HomeMy WebLinkAbout12-07-1976 Regular MeetingN
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REGULAR MEETING
CITY COUNCIL
DECEMBER 7, 197 6
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL WAS HELD ON DECEMBER 7, 1976 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY
MAYOR LEO C. NICHOLAS.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: COUNCILMEN F.M. HOOG, J.L. MURPHY,,MAYOR L.C.
NICHOLAS, COUNCILMAN G.J. SALVAGGIO AND COUNCILWOMAN ANN H.
.THURM; CITY_ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J.
OSTROM, SGT. AT ARMS POLICE CHIEF TWEED.
THE MINUTES OF NOVEMBER 16 WERE APPROVED AS READ.
MR. HENRY TAYLOR AND MR. JOHN MCCAULEY - B.E.D.C.
PRESENTATION RE: NEW BUSINESS
MR. JOHN MCCAULEY AND MR. HENRY TAYLOR FROM BREVARD
ECONOMIC DEVELOPMENT COUNCIL MADE A PRESENTATION TO COUNCIL
REGARDING THE PROPOSED EXPANSION OF NORTH ELECTRIC COMPANY'S
FACILITIES IN-THE CITY. THEY TOLD OF THE GROWTH FACTOR WHICH
NORTH ELECTRIC ANTICIPATES IN THE NEXT FIVE YEARS AND EXPLAINED
THE NEED.FOR THEIR REQUEST OF RE- ZONING AND ABANDONING OF THE ROAD
RIGHT -OF -WAY ACROSS THE PROPERTY INVOLVED. THIS REQUEST WILL
GO THRU THE PLANNING AND ZONING BOARD AND BACK TO COUNCIL FOR
ACTION. MR. TAYLOR AND MR. MCCAULEY WERE THANKED FOR THEIR
PRESENTATION AND ASSURED THAT THE REQUEST WOULD BE GIVEN EVERY.
CONSIDERATION.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 21 -76RE :.HOURS ALCOHOLIC BEVERAGES
SOLD - SERVED - AMENDING CITY CODE CHAPTER 733
(2Nn READING)
MAYOR NICHOLAS READ THE ORDINANCE ENTITLED:
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MICROFILMED 4 -24 -80
AN ORDINANCE AMENDING CHAPTER 733, CODE OF
THE CITY OF CAPE CANAVERAL, FLORIDA BY
AMENDING THE HOURS DURING WHICH ALCOHOLIC
BEVERAGES MAY BE SOLD OR SERVED; BY REPEALING
ALL SECTIONS OF THE CODE IN CONFLICT THEREWITH;
BY PROVIDING AN EFFECTIVE DATE.
MR. MURPHY MOVED FOR ADOPTION. MR. HOOG SECONDED.
AFTER DISCUSSION ON THE SUBJECT OF THE ORDINANCE REGARDING THE
NECESSITY AND RESULT OF CHANGING THE LAW, VOTE ON THE MOTION
WAS UNANIMOUSLY OPPOSED. MOTION FAILED TO CARRY. ORDINANCE
FAILED SECOND READING.
ITEM" 2. ORDINANCE NO.-22 -76 RE: PARKING OF MOTOR VEHICLES
ESTABLISHING CITY CODE CHAPTER 685 .(2ND READING
MR. SCOTT REQUESTED THAT THIS ITEM BE CONTINUED
FOR FURTHER REVIEW. BY MOTION OF MRS. THURM, SECONDED BY
MR. SALVAGGIO AND UNANIMOUS VOTE, SECOND READING WAS CONTINUED
UNTIL THE FIRST MEETING IN JANUARY.
