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HomeMy WebLinkAbout07-06-1976 Regular MeetingD MICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL. JULY 6, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JULY 6, 1976-AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 8:00 P.M. by MAYOR LEO NICHOLAS AFTER WAITING THIRTY MINUTES FOR COUNCIL. -- MEN SALVAGGIO AND RHAME TO APPEAR. MAYOR NICHOLAS DECLARED THAT HE WAS CALLING THE MEETING TO ORDER DESPITE THE LACK OF A QUORUM, IN THAT HE FELT AN EMERGENCY SITUATION EXISTED, BECAUSE THE CITY CHARTER REQUIRES THAT THE VACATED COUNCIL SEATS BE FILLED ON OR BEFORE JULY 8, 1976. ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR NICHOLAS, COUNCILWOMAN ANN THURM, CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA OSTROM AND SGT. AT ARMS LES MERRITT. MINUTES OF THE MEETING OF JUNE 15., 1976 WERE APPROVED. UNFINISHED BUSINESS BY MOTION OF MRS. THURM, SECONDED BY MAYOR NICHOLAS AND UNANIMOUS VOTE, ITEM 2 WAS TAKEN UP AT THIS TIME. ITEM 2. RESOLUTION 76 -32 APPOINTMENT OF TWO COUNCIL MEMBERS MAYOR NICHOLAS READ LETTERS FROM ELEVEN APPLICANTS FOR COUNCIL SEATS AND ALL APPLICANTS PRESENT GAVE COUNCIL ADDITIO- NAL BACKGROUND INFORMATION. MAYOR NICHOLAS THANKED THE APPLICANTS FOR THEIR INTEREST IN SERVING ON THE COUNCIL. MRS. THURM PLACED ALL NAMES IN NOMINATION. COUNCIL'S CHOICE FOR THE 2 -YEAR TERM WAS AS FOLLOWS: MAYOR NICHOLAS - MARVIN BRADSHAW, MRS. THURM - JOHNSON L. MURPHY, JR. MAYOR NICHOLAS AGREED TO CHANGE HIS CHOICE TO MR. MURPHY IN AGREE- MENT WITH MRS. THURM. CHOICE FOR THE 1 -YEAR TERM WAS AS FOLLOWS: MAYOR NICHOLAS - MARVIN BRADSHAW, MRS. THURM - MR. HOOG. THERE MICROFILMED 4- 24.80 BEING NO MAJORITY FOR ONE CANDIDATE, MAYOR NICHOLAS MOVED TO DELETE FROM THE RESOLUTION, SECTION 2,AND CHANGE THE TITLE ACCORDINGLY. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ RESOLUTION 76 -32, AS AMENDED, ENTITLED "A RESOLUTION ELECTING A SUCCESSOR COUNCILMAN TO SERVE FOR THE REMAINDER OF THE .TE&M OF OFFICE OF LEO C. NICHOLAS; PROVIDING AN EFFECTIVE DATE." NAMING MR. JOHNSON L. MURPHY, JR. TO FILL THE 2 -YEAR COUNCIL TERM VACATED BY MAYOR NICHOLAS. MRS. THURM MOVED FOR ADOPTION, MAYOR NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. • THE CITY CLERK ADMINISTERED THE OATH OF OFFICE TO MR. MURPHY.. COUNCILMAN MURPHY THEN TOOK HIS SEAT ON THE COUNCIL. MRS. THURM MOVED TO ADD AN ITEM TO THE AGENDA, . RESOLUTION 76 -37 ENTITLED "A RESOLUTION ELECTING A SUCCESSOR COUNCILMAN TO SERVE FOR THE REMAINDER OF THE TERM OF OFFICE OF E. HARRISON RHAME; PROVIDING AN EFFECTIVE DATE.." MAYOR NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. A 10- MINUTE RECESS WAS CALLED AT 8:55 P.M. MEETING RECONVENED AT 9:05 P.M, MRS. THURM PLACED THE REMAINING APPLICANTS' NAMES IN NOMINATION FOR THE 1 -YEAR COUNCIL TERM. COUNCIL VOTED FOR 1' THE FOLLOWING APPLICANTS: MAYOR NICHOLAS - MARVIN BRADSHAW, MR. MURPHY - FRANK M. HOOG, MRS. THURM.