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HomeMy WebLinkAboutCity Council Meeting Transcsript 03-27-1973MICR01=1LML TRAI4SCRIPT OF THE PROCEEDINGS OF TOE CITY COUNCIL MEETING HELD ON tIARCH 27TIll 1973 AT 10:00 O'CLOCK Y.M. CAPE CAUAVr PAL CITY }TALL THEREUPON , The City Council Meeting was called to order by Mayor Geor.ye Firkins, who thereupon, led the pledge of allegiance to the United States of America. The City Clerk called the roll. Present were, Councilwoman Ann Thurri, Councilman G.J. Salvaggio; flayor George Firkins; Councilman Harrison Rhame; Councilman Tony Rutkowski; Mr.. Bert Francis, the City Manager; Mr. Richard Scott, the City Attorney, and the Sergeant At Arms were all present. MAYOR FIRKINS: The first item is reso- lution 73 -13, certification of election results. Mrs. Scabarozi? MRS. SCABAROZI: Seven hundred and ninety - eight voters voted, the total for the ordinance four hundred and eighty -two; against the ordinance, three hundred and sixteen. ti. r, y E'` �l r i° df yr :x J' M1 :. f �Y e iyt K '+y i I dart '. yy ; f� t 14 w' F s� f 1 k fr f f r r h� r� K nY 3 ;iii y k 5„ n p+l y H� {ei f 55ppY `, 1, V4(Jj Ma i` .� 3 .. Petition ordinance on March 27th, 1973, arid certifies as proper, fifteen absentee ballots opened and canvassed in a public meeting. The total vote was as follows; For the ordinance, four hundred and eighty- five; against the ordinance, three hundred and twenty - eight. Section Two: This resolution shall take effect In nedi.ately upon its adoption, adopted by the City Council, the C.Ity of Cape ^anaves.al l Florida., at a special rneeting on this 27th day of. larch, 1973. COUNCILMAN RHAMfa : Mr. Mayor, l move the resolution 73 -13 be adopted. motion. COUNCILWOMAN `1`HURM; I'll second the (Applause.) MR. JOIN STARI,ITIG: Mayor, Mr. !Mayor, may I be recognized, please? MAYOR FIRKINGS* Yes, sir. MR. STARLING; Mr. Mayor and members of the Council, my name is John Starling. I'm a lawyer witti the fire of Crofton, Holland and Starling, 509 Palm Aveliue, Titusville, Florida. I am appearing at MICROFILMED 4 -24 80 .. 4 ., this meeting on behalf of my clients, who are iden- tified as follows: Cevesco, Inc., a Delaware corpora- tion; Engineers Central, Inc., a Florida corporation; The Top of The Cape, Inc., a Florida corporation; Canaveral Beach Gardens, Inc., a Florida corporation, Shuford Development Co., a Florida corporation, and Shuford Mills, Inc., a idorth Carolina corporation. And would like to make several points concerning the election and protest the election, and request this board not to certify the results of the election, inasmuch as my clients believe the election is an invalid election. First of all -- (There was a slight outbreak in the proceedings.) -- in connection, we have previously filed in this proceeding on behalf of my clients, certain protest petitions filed pursuant to provisions of Section 176.06 of the Florida Statutes, which pro- vide in part "that if twenty percent or more of the affected properties protest the change in zoning, any amendment to the zoning ordinance, including regu- lations an+ ending the rights affecting a particular -- that particular classification, shall not be affected except: by a favorable vote of three- fourths of the zi - 5 - governing body of the municipality." The voters of Cape Canaveral have chose to be the governing body of this municipality. And it is our contention that a seventy-five percent vote is required to carry this ordinance. The ordinance, as I understand it, witheiylit hundred and thirteen people voting, less than sixty percent voted favorable and not meeting the severity -five percent requirement, the election did not pass and the ordinance is not adopted. Ile also feel that the Initiative Petition, as we have stated previously, is invalid and that this Court ::fiat this Board W -. i beg your pardon, I'm gettiiiy a little bit; ahead of inyself --- (Outburst.) but we. gill be there sooner or later. But the lnitlative Petition is invalid for various reasons, and as I pointed out before, therefore, the Initiative Vottition should not have been accepted originally and the election should not be certified as being proper. It is my information that there was seven hundred and twenty- -one electors in the City at the time that the Petition was .filed, two hundred and three of these petitloli - -- voters were ruled to be valid. Our Information sliuws that of the two hundred and three petitioners to the original petition, that MICRQFI!