ITEM 3. MOTION: SETTING BUILDING DEPARTMENT HOURS
MAYOR NICHOLAS EXPLAINED THE CONFUSION CONCERNING
.THE BUILDING OFFICIAL'S WORKING HOURS AND STATED THAT HE WAS
VERY PERTURBED ABOUT A RECENT ARTICLE IN THE NEWSPAPER. DURING
DISCUSSION ON THIS ITEM, MAYOR NICHOLAS CALLED A-RECESS AT
8;25 P.M. IN ORDER FOR THE CITY ATTORNEY TO CHECK A PORTION OF
THE SOUTHERN STANDARD BUILDING CODE. THE MEETING RECONVENED
AT 8:32 P.M. BY MOTION OF MAYOR NICHOLAS, SECONDED BY
MR, SALVAGGIO AND UNANIMOUS VOTE, THIS..ITEM WAS TABLED INDEF-
INITELY.
ITEM 4. CHIEF OF'POLICE EMPLOYMENT CONTRACT
BY MOTION OF MR. HOOG, SECONDED BY MR. MURPHY, --
AND UNANIMOUS VOTE, THIS ITEM WAS TABLED INDEFINITELY.
NEW BUSINESS
ITEM 1. ORDINANCE NO. 23 -76 EXTENDING BAR
NEW
MAYOR NICHOLAS READ -THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE AMENDING CHAPTER 733 CODE OF THE
.CITY OF CAPE CANAVERAL, BY EXTENDING CLOSING
HOURS OF ESTABLISHMENTS LICENSED BY.DIVISION
CITY COUNCIL &CONFLICT
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OF BEVERAGE, ON NEW YEAR'S EVE, DECEMBER 31:
BY REPEALING ALL ORDINANCES OR SECTIONS OF
THE CITY CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
BY MOTION OF MAYOR NICHOLAS, SECONDED BY
MRS. THURM AND UNANIMOUS. VOTE, FIRST READING WAS APPROVED.
ITEM 2. RESOLUTION 76 -67 RE:, APPOINTMENT OF MEMBERS
TO BOARD OF TRUSTEES OF POLICE OFFICERS;
RETIREMENT TRUST FUND
MAYOR NICHOLAS NOTED THAT GEORGE BURNS, JR.
WAS APPLYING TO SERVE ON THIS BOARD AND ALSO NOTED THAT MR.FRANK
CARUSO HAD ASKED TO BE RE- APPOINTED. HE PLACED THE NAMES OF
GEORGE BURNS JR. AND FRANK CARUSO IN NOMINATION FOR THE APPOINTMENT
AS RESIDENT MEMBER OF THE BOARD. VOTE ON THESE TWO PARTIES WAS
AS FOLLOWS: MR. HOOG - MR. CARUSO,- MR. MURPHY- MR. CARUSO,
MAYOR NICHOLAS.- MR. BURNS, MR. SALVAGGIO - MR. CARUSO AND
MRS. THURM - MR. CARUS(y.
MAYOR NICHOLAS READ THE RESOLUTION IN
FULL INSERTING THE NAMES OF LT. JAMES CANNON, SGT. VIRGIL FITCH
AND MR. FRANK CARUSO AS MEMBERS.OF THE BOARD.
THE TITLE OF THE RESOLUTION WAS AS FOLLOWS:
A RESOLUTION APPOINTING.MEMBERS TO-THE BOARD
OF TRUSTEES OF THE CAPE CANAVERAL POLICE
OFFICERS RETIREMENT TRUST FUND; PROVIDING
AN EFFECTIVE DATE.
BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO
AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED.
ITEM 3. MOTION RE: CONSTRUCTION ON RECREATION COMPLEX SITE
MR. JOHN BUTLER AND MRS. NANCY HANSON OF THE
RECREATION BOARD WERE IN ATTENDANCE; ALONG =WITH JACK PICCALO
RECREATION DIRECTOR, AND EXPLAINED TO COUNCIL THE BUILDING CON-
STRUCTION PROJECT BEING CONSIDERED AND ASKED THAT AUTHORIZATION
BE GIVEN FOR ARCHITECT'S PLANS AS SET OUT IN A LETTER BEFORE
COUNCIL FROM MR.PAUL RICHARD FELIX. MRS. THURM MOVED.THAT THE
CITY APPROVE THE EXPENDITURE OF SIX PERCENT OF THE ESTIMATED COST
OF $8,700.00 TO COVER SIX SETS OF PLANS .`AND SPECIFICATIONS FROM
MR. FELIX. MR. SALVAGGIO SECONDED MOTION MOTION CARRIED
UNANIMOUSLY.