- FRANK_M.'HOOG,-MAYOR NICHOLAS READ RESOLUTION 76 -37 (AS ENTITLED ABOVE) INSERTING THE NAME OF FRANK M. HOOG TO FILL THE 1 -YEAR TERM VACATED BY E. HARRISON RHAME. MRS. THURM MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE CITY CLERK ADMINISTERED THE OATH OF OFFICE TO MR. HOOG. COUNCILMAN HOOG THEN TOOK HIS SEAT ON THE COUNCIL. ITEM 1. RESOLUTION 76 -31 APPOINTMENT OF MAYOR PRO TEM ENTITLED: "A RESOLUTION ELECTING A MAYOR PRO TEM COUNCIL MINUTES JULY 6, 1976 PAGE 2 OF 5 1 1 1 MICROFILMED 4.24 -80 OF THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING AN EFFECTIVE DATE." MR. HOOG NOMINATED MRS. THURM AS MAYOR PRO TEM. NO ADDITIONAL NOMINATIONS WIRE MADE. MAYOR NICHOLAS READ THE RESOLUTION (ENTITLED ABOVE) NAMING MRS. THURM AS MAYOR PRO TEM. MR. HOOG MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION 76 -33 RE: 'COUNCIL,*AREAS OF INTEREST MAYOR NICHOLAS MOVED TO POSTPONE THIS ITEM FOR ONE WEEK. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. ITEM 4. ORDINANCE 14 -76 RE: ESTABLISHING LOCAL PLANNING AGENCY (2ND READING MAYOR NICHOLAS READ THE ORDINANCE IN FULL ENTITLED:- AN ORDINANCE DESIGNATING AND ESTABLISHING THE LOCAL PLANNING AGENCY PURSUANT TO SECTION 163.3174, FLORIDA STATUTES; SETTING OUT THE DUTIES OF LOCAL PLANNING AGENCY, PROVIDING FOR DESIGNATION OF AGENCY, DEPART- MENT , COMMITTEE OR PERSON TO PREPARE COM- PREHENSIVE PLAN; PROVIDING ORGANIZATION, RULES AND PROCEDURES OF LOCAL PLANNING AGENCY; PROVIDING MEETINGS AND RECORDS SHALL BE PUBLIC; PROVIDING FUNDING; PROVIDING SEV,ERABILITY; REPEALING CONFLICTING ORDINANCES AND RESOLU- TIONS; AND PROVIDING FOR AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. MAYOR NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS NOTED THAT THE CITY HAD RECEIVED AN EXTENSION FOR PASSAGE OF THIS ORDINANCE FROM JULY 1, 1976 TO SEPTEMBER 1, 1976. ITEM 5. RESOLUTION 76 -36 APPOINTMENT OF COMMERCIAL DEVELOPMENT BOARD MEMBERS MAYOR NICHOLAS READ A LETTER OF RESIGNATION FROM WALTER COOK. MRS. THURM MOVED THAT MR. COOK'S RESIGNATION BE ACCEPTED. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ LETTERS FROM THREE APPLICANTS FOR THE BOARD. MICHAEL BRADY, BOARD MEMBER IN THE_AUDIENCE, INFORMED COUNCIL OF THE BOARD'S.RECOMMENDATION FOR MARILYN RIGERMAN AND PAT MC GARY AS REGULAR MEMBERS. