HomeMy WebLinkAbout09-20-1977 Regular MeetingMICRO ED 4 -24 -80
REGULAR. MEETING
CITY COUNCIL
SEPTEMBER 20, 1977
A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 20, 1977
AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR L,C.
NICHOLAS AT 7:35 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR L.C. NICHOLAS, COUNCIL MEMBERS J.L.
MURPHY, M.A. RIGERMAN AND A.H. THURM; ATTORNEY JAMES S.
THERIAC AND CITY CLERK ANITA J. OSTROM. SGr- AT AFM :ALBERT
• ; . :• . ; �► aid DI M �
THE COUNCIL MINUTES OF SEPTEMBER 6, WERE APPROVED
AS READ.
NEW BUSINESS
ITEM 1. MR. DON FINDELL RE: PRESENTATION OF 201
SEWAGE TREATMENT AND 208 WATER QUALITY PROGRAMS
MR. DON FINDELL, BREVARD COUNTY WATER RESOURCES
DIRECTOR, AND MR. DALE BAIRD,.CONSULTANT FOR THE FACILITIES
PORTION OF THE 201 PROGRAM, PRESENTED A FILM REGARDING THE
201, 208 WATER QUALITY MANAGEMENT PROGRAM AND DISCUSSED THE
POSSIBLE WAYS THAT SEWAGE COLLECTION COULD BE HANDLED IN
FUTURE YEARS. COUNCIL THANKED THESE REPRESENTATIVES FOR
THEIR PRESENTATION.
FOLLOWS:
A RECESS WAS CALLED A79:00 P.M.
MEETING RECONVENED AT 9:08 P.M.
ITEM 2. ORDINANCE NO. 14 -77 AMENDING ZONING
NO. 10-75, AS AMENDED, SECTIONS 638.
637.31 AND 637.51 (1ST READING)
MAYOR NICHOLAS READ THE TITLE OF THE ORDINANCE AS
AN ORDINANCE AMENDING-ORDINANCE NO. 10 -75
ZONING REGULATIONS OF THE CITY OF CAPE
CANAVERAL, FLORIDA , AMENDING SECTION 638.11
(C -2 ZONING DISTRICT) BY MODIFYING AREA AND
DIMENSION REGULATIONS FOR SINGLE FAMILY AND
TWO FAMILY DWELLING; ADDING SECTION 638.12
(C -2 ZONING DISTRICT), SETTING AREA AND DIMENSION
REGULATIONS, AND MINIMUM SET BACK REQUIREMENTS;
AMENDING SECTION 637.31 (R -2 ZONING DISTRICT)BY
ESTABLISHING MINIMUM SET BACK REQUIREMENTS
AMENDING SECTION 6.37.51 (R -3 ZONING DISTRICT), BY
ESTABLISHING MINIMUM SET BACK REQUIREMENTS;
MICROFILMED 4 -24 -80 r.
REPEALING ALL ORDINANCES AND PARTS THEREOF
OR PARTS OF THE'CITY CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MRS. THURM MOVED TO APPROVE FIRST READING.
MR. MURPHY SECONDED MOTION. MOTION.CARRIED UNANIMOUSLY.
FIRST READING OF ORDINANCE 14 -77 APPROVED.
-�' ITEM 3. RESOLUTION 77 -34 APPOINTMENT OF ONE
RECREATION BOARD MEMBER AND TWO ALTERNATE
RECREATION BOARD MEMBERS.
MRS. THURM INFORMED COUNCIL THAT THE RECREATION
BOARD'S RECOMMENDATIONS WERE SANDY BUTLER AS REGULAR
MEMBER, MARK RHAME AND JAMES WIGHT AS ALTERNATE MEMBERS
AND MOVED TO PLACE THESE NAMES IN SECTION 1, 2 AND 3
RESPECTIVELY. MAYOR NICHOLAS SUGGESTED THAT ALL NAMES
BE PLACED IN NOMINATION AND A.POLLED VOTE BE TAKEN. AFTER
SOME DISCUSSION, IT WAS DECIDED THAT SINCE COUNCIL DID
NOT KNOW APPLICANTS THEY SHOULD. TAKE THE RECOMMEN-
DATIONS OF THE BOARD. MR. MURPHY.SECONDED MRS. THURM'S
MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR NICHOLAS READ THE RESOLUTION ENTITLED:
A RESOLUTION APPOINTING A REGULAR MEMBER,
FIRST AND SECOND ALTERNATE MEMBERS TO THE
RECREATION BOARD; PROVIDING AN EFFECTIVE DATE.
} BY MOTION OF MRS. THURM, SECONDED BY MRS. RIGERMAN,
AND UNANIMOUS VOTE, RESOLUTION 77 -34 WAS ADOPTED NAMING
SANDY BUTLER AS REGULAR MEMBER,. MARK RHAME AS FIRST ALTER -
NA'tE AND JAMES WIGHT AS SECOND ALTERNATE.
