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HomeMy WebLinkAbout09-23-1975 Regular Meetingt, MICROFILMED 4 -24 -80 F - REGULAR MEETING CITY COUNCIL SEPTEMBER 23, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY-.OF CAPE.CANAVERAL WAS HELD ON SEPTEMBER 23, 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. H. RHAME. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR PRO TEM E. H. RHAME, COUNCILMEN L. C. y: NICHOLAS, G. J. SALVAGGIO AND MRS. ANN THURN. CITY MANAGER ALBERT J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD F.. SCOTT, SGT. AT ARMS CHIEF TWEED, CITY CLERK ANITA J. OSTROM. THE MINUTES OF SEPTEMBER 16 WERE APPROVED AS READ. UNFINISHED BUSINESS - ITEM 1. ORDINANCE 10 -75 ESTABLISHING COMPREHENSIVE ZONING POSTPONED) MR. ALLEN REVIEWED THE FOLLOWING CHANGES WHICH MR. RHAME READ INTO..THE PROPOSED ORDINANCE. PAGE 98, A NEW PARAGRAPH TO BE ADDED TO SECTION 638.2.7 SETTING OUT OUTDOOR COMMERCIAL RECREATION AND AMUSEMENT ENTERPRISE REGULATIONS. PAGE 225, INSERT NEW PARAGRAPH "C" TO READ, "SEE' 639.59" PAGE 257, PARAGRAPH 647.05 LINE 11 TO READ, "NOR SHALL SUCH RESTRICTION APPLY TO THE CITY COUNCIL,'THE -. LEGAL DESCRIPTIONS TO BE REVIEWED BY THE CITY ATTORNEY. MRS. THURM MOVED TO CONTINUE FURTHER WORK ON THIS ORDINANCE TO THE NEXT REGULAR COUNCIL MEETING. MR. RHAME SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. GROUP INSURANCE MR. FRANCIS STATED THAT A MEETING HAD BEEN HELD WITH THE CITY EMPLOYEES AND THAT THEY HAD AGREED THAT THE JOHN HANCOCK PLAN WOULD BE THEIR CHOICE. MR. BRUCE CONNORS, DISTRICT GROUP REPRESENTATIVE FOR HOME LIFE INSURANCE, TALEED TO COUNCIL REGARDING THEIR REVISED PLAN. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. NICHOLAS AND UNANIMOUS VOTE, THE JOHN HANCOCK GROUP INSURANCE MICROFILMED 4 -24 -E0 , PLAN WAS APPROVED ITEM 3. SEWER BUDGET MRS. THURM MOVED TO POSTPONE THIS ITEM TO THE END OF UNFINISHED BUSINESS. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. P.B.A. CONTRACT REPORT MR. SALVAGGIO STATED THAT A MEETING WAS TO BE SET FOR NEGOTIATIONS AND THAT A REPORT SHOULD BE FORTH- COMING BY THE OCTOBER 7 MEETING. THIS ITEM TO BE PLACED ON THE OCTOBER 7 AGENDA. ITEM EASEMENT FOR FLORIDA POWER AND LIGHT. MR. SCOTT STATED THAT THE LEGAL DESCRIPTION WAS ACCURATE BUT THAT'FLORIDA POWER AND LIGHT WOULD HAVE.THE RIGHT TO GO UNDER THE TENNIS COURTS FOR REPAIRS. BY MOTION OF MR. SALVAGGIO, SECONDED BY . MR. NICHOLAS,; AND - UNAN124OUS ' VOTE;, .THIS .ITEM sWAS -POS.TL.ONED TO THE NEXT AGENDA. ITEM 6. ORDINANCE 22 -75 RE: CHANGING FROM C- AND R -3 ZONING CLASSIFICATION TO TR-1 CLASSIFICATION, AMENDING ZONING ORDINANCE READIN. MR. RHAME READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ORDINANCE 12 -71 SECTION IV.I.THEREOF AS TO THE ZONING DISTRICT CLASSI- FICATION CHANGING FROM C -1 AND R -3 CLASSIFICATION TO TR-1 CLASSIFICATION A PARCEL OF LAND LOCATED IN SECTION 22 AND SECTION 23, TOWNSHIP 24, RANGE 37 WEST OF HIGHWAY AlA, PROVIDING AN EFFECTIVE DATE. MR. RHAME ALSO REVIEWED THE APPLICATION AND LEGAL NOTIFICATIONS. MR. SALVAGGIO MOVED FOR APPROVAL. MR. NICHOLAS SECONDED THE MOTION. MR. WALLY COOK, AGENT FOR THE APPLICANT, AGAIN DESCRIBED THE PROPOSED DEVELOPMENT. DISCUSSION FOLLOWED REGARDING THE DEVELOPMENe COMPLIANCE WITH THE SUBDIVISION ORDINANCE AND VARIOUS PARTIES"IN "THE AUDIENCE SPOKE FOR AND AGAINST THIS PROJECT. MR. RHAME READ TWO OPPOSED TO THE DEVELOPMENT, LETTERsA ONE FROM THE BITCHING POST TRAILER PARK AND ONE FROM COLETTE CANNON. MR. NICHOLAS MOVED THAT THIS ITEM BE POSTPONED UNTIL OCTOBER 7. MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MRS. THURM, OPPOSED, MR. RHAME AND MR. SALVAGGIO. MOTION FAILED. VOTE ON THE MAIN MOTION FOR APPROVAL WAS AS FOLLOWS: IN FAVOR, COUNCIL MINUTES PAGE 2 OF 6 9 -23 -75 ' M lCR0FlLM0� : 4 -24 =80 'MR. SALVAGGIO, OPPOSED, MR. NICHOLAS, MR. RHAME. MRS. THURM ABSTAINED FROM VOTING DUE TO POSSIBLE CONFLICT OF INTEREST. MOTION FAILED. ORDINANCE FAILED. A RECESS WAS CALLED AT 9:07PP.M._.:MEETING RECONVENED AT 9:15 P. M. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO AND UNANIMOUS AGREEMENT, ITEM 1 AND ITEM 2 UNDER NEW BUSINESS WERE TAKEN UP AT THIS TIME. NEW BUSINESS ITEM 1. TABULATION AND CERTIFICATION OF ABSENTEE BALLOT'S MR. RHAME OPENED AND CANVASSED THE 9 ABSENTEE BALLOTS. RESULTS WERE: 6 FOR THE REFERENDUM. 3 AGAINST THE REFERENDUM ITEM 2. RESOLUTION 75 -40 CERTIFICATION OF ELECTION RESULTS MRS. SCABAROZI, CLERK OF THE ELECTION BOARD, PRESENTED THE CERTIFICATION OF RESULTS FROM THE POLLS AS FOLLOWS: 442 VOTES CAST 138 FOR THE REFERENDUM. 304 AGAINST THE REFERENDUM . MAKING TOTAL VOTES AS FOLLOWS: 451 TOTAL VOTES CAST 144 FOR THE REFERENDUM 307 AGAINST THE REFERENDUM MR. RHAME READ THE RESOLUTION ENTITLED: A RESOLUTION CERTIFYING THE RESULTS OF THE SPECIAL REFERENDUM ELECTION OF SEPTEMBER 23, 1975; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. UNFINISHED BUSINESS ITEM 34 SEWER BU_ DGET THE FOLLOWING MOTIONS WERE MADE REGARDING FINALIZING THE SEWER BUDGET. MR. SALVAGGIO MOVED TO ELIMINATE THE 5- PERCENT INCREASE IN SALARIES. MR. NICHOLAS SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO, OPPOSED, MRS. THURM. MOTION CARRIED. MR. SALVAGGIO MOVED TO ELIMINATE THE UNIFORM ACCOUNT. MR. RHAME SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR., MR. SALVAGGIO, OPPOSED, MR. NICHOLAS, M.R. RHAME, MRS. THURM. MOTION FAILED. COUNCIL MINUTES 9 -23 -75 PAGE 3 OF 6 MICROFILMED 4-24-80 MR. SALVAGGIO MOVED TO.ELIMINATE THE CLEANER FROM CAPITAL ITEMS. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. SALVAGGIO MOVED TO ELIMINATE THE $2,500 FOR PICK -UP TRUCK. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,.MR. RHAME, MR. SALVAGGIO, OPPOSED, MR. NICHOLAS, MRS. THURM. MOTION FAILED. MRS. THURM MOVED TO INSERT $7,500 FOR A UTILITY SHED. MR. RHAME SECONDED. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. RHAME, MRS. THURM, OPPOSED, MR. SALVAGGIO. MOTION CARRIED. MRS. THURM MOVED TO ADJUST THE INCOME FROM THE CONTRACT REPAIR FROM $3,000 TO $4,000. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY._ MRS. THURM MOVED TO ADJUST THE UTILITY OPERATING INCOME TO $200,500. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. SALVAGGIO MOVED TO REMOVE -ANY MERIT INCREASES. MOTION FAILED FOR LACK OF A SECOND. SEWER BUDGET WILL BE ADOPTED WITH ALTERNATE BUDGET. NEW BUSINESS ITEM 3. RESOLUTION 75 -41 CERTIFICATION'OF MILLAGE TO TAX ASSESSOR MR. RHAME READ THE RESOLUTION 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. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO A17D UNANIMOUS VOTE, THE RESOLUTION WAS,ADOPTED. ITEM 4. RESOLUTION 75 -42 ADOPTION OF SUBSTITUTE BUDGET o` MR. RHAME WENT OVER THE SUBSTITUTE BUDGET POINTING OUT CHANGES MADE IN COMPARISON TO THE BUDGET ADOPTED ON SEPTEMBER 2. MUCH DISCUSSION FOLLOWED BY COUNCIL MEMBERS AND EMPLOYEES IN ATTENDANCE. MR. SALVAGGIO MOVED THAT THE COUNCIL RECONSIDER THIS ALTERNATE BUDGET BEFORE ADOPTION. MR. NICHOLAS SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. SALVAGGIO, OPPOSED, MR. RHAME, MRS. THURM MOTION FAILED. AFTER FURTHER DISCUSSION, MR. SALVAGGIO AGAIN COUNCIL MINUTES °. 9 -23 -75 -PAGE.-4 OF 6 " r MICROFILMED 4-24 -80 MOVED TO RECONSIDER. MR. NICHOLAS SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. SALVAGGIO, OPPOSED, MR. RHAME, MRS. THURM. MOTION FAILED. MR, RHAME READ RESOLUTION 75- 42- ENTITLED: A RESOLUTION ADOPTING THE ANNUAL GENERAL FUND. BUDGET AND THEANNUAL SANITARY SEWER BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30, 1976; PROVIDING AN EFFECTIVE DATE. MR. RHAME MOVED FOR ADOPTION. MRS. THURM'SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MRS. THURM, OPPOSED MR. NICHOLAS, MR. SALVAGGIO. MOTION FAILED. MRS. THURM MOVED TO CONTINUE THE BUDGET ADOPTION TO WEDNESDAY, SEPTEMBER 24 AT 2:00 P.M. MR.NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. AT 11:20 P.M. MRS. THURM MOVED TO ADJOURN. MR. SALVAGGIO SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. SALVAGGIO, MRS. THURM, OPPOSED, MRS. NICHOLAS, MR. RHAME MOTION FAILED. ITEM 5. RESOLUTION 75-43 APPOINTMENT . OF COMMERCI'AL DEVELOPMENT BOARD LETTERS WERE READ FROM APPLICANTS.: RICHARD.OLSONv MARVIN BRADSHAW, FRANK CARUSO, E.L.. ROBERSON,, WALLACE COOK, AND JOHN GEMENDER!, COUNCIL WAS POLLED ON THEIR CHOICE OF THE APPLICANTS FOR SECTIONS 1 AND 2 AS FOLLOWS: MR. NICHOLAS - MR. CARUSO AND MR. BRADSHAW MR. RHAME. MR. CARUSO AND MR. BRADSHAW MR. SALVAGGIO - MR. CARUSO AND MR. ROBERSON MRS. THURM - MR. CARUSO AND MR. COOK. FOR THE REMAINING SEATS, CHOICE WAS AS FOLLOWS: MR. NICHOLAS - MR. OLSON, MR. ROBERSON,'MR. COOK MR. RHAME - MR. OLSON, MR. ROBERSON, MR. COOK MR. SALVAGGIO - MR. OLSON, MR. ROBERSON, MR:. COOK MRS. THURM - MR. OLSON, ROBERSON, MR. COOK MR. RHAME READ THE RESOLUTION ENTITLED: 'i A RESOLUTION APPOINTING MEMBERS AND ALTERNATE MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD; PROVIDING AN EFFECTIVE DATE: INSERTING THE MEMBERS AND THEIR TERMS AS FOLLOWS: FRANK CARUSO, TERM EXPIRES ON SEPTEMBER 23, 1978 MARVIN BRADSHAW, TERM EXPIRES ON SEPTEMBER 23f 1978 RICHARD OLSON, TERM EXPIRES ON SEPTEMBER 23, 1977 WALLACE COOK, TERM EXPIRES ON SEPTEMBER 23, 1977 E. L. ROBERSON, TERM EXPIRES ON SEPTEMBER 23, 1977 JOHN GEMENDER, ALTERNATE MEMBER, TERM EXPIRES SEPT. 23, 19: COUNCIL MINUTES 9 -23 -75 PAGE 5 OF 6 MICROFILMED 4 -24 -80 BY MOTION OF MR. NICHOLAS, SECONDED BY MR. SALVAGGIO 1 AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ITEM 6. REPORT RE: QUESTIONNAIRES MR. NICHOLAS GAVE COUNCIL A RECAP-OF-HIS INTERPRETA- TION OF THE FEELING OF THE CITIZENS AS REFLECTED IN HIS QUESTIONNAIRES. MR. RHAME THANKED MR. NICHOLAS FOR HIS WORK ON THE PROJECT. ITEM 7. APPOINTMENT OF BICENTENNIAL COMMITTEE MR. FRANCIS ASKED THAT THIS ITEM BE HELD UP UNTIL THE OCTOBER 14 MEETING AT THE REQUEST OF MR. BERGDOLLOCMU -OF PENNSYLV,A = FLORIDA BICENTMOrTAL OMMTTEE.- ITEM 8, LETTER RE: COMPLAINT- POLICE DEPARTMENT MR. SALVAGGIO ASKED THAT THIS ITEM BE REMOVED FROM THE AGENDA. .DISCUSSION ITEMS: MRS. THURM READ A LETTER FROM BRILEY, WILD AND ASSOCIATES REGARDING THE.PROPOSED $1,800 PORT STUDY. MR. SALVAGGIO QUESTIONED MRS. THURM REGARDING A MEETING. WITH SEWER PLANT EMPLOYEES. MR FRANCIS STATED .THAT DEPARTMENT HEAD MEETINGS WOULD START ON THE FIRST FRIDAY IN OCTOBER AND THAT THE DEPARTMENT HEADS WOULD LIKE COUNCIL MEMBERS TO ATTEND THESE STAFF MEETINGS IN LIEU OF ACTIVITY REPORTS. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, THE MEETING ADJOURNED AT 12 :10 A.M. APPROVE THIS 7TH DAY OF OCTOBER , 1975. COUNCIL MTJ4UTES 9 -23 -75 :�z, PAGE 6 OF 6