THE AGENDA.
AT THIS TIME MRS. THURM MOVED TO ADD AN ITEM TO
HT7- �2UNCIL.
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ADDITIONAL ITEM WAS AS FOLLOWS:
CONSIDERATION OF RE— SURFACING THREE SHUFFLEBOARD
COURTS
MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY. MR. PICCALO TOLD COUNCIL THAT FOR RESURFACING
OF THREE SHUFFLEBOARD COURTS THE COST WOULD $996.00 AND EXPLAINED
TO COUNCIL WHY THERE WAS A NEED FOR THIS RE— SURFACING. MR. SCOTT
WAS ASKED TO LOOK INTO THE POSSIBILITY OF GOING BACK TO THE CON-
TRACTOR FOR THE COST OF THIS WORK. IT WAS SUGGESTED BY THE COUNCIL
THAT THE RECREATION BOARD CONSIDER RE— SURFACING STX TO TWELVE COURT
INSTEAD OF JUST THREE. MAYOR NICHOLAS MOVED THAT THE RECREATION
BOARD BE AUTHORIZED TO ADVERTISE FOR BIDS AND TO COME BACK TO COUNCIL
WITH A NEW PROPOSAL AS TO THE NUMBER OF COURTS TO BE RE— SURFACED. -
MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR NICHOLAS ASKED THAT ITEM 7 BE TAKEN UP AT.THIS
TIME.
ITEM 7, FOR LAWN TRACTOR PURCHASE
MAYOR NICHOLAS EXPLAINED THAT THE SMALL DOMESTIC TYPE
MOWER NOW BEING USED FOR THE RECREATION COMPLEX, CITY HALL AND
POLICE GROUNDS WAS INADEQUATE AND THAT UNDER STATE.BIDS A YAZOO
RIDING MOWER COULD BE PURCHASED FOR $1,694.00 AND A GRAVELY RIDING.
MOWER FOR $1,700.00. MR. SALVAGGIO MOVED THAT THE CITY BUY A
RIDING MOWER CHARGING RECREATION FUNDS FOR ONE —HALF THE PRICE AND
THE GENERAL CONTINGENCY FUND THE OTHER HALF. MAYOR NICHOLAS
MOVED TO AMEND MOTION TO SPECIFY YAZOO AS THE NAME OF THE TRACTOR
TO BE PURCHASED. MRS. THURM SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS UNANIMOUS: MOTION CARRIED.
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ITEM 4. COUNCIL AUTHORIZATION FOR JUDGE'S ATTENDANCE AT
CONFERENCE — FLORIDA ATLANTIC UNIVERSITY
MR. SALVAGGIO MOVED THAT THIS ITEM BE TAKEN FROM THE
AGENDA. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,
MR. SALVAGGIO AND MRS. THURM, OPPOSED, MR. HOOG, MR. MURPHY AND
MAYOR NICHOLAS. MOTION FAILED
MAYOR NICHOLAS MOVED THAT THE CITY AUTHORIZE THE
•EXPENDITURE OF $25.00 REGISTRATION FROM THE CONTINGENCY FUND.
MR. MURPHY SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,
MR., HOOG, MR. MURPHY AND MAYOR NICHOLAS, OPPOSED MR. SALVAGGIO
AND MRS. THURM. MOTION CARRIED.
CITY COUNCIL
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ITEM 5. MOTION RE: CAR 13
CHIEF TWEED TOLD COUNCIL THAT HE COULD TRADE-CAR 13
ON ANOTHER USED CAR WITH A MAXIMUM OF $400.00 CASH EXPENDITURE.