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: "A RESOLUTION APPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD; PROVIDING AN EFFECTIVE DATE." COUNCIL MINUTES JULY 6, 1976 PAGE 3 OF 5 r MICROFILMED 4 -24 -80 A NEW SECTION 2 WAS INSERTED IN THE RESOLUTION. MRS. THURM MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY APPOINTING MARILYN RIGERMAN AND PATRICIA MC GARY TO THE BOARD. NEW BUSINESS .ITEM 1. ACCEPTANCE ADJUSTMENT MAYOR NICHOLAS READ MARINO RESIGNING FROM THE .BOAR: MOVED THAT THIS RESIGNATION BE OF RESIGNATION OF BOARD OF CHAIRMAN A LETTER FROM MR. VINCENT D OF ADJUSTMENT. MRS. THURM ACCEPTED WITH EXTREME REGRET AND A LETTER OF APPRECIATION BE SENT TO MR. MARINO. MR. HOOG SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, ITEM.2. COUNCIL'S PERMISSION FC3R.CITY ATTORNEY TO PROCEED WITH LITIGATION RE: SRO I G'S SERVICE STATION MR. SCOTT EXPLAINED THE CIRCUMSTANCES AND VIOLATIONS REGARDING THIS ITEM. DUE TO THE NEW COUNCIL MEMBERS BEING UNFAMILIAR WITH THE SUBJECT MATTER, MR. HOOG MOVED THAT THIS ITEM BE POSTPONED FOR TWO WEEKS. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RUBBISHMAN COST OF LIVING RAISE. MRS. THURM TOLD COUNCIL THAT THE ANNUAL COST OF LIVING INCREASE FOR RUBBISHMAN HAD ALWAYS COME BEFORE COUNCIL FOR DISCUSSION AND APPROVAL. DUE TO THE FACT THAT MR. FRANCIS WAS ON VACATION, MRS. THURM MOVED THAT THIS ITEM BE POSTPONED FOR ONE WEEK UNTIL MR..FRANCIS RETURNED. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. COUNCIL'S AUTHORIZATION FOR REPLACEMENT OF TERMINAT_,.D EMPLOYE AT POLLUTION CONTROL PLANT MR. DICK MEHAL, POLLUTION CONTROL, PLANT, INFORMED COUNCIL THAT DUE TO THE RESIGNATION OF MR. FEILTEAU HE WOULD NEED A REPLACEMENT TO KEEP THE PLANT OPERATING EFFICIENTLY. HE STATED THAT DURING VACATION TIMES OVERTIME WOULD BE NECESSARY WITHOUT A REPLACEMENT. AFTER SOME DISCUSSION, MRS.. THURM MOVED THAT REPLACEMENT OF A TERMINATED EMPLOYE BE APPROVED. MR. HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES' JULY 6, 1976 PAGE 4 OF 5 . DISCUSSION ITEMS: MICROI;ILMED 4.24.80 MRS. FRANK FINN GAVE COUNCIL A REPORT ON THE HANDICRAFT SHOW AND ASKED THAT COUNCIL CONSIDER AUTHORIZATION FOR THIS EVENT TO BE HELD ON THE FOURTH SATURDAY OF EVERY MONTH. THIS ITEM WILL BE .PLACED ON THE AGENDA OF JULY 13. MRS. FINN PRESENTED THE CITY WITH $25.00 PROCEEDS FROM THE SHOW WHICH THE CITY WILL PASS,ON TO THE BICENTENNIAL COMMITTEE. MAYOR NICHOLAS READ LETTER OF INTEREST TO THE COUNCIL. MR. JOHN OSBORNE, IN THE AUDIENCE, BROUGHT UP THE PROBLEM OF SHARK HUNTING ON THE BEACHES AND MOTOR BOATS BEING LAUNCHED FROM THE BEACH. MR. SCOTT IS TO RESEARCH THE LAW REGARDING LAUNCHING OF BOATS. BY MOTION OF MRS. THURM, SECONDED BY MR. MURPHY,. MEETING ADJOURNED AT 11:00 P..M. APPROVED THIS 13 DAY OF JULY , 1976. OR COUNCIL MINUTES JULY 61 1976 PAGE 5 OF 5