECOMMENDED THAT THE CITY AUTHORIZE A NEW STUDY BY THE ENGINEERS. MRS. THURM MOVED THAT THE CITY ENGAGE BRILEY, WILD ASSOCIATES (MR. STEVE THAYER) TO GO AHEAD WITH THEIR PROPOSED STUDY AT A COST NOT TO EXCEED $1,800,x00 WITHOUT- .COUNCIL APPROVAL. MR. SALVAGGIO SECONDED MOTION.. MAYOR MACLAY MOVED TO AMEND THE MOTION TO"PUT A,MORATORIUM ON ANY ADDITIONAL LARGE USAGE; INVOLVING PROCESSING AT THE PORT UNTIL THIS STUDY.IS COMPLETED. MR. RHAME SECONDED THE MOTION.' MOTION CARRIED UNANIMOUSLY. VOTE ON.THE MAIN MOTION, AS AMENDED, WAS UNANIMOUS. MOTION CARRIED. MR. FRANCIS WAS ASKED TO INFORM BRILEY..,WILD OF THIS DECISION. ITEM 9. CITIZENS' QUESTIONNA_RES MR. NICHOLAS GAVE COUNCIL CONDENSED REPORTS ON REPLIES -HE HAD RECEIVED FROM QUESTIONNAIRES DISTRIBUTED DURING HIS CAMPAIGN. THE QUESTIONNAIRE COVERED VARIOUS COUNCIL MINUTES 9 -2 -75 PAGE 5 OF 6 MICROFILMED .4.24 -80 s ACTIVITIES OF THE CITY AS WELL AS DEPARTMENTS AND BOARDS. MR. NICHOLAS WENT OVER SOME OF THE QUESTIONS INVOLVED AND THE RESPONSE FROM THE CITIZENS. HE ASKED THAT THE COUNCIL MEMBERS STUDY THESE AND EVALUATE THEM AS TO THE FEELINGS OF THE CITIZENS REGARDING CITY OPERATIONS. HE.ALSO RECOMMENDED THAT DEPARTMENT HEADS AND CITY BOARDS BE GIVEN COPIES FOR THEIR EVALUATION WITHIN THEIR AREAS. UNFINISHED BUSINESS ITEM 4. ALTERNATE BUDGET MRS. THURM STATED THAT SHE FELT COUNCIL SHOULD, INSTEAD OF MAKING LINE ITEM CUTS IN ORDER TO BALANCE THE BUDGET, �= DETERMINE AMOUNTS BY WHICH DEPARTMENTS SHOULD BE CUT AND THIN ALLOW THE DEPARTMENT HEAD INVOLVED TO HAVE THE OPPORTUNITY FIRST TO MAKE SUCH CUTS WITHIN THE DEPARTMENT. SOME DISCUSSION FOLLOWED ON_THE CITY MANAGER WORKING AGAIN WITH THE DEPARTMENT HEADS `IN AN :ATTEMPT -LTO COME BACX- WI:TH- 'A�-BAI,ANCED'4HUDG -T EXCLUDING THE ONE MILL TAX REVENUE FOR COUNCIL'S REVIEW. NO FURTHER ACTION ON.THE BUDGET AT THIS MEETING. BY MOTION OF MR. SALVAGGIO, SECONDED BY MAYOR MACLAY, THE MEETING WAS ADJOURNED AT 11:00 P.M. APPROVED THIS .9TH DAY OF SEPTEMBER: , 1975. COUNCIL MINUTES 9 -2 -75 PAGE 6 OF 6