MR. HOOG MOVED THAT THE CHIEF BE AUTHORIZED TO TRADE CAR 13 FOR
ANOTHER VEHICLE WITH THE COST NOT TO EXCEED $400.00. MR. SALVAGGIO.
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. MOTION RE: EMPLOYE CHRISTMAS BONUSES AND COST
OF LIVING INCREASES
MAYOR NICHOLAS PROPOSED THAT PERMANENT EMPLOYES,
WHO HAVE BEEN EMPLOYED WITH THE CITY FOR MORE THAN SIX MONTHS,
BE GRANTED A $10,00 PER WEEK RAISE INCREASE AND A $100.00
CHRISTMAS BONUS. PART -TIME EMPLOYES, AND THOSE EMPLOYES
EMPLOYED LESS THAN SIX MONTHS, BE GIVEN A $25.00 CHRISTMAS BONUS.
THE COST -OF- LIVING INCREASE SHALL BE EFFECTIVE JANUARY 3, 1977.
ITEM 8. MOTION RE: P.B.A. PROPOSED CONTRACT `
MR. SALVAGGIO MOVED TO ACCEPT THE RECOMMENDATIONS
ON THE MEMORANDUM (DATED DECEMBER 7,, 1976 FROM RICHARD SCOTT
TO COUNCIL RE: PROPOSED CONTRACT RE COLLECTIVE BARGAINING
CITY AND PBA) AND TO GO BACK TO THE PBA FOR THEIR CONSIDERATION
TO ESTABLISH RE- NEGOTIATIONS WITH THE CITY COUNCIL AS THE
BARGAINING UNIT, MR. MURPHY SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.. r
ITEM 9. FIRE DEPARTMENT PROPOSAL
MAYOR NICHOLAS EXPLAINED THIS REQUEST FROM THE FIRE
DEPARTMENT FOR PURCHASING PROPERTY. MR. SCOTT STATED THAT THE
CITY COULD LOAN THE MONEY NEEDED BY THE FIRE DEPARTMENT ON A
PROMISSORY NOTE WITH NO INTEREST.' MR. SALVAGGIO MOVED THAT THE
CITY. LOAN THE AMOUNT OF $6,000.00 FROM THE CONTINGENCY FUND FOR
A PERIOD OF TEN YEARS. MR. HOOG SECONDED THE MOTION. VOLUNTEER
FIRE DEPARTMENT MEMBER MR. RALPH LITTLER WAS IN THE AUDIENCE AND
ASKED COUNCIL TO INCREASE THE RENT BEING PAID TO THE FIRE DEPARTMENT
FROM $50.00 A MONTH TO--$100.00 PER MONTH. MR. SALVAGGIO MOVED TO '
AMEND THE MOTION TO MAKE THE LOAN FOR A FIVE YEAR PERIOD TO BE
PAID BACK AT $100.00 PER MONTH AND THAT THE CITY INCREASE THE RENT
PAID TO THE FIRE DEPARTMENT TO $100.0.0 PER MONTH WITH AN AGREEMENT
FROM THE FIRE DEPARTMENT m= IN CASE THEY SHOULD DISBAND THIS PROPOSED NEW
PROPEF= WOULD P071M ' TO THE CITY. MR. HOOD SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
CITY COUNCIL
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ITEM 10. AUTHORIZATION TO REPLACE POLICE DEPARTMENT EMPLOYE
MR. HOOG MOVED THAT THE POLICE DEPARTMENT BE
AUTHORIZED TO HIRE A DISPATCHER. MR. SALVAGGIO SECONDED. MOTION
CARRIED UNANIMOUSLY.
TO BE NAMED:
MAYOR NICHOLAS MOVED TO ADD AN ITEM TO THE AGENDA,
DISMISSAL OF BUILDING OFFICIAL
MR. MURPHY SECONDED MOTION. VOTE ON THE MOTION WAS
AS FOLLOWS: IN FAVOR, MR. HOOG. MR. MURPHY AND MAYOR_ NICHOLAS,
OPPOSED, MR. SALVAGGIO AND MRS. THURM. MOTION CARRIED.
