The URL can be used to link to this page

Home My WebLink About12-16-1975 Regular MeetingMICROF1LMEQ 4 -24.80 REGULAR MEETING CITY COUNCIL DECEMBER 16, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON DECEMBER 16, 1975 AT CITY HALL 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:32 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: L.C. NICHOLAS, MANAGER ALBERT SCOTT, SGT. AT MAYOR FRANKLYN FAMILY. MAYOR PRO TEM E. HARRISON RR G.J. SALVAGGIO AND MRS. ANN J. FRANCIS, ASSISTANT CITY . ARMS LT. CANNON, CITY CLERK P. MACLAY WAS ABSENT DUE TO MME, COUNCILMEN THURM. CITY 4TTORNEY RICHARD F. ANITA J. OSTROM. ILLNESS IN HIS THE MINUTES OF THE MEETING OF DECEMBER 9 WERE APPROVED AS AMENDED. MR. BRIAN KELLEY, CAPE CANAVERAL SCOUT MASTER, WAS IN ATTENDANCE WITH SEVERAL BOY SCOUTS. MR. KELLEY TOLD OF A RECENT CONTEST AMONG THE SCOUTS REGARDING CITIZENSHIP AND MERIT BADGES. THE WINNER OF THE CONTEST WAS SCOUT DAVID OSBORNE, TO WHOM MAYOR PRO TEM PRESENTED A KEY TO THE CITY. MR. KELLEY THANKED MAYOR MACLAY FOR HIS ASSISTANCE IN THIS PROJECT. THE TREASURER'S REPORT WAS ACCEPTED AS SUBMITTED. MAYOR PRO TEM RHAME ANNOUNCED THAT ITEM 1, UNDER UNFINISHED BUSINESS, AND ITEM 3, UNDER NEW BUSINESS, WERE ON THE AGENDA IN ERROR. MRS. THURM MOVED THAT THESE TWO ITEMS BE DELETED FROM THE AGENDA. MR. SALVAGGIO SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED_BUvINESS ITEM 2. DISCUSSION RE: AD VALOREM TAX REFERENDUM MR. NICHOLAS STATED THAT IN VIEW OF THE CITY'S BUDGETARY PROBLEMS HE FELT A REFERENDUM SHOULD BE CONSIDERED FOR JUNE OF 1976 FOR THE VOTERS TO CONSIDER ADDITIONAL TAXES TO FUND THE MICROFILMED 4 -24 -80 LEVEL OF SERVICES THEY WOULD LIRE TO MAINTAIN IN THE POLICE DEPARTMENT. MUCH DISCUSSION FOLLOWED ON THE NEED AND THE MANNER OF ADEQUATELY INFORMING THE VOTERS. THERE WERE COMMENTS AND SUGGESTIONS FROM THE FLOOR. MR. RHAME ASKED MR. NICHOLAS IF HE COULD COME UP WITH A PROPOSED STRUCTURE TO PRESENT TO THE PEOPLE AND ASKED THE PEOPLE IN THE AUDIENCE AND THEIR FRIENDS TO INFORM THE COUNCIL OF THEIR IDEAS. THIS ITEM TO BE ON THE AGENDA WITH A REPORT FROM MR. NICHOLAS ON JANUARY 20, 1976. ITEM 3. DISCUSSION RE: REPRODUCTION OF ORDINANCES. MR. SCOTT WILL ASK THE ETHICS COMMISSION IF THIS REPRODUCTION COULD BE DONE THRU THE FIRM OF A COUNCIL MEMBER IF COST ONLY IS CONSIDERED AND NO PROFIT GAINED BY THE COMPANY. MR. SALVAGGIO MOVED THAT REPRODUCTION OF THE ZONING ORDINANCE BE AUTHORIZED IN THE MOST ECONOMICAL AND LEGAL WAY. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. DISCUSSION RE: ORDINANCE FOR GARBAGE FEES MR. RHAME STATED THAT DUE TO BUSINESS PRESSURES HE HAD NOT BEEN ABLE TO PREPARE A SCHEDULE OF FEES. MR. NICHOLAS MOVED THAT A SPECIAL MEETING BE SET FOR DECEMBER 30, AT 7:30 P.M. FOR FIRST READING OF AN ORDINANCE ON NEW GARBAGE FEES. THE MOTION WAS SECONDED BY MRS. THURM. MOTION CARRIED UNANIMOUSLY. ITEM 2. DISCUSSION RE: ORDINANCE FOR SIGN FEES MRS. THURM STATED THAT A NEW SIGN FEE STRUCTURE WAS BEING INCLUDED IN THE NEW ZONING ORDINANCE AND WAS BEING WORKED UP BY MR. ED BALOUGH. MRS. THURM FELT THAT ANY OTHER ORDINANCE ON FEES COULD BE CONFLICTING AND STATED THAT SHE WOULD BE IN TOUCH WITH MR. BALOUGH TO DETERMINE COMPLETION DATE OF THE NEW SIGN ORDINANCE FOR FIRST READING. NO ACTION AT THIS TIME. ITEM 4. RESOLUTION NO. 75 -52 RE: 911 EMERGENCY TELEPHONE SYSTEM MR. RHAME READ THE RESOLUTION ENTITLED: A RESOLUTION REQUESTING FLORIDA STAT LEGISLATURE PROVIDE LOCAL GQVERNMENT, COUNCIL MINUTES 12 -16 -75 MICROFILMED 4.24.80 WITH NECESSARY FUNDS FOR 911 EMERGENCY SYSTEM; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. MRS.THURM SECONDED THE MOTION. MR. NICHOLAS MOVED TO AMEND BY DELETING THE LAST PARAGRAPH AND DELETING THE FOLLOWING WORDS IN THE THIRD PARAGRAPH, "PROVIDED FUNDS ARE MADE AVAILABLE ON A LOCAL LEVEL ". MR. SALVAGGIO SECONDED THE MOTION. MOTION TO AMEND CARRIED BY UNANIMOUS VOTE. VOTE ON THE MAIN MOTION WAS UNANIMOUS. RESOLUTION, AS AMENDED, WAS ADOPTED. ITEM 5. CITY ATTORNEY'S REPORT ON PBA GRIEVANCE WITH PERC MR. SCOTT PRESENTED A WRITTEN REPORT TO COUNCIL AND FURTHER EXPLAINED THE STEPS AND METHODS OF HANDLING THIS GRIEVANCE. HE STATED THAT HE FELT THE CITY SHOULD FILE A COMPLAINT AGAINST THE PBA FOR UNFAIR LABOR PRACTICES DUE TO THEIR REFUSAL TO FURTHER NEGOTIATE WITH THE CITY. HE IS OBTAINING THE PROPER FORMS FOR FILING THIS COMPLAINT. MR. NICHOLAS MOVED THAT THE CITY ATTORNEY BE AUTHORIZED TO FILE THESE FORMS. MRS. THURM SECONDED. MOTION CARRIED UNANIMOUSLY. ITEM 6. ADDITIONAL LEAVE DAYS FOR CITY PERSONNEL ON DECEMBER 26 AND JANUARY MR. NICHOLAS MOVED THAT THE CITY PERSONNEL BE AUTHORIZED ADMINISTRATIVE LEAVE ON DECEMBER 26 AND JANUARY 2. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. DISCUSSION RE: ADOPTING EXCAVATION CODE MR. SALVAGGIO MOVED THAT THIS ITEM BE DELETED FROM THE AGENDA. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. DISCUSSION RE -: ACCIDENT WITH CITY EQUIPMENT MR. NICHOLAS STATED THAT HE FELT THAT THE DEPARTMENT HEAD INVOLVED IN THIS ACCIDENT SHOULD NOT BE REPRIMANDED AS COUNCIL HAD REFUSED TO ALLOW THE SEWER DEPARTMENT THE PIECE OF EQUIPMENT THAT THEY HAD REQUESTED IN THEIR BUDGET. HE FELT THAT COUNCIL SHOULD RECONSIDER THIS ITEM ON THE BUDGET AND THE REPRIMAND BE RESCINDED. DISCUSSION FOLLOWED ON THE PROPER COUNCIL MINUTES 12 -16 -75 PAGE 3-OF 5 r � MICROFILVED 4.24 -80 TYPE OF EQUIPMENT FOR CLEANING THE SLUDGE BEDS AT THE SEWER PLANT. MR. FRANCIS STATED THAT THERE WAS A NEW PLANT AT THE PORT THAT WOULD BE ABLE TO USE ALL THE SLUDGE FOR COMPOST WHICH WOULD ALLEVIATE OUR PROBLEM. NO ACTION TAKEN ON THIS ITEM. MR. FRANCIS RELATED TO COUNCIL THAT HE HAD RECEIVED REQUESTS FROM BAR OWNERS FOR PERMISSION TO REMAIN OPEN ALL NIGHT NEW YEAR'S EVE. MR. SALVAGGIO MOVED TO ADD AN EMERGENCY ORDINANCE TO THE AGENDA REGARDING BAR HOURS. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME READ THE EMERGENCY ORDINANCE NO. 31 -75 IN FULL ENTITLED: AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 23 -721 AS AMENDED, BY EXTENDING CLOSING HOURS OF ESTABLISHMENTS HOLDING STATE ALCOHOLIC BEVERAGE LICENSES ON NEW YEAR'S EVE, DECEMBER 31, 1975; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THE EMERGENCY ORDINANCE WAS ADOPTED. MR. FRANCIS ASKED FOR PERMISSION TO USE THE BACKHOE AND OPERATOR TO REMOVE A LARGE PALM TREE FROM THE CORNER OF ORANGE AND MADISON AVENUES FOR A PRIVATE INDIVIDUAL. MR. SALVAGGIO MOVED FOR AN ADD -ON ITEM. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. NICHOLAS MOVED TO AUTHORIZE THE USE OF THE BACKHOE AND OPERATOR TO REMOVE THIS TREE ON A CHARGE BASIS. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. FRANCIS INFORMED COUNCIL HE HAD TAKEN THE LIBERTY OF APPOINTING HIMSELF AS TEMPORARY CHAIRMAN OF THE BICENTENNIAL COMMITTEE FOR THE PURPOSE OF THE STATE APPLICATION. HE ALSO ANNOUNCED DEDICATION OF THE NEW RECREATION COMPLEX TO BE HELD ON SATURDAY, AT 11:00 A.M., WITH MRS. THURM AS MISTRESS OF CEREMONIES. MR. SALVAGGIO MOVED FOR AN ADD -ON ITEM FOR APPROVAL OF POLICE DEPARTMENT BILLS FOR CAR RENTALS, MRS. THURM COUNCIL MINUTES 12 -16 -75 PAGE 4-OF 5 MICROFILMED 4 -24 -80 SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, RING MOTOR COMPANY INVOICE NUMBERS 1128, 1144 AND 1175 IN THE TOTAL AMOUNT OF $1,040.10, WERE APPROVED FOR PAYMENT FROM THE CONTINGENCY FUND. MR. RHAME NOTED THE RECENT TRAGIC LOSS OF MR. TOM BERGDOLL, CHAIRMAN OF THE BICENTENNIAL COMMITTEE. HE STATED THAT MR. BERGDOLL HAD WORKED HARD ON BEHALF OF THE CITY ON THIS COMMITTEE AND THAT THE CITY REGRETS THIS LOSS. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, MEETING ADJOURNED AT 9:35 P.M. APPROVED THIS 6TH DAY OF JANUARY , 1975. COUNCIL MINUTES 12 -16 -75 PAGE 5 OF 5