I-TEMA. DISCUSSION RE: CONTRACTING WITH .SHERIFF
FOR POLICE PROTECTION
MR. F.L. MURPHY PRESENTED'TO COUNCIL A PETITION
WITH APPROXIMATELY 800 NAMES REQUESTING THE CONTRACT
WITH THE SHERIFF. SGT. PATRICK PRESENTED.COUNCIL WITH A
PETITION SIGNED BY ALL MEMBERS OF THE CITY'S POLICE DEPAR`TW`
v
MENT EXCEPT ONE WHICH ALSO REQUESTED CONTRACTING WITH THE
COUNTY. THERE WAS MUCH DISCUSSION ON THIS SUBJECT BY
COUNCIL AND THOSE IN THE AUDIENCE. MRS. THURM S�ATED`THAT
THIS WAS A MATTER OF GRAVE IMPORTANCE AND MOVED.TO POSTPONE
THE DECISION UNTIL ALL FIVE COUNCIL MEMBERS WERE IN ATTEN-
DANCE. MR. MURPHY SECONDED MOTION. VOTE WAS AS FOLLOWS:
IN FAVOR, MR. MURPHY AND MRS. THURM, OPPOSED, MAYOR
NICHOLAS AND MRS. RIGERMAN. MOTION FAILED.
COUNCIL MINUTES
9 -20 -77
PAGE 2 07 4 =
MICROFILMED 4 -24 -80
MAYOR NICHOLAS MOVED THAT THE CITY ATTORNEY AND THE
CITY MANAGER BE AUTHORIZED TO PURSUE THE CONTRACT WITH.THE
COUNTY. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS:
IN FAVOR, MR. MURPHY AND MRS. THURM, OPPOSED., MAYOR NICHOLAS
AND MRS. RIGERMAN. MOTION FAILED. MAYOR NICHOLAS MOVED THAT
THIS ITEM BE POSTPONED UNTIL SUCH TIME AS THE FULL COUNCIL
IS IN ATTENDANCE. MR. MURPHY SECONDED MOTION. VOTE WAS
UNANIMOUSLY IN FAVOR.
ITEM 5. AUTHORIZATION TO ADVERTISE FOR PAVING
REPAIR BIDS
MR. MURPHY MOVED THAT THE CITY ADVERTISE FOR BIDS
TO REPAIR THE PAVING ON PIERCE AVENUE, MRS. THURM SECONDED.
MOTION. MOTION CARRIED UNANIMOUSLY.
MR. GEORGE FIRKINS ASKED COUNCIL TO CONSIDER
REPAIRING SURF DRIVE IN THE NEAR FUTURE. HE STATED THAT
HE HAD LOST SALES DUE TO THE CONDITION OF THE STREET.
MR. MURPHY WILL LOOK INTO THIS SITUATION AND DETERMINE WHAT
CAN BE DONE.
ITEM 6. AUTHORIZATION TO HIRE POLICE OFFICERS
BY MOTION OF MAYOR NICHOLAS, SECONDED BY MRS. RIGER-
MAN AND UNANIMOUS VOTE, AUTHORIZATION WAS GIVEN TO HIRE
TWO FULL -TIMB POLICE OFFICERS AND ONE PART -TIME DISPATCHER.
ITEM 7. REPORT FROM ATTORNEY REGARDING RUBBISHMAN
CONTRACT
ATTORNEY THERIAC REPORTED THAT HE AND THE CITY'S
C.P.A. WOULD BE MEETING WITH RUBBISHMAN'S AUDITORS REGARDING
THE CALCULATIONS OF THE CONSUMER PRICE INDEX INCREASES.
THERE WAS SOME DISCUSSION ABOUT POOR SERVICE FROM RUBBISHMAN
RECENTLY AND A LETTER IS TO BE SENT TO RUBBISHMAN REGARDING
THIS PROBLEM.
ITEM 8. MOTION TO AUTHORIZE SUIT
MR. THERIAC TOLD COUNCIL THAT A SUIT REGARDING
THE RECENT RECALL PETITION WOULD BE IN TWO PARTS: l,,
ASKING FOR THE CITY'S RIGHTS FROM THE COURT, 2-. INJUNCTIVE
RELIEF TO STOP THE PROCEEDINGS TOWARD A RECALL ELECTION.
BY MOTION OF MR. MURPHY, SECONDED BY MRS. THURM
AND UNANIMOUS VOTE, THE ATTORNEY -WAS AUTHORIZED TO PROCEED
WITH THIS SUIT.
COUNCIL MINUTES
9 -20 -77
PAGE 3 OF 4
f .
-MICROFILMED 4.24 -80
DISCUSSION
MAYOR NICHOLAS TOLD COUNCIL THAT IN ACCORDANCE
WITH SUGGESTIONS FROM OUR 701 PLANNER AND FOR THE PURPOSE
OF ENDING UP .WITH THE BEST OVERALL COMPREHENSIVE PLAN
POSSIBLE, MR. JIM CASTAGNO, THE CITY'S CETA PLANNER,.
WOULD BE WORKING ON CAPITAL IMPROVEMENTS AND COMMERCIAL
DEVELOPMENT PHAS E S. THERE WAS NO OBJECTION FROM ANY OF
THE COUNCIL TO THIS PLAN.
BY MOTION OF MRS. THURM, SECONDED BY MRS. RIGERMAN,
MEETING ADJOURNED AT 11:20 P.M.
APPROVED THIS 4 DAY OF OCTOBER , 1977.
y coc c-)
MAYOR
I Y
CLEW
i
k COUNCIL MINUTES
9 -20 -77
PAGE 4 OF 4