MAYOR MOVED THAT DEPUTY CITY MANAGER, MRS. OSTROM,
BE INSTRUCTED TO DISMISS JACK HURCK CONSTRUCTION CONSULTANT,
INC. THE BUILDING OFFICIAL, IN ACCORDANCE WITH THE CITY ORDINANCES
AND SET UP THE TIME FOR PUBLIC HEARING REGARDING THIS MATTER.
MR. HOOG SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,
MR. HOOG, MR. MURPHY AMD MAYOR NICHOLAS, OPPOSED MR. SALVAGGIO
AND MRS. THURM. MOTION CARRIED.
DISCUSSION ITEMS
MR. SALVAGGIO PRESENTED SPECIFICATIONS FOR BIDS
FOR THE NEW.FIRE DEPARTMENT TRUCK. THIS ITEM TO BE PLACED ON
THE NEXT WORKSHOP AGENDA.
MAYOR NICHOLAS ANNOUNCED THE BREVARD LEAGUE MEETING
FOR DECEMBER WHICH WOULD BE HELD ON MONDAY, DECEMBER 13, AND ALSO
TOLD COUNCIL THAT THE CITY WOULD AGAIN BE TAKING OUT A ONE —HALF
PAGE ADD FOR $30.00 IN THE COCOA BEACH HIGH MINUTEMEN BASKETBALL
PROGRAM.
MR. HOOG STATED THAT THE PROPOSAL TO PUT LIGHTS ON
THE POLICE BUILDING TO COVER THE PARKING LOT WOULD NOT BE EFFECTIVE
AND HE WAS ASKED TO LOOK INTO THE POSSIBILITY OF PUTTING STREET
LIGHTS IN THIS AREA.
BY MOTION OF MRS. THURM, SECONDED BY MAYOR NICHOLAS,.
MEETING ADJOURNED AT 11:05 P.M.
APPROVED THIS 21 DAY OF DECEMBER, 1976.
bEMRANDOM OF • ING CONFLICT FORM FILED BY FRW M, BOOG AND
TO THESE MINtT=.
CITY CLERX/
CITY COUNCIL
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FORM MEMORANDUM OF VOTING CONFL, � y jg74 ,
PART A
Name • • r� ®[m lr ��-� �/r A� Telephone :I xf• - %` g/
(LAST) (.FIRST) (MIDDLE) (A /C) /(NUMBER)
,.Address,. /20-
-2 ��/.2l/��� �, ✓��
_ (ZIP CODE) s
(ST (CITY) (COUNTY)
REET) �.__._...
PART B -
Agency is a unit of [check one] : ( ) State of Florida; ( ) County, City or other Political Subdivision;
? it
Name of Agency: LIZW LIZ cS
OF
Position held in Agency: ea'.�=
PART 'C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by § 112.31.43, F.S., 19751
If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest
which inures to your special private gain or the special private gain of any principal by whom you are retained, please
disclose the nature of your interest below.
1. Description of the matter upon which you voted in your official capacity:
2. Description of the personal, private, or professional interest you have in the above matter which inures to you special
private gain or the special private gain of any principal by whom you are retained:
3. Person or principal to whom the special gain described above will inure:
a. (�) Yourself b. ( ) Principal by whom you are retained:
(NAME)
PART D
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred
with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meet)
ing minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does
not require you to abstain from voting when a conflict of interest arises; whether you abstain or not, however, the con -
flict.must be disclosed pursuant to the requirements described above. "
PART E
0XI'- 3��t V1 e- a` 19y6
SIGNATURE OF PERSON DISCLOSI(j DATE SIGNED
t
NOTICE: UNDER PROVISIONS OF SECTION 112.317, FLORIDA STATUTES, 1975, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUS -
PENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED
$5,000.
AT.CAIr OMT TO COUNCIL MiNIjI=
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