_MR) r`r '�` eighty- - seven of those persons did not sign as their named appeared on the voter_ registration roll, and if you deduct these eighty -seven from two hundred and three, there is not a sufficient twenty percent peti- tion to have activated the ordinance. (outburst.) Of the two hundred and three people accepted on the petition, twelve showed addressed that are riot shown on the voter registration roll= o €,the two hundred and three people who signed the petition, It is our information that fifty of those persons' s."Lgnatures were not signatures of the voters or are questionable signatures. of the two hundred and three people that signed the petition, it is our information that the person who gave the affidavit swearing that they had saw the person sign it, filed a false affidavit. Arid, therefore, for those reasons i.t is our contention that the Initiative Petition is Invalid and riot sufficic-,4nt jurisdiction was invoked to activate the election process. It is also our petition that the public hearings come. as required by the laws of the State of Florida, and particularly Chapter 176 of the Statutes, and also, as required by the City Charter of the City of Cape Canaveral, were not held in accord- M IGROF9► MED 4- 24a(?Q ai>ce wi th later. It's ottr further position, that notice was not 91vnn to affected property owners in accord- ance arid). the clear a.equi.reme•nt-s of Section 176.051 of the Florida stat_ul-,Ps, .n which the City has a mandatory nol -Ace, to ylve notl.ce by mail to each property owner. whoso Z010 .1i c_l,assification is to be of rect ed. ?ad that ^ectiozi also required the City Clerk to file an aff I'Ldfivit as to such mailing, this wi)s not. cir. ne in this case. 11e further object to the City Council ar.ceptinn thr� cert.i.fIcation car this election on the grounds that the petition, the Initiative Referendum violates the statutory scheme as .reflected in the Flor._da Statutes, in particular, Chapter 176, for the eziactment. of zoning measures. I specifically cr7O.l. the attention of the Council to the case reported in 61 So.2d. 416, a 1952 Florida Supreme Court case i.n which the. court specifically held in the instance thet 7nit:iative Referendum could not be used on such i,iat:ters as it, was used ; n this particular incident. MR. RUThOTJ ' I•'l' to call a point of order. Mr. Playor, I would like This Council is being asked to certify whether certcaiin tallies are proper. This 0 _iscussion is not relevant to our certifying that the ■. S I C \ \J F I L, Y 1 E Ja 4 r 2 1 i a () —a— tallies be proper, that's the only matter before us now. NIZ. SCOTT: 11r, Rutkowski, Mr.. Starling is challenging the whole process. Arid I would say, S understand what the resolution Is for and I think at this time he would be allowed to present this at this meeting, and I would expect that this is the best time. to let him present his argument, and I would advise Council as to what I think the City should do. But I feel It would be a proper discussion at this time, since he's asltinq Council not to even Certify these results, not Lo oven yo through with this resolution. PAR. RUTI:OWSKI: Well, the resolution, as I understand it, simply states that we are to certify a certain number of ballots were opened in the meet- Ing aIld the total vote was as follows, that's the only thing that this Conncil was be'-rig asked to pass 1.ipon. IlPe SCOTT: That's correct. MR. RUTKOWSKI: Well, what does this dis° cussion have to do relative to that? MR. SCOTT : Well, lie's apparently chal- l.encji.ny •fihole procedure, saying that it's invalid. Mn. RUTKOWSKI& But the whole procedure MI i�Ohlt�i>�► �� 4-24m)10 9 is not before us tonight, is incorrectao But ai.i:.', up to the Council it they wish to tear the c en tIJentan or note 74R. MR. SCOT` o 'That's I call correct, the taut he's MR. SCOTT: saying even this portioxi would of IL-. my _ of the procedure is incorrectao But ai.i:.', up to the Council it they wish to tear the c en tIJentan or note 74R. RUTE.OWIVi�I: right_ I call hand. the question. MR. SCOTT: It would be my position, because we're in they discussion portion, that this would be a proper discussion. continue. MAYOR FI;RRINS: Mr. Starling, you may MR. RUTROWSEX : Point of order, we have to vote on that, Mr. Mayor, it's a matter of parlia- me,D Lary law. MAYOR F:I RY I_HS : Let me call for a point of order on r1r. Rutkoafski's statement; all in favor of r1r. Starl4ng continuing his discussion, please raise their right_ hand. �szgn. (G.J. Salvaggi.o, Harrison Rhame and Mayor Firkins, raise their right hand.) MAYOR FIRKINS: Oppose by the same (Thereupon, Ann ` hurm and Ilr. Putkowski raised their ri uht horld. ) MICRORILiviLf 4 24w6U - 10 - MAYOR FIRKIUS: biro Starling, you may proceed. PIR. STARLING** I will try to speed it up, I only have a few more remarks to make, gentlemen, so please bear with nve. I had made the point that the Referendum and the election which you are about to consider certifying here, violates the statutory scheme for the enactment of zoning ordinances. And I call your attention specifically to Section 176.04 and .02 of this Statute and the City Charter has a like provision saying that regulations relating to zoning should be made in accordance with a compre- hensive plan, which was not done in this case. I also, in relationship to the statutory norm for zoning, raise the point that under the system of government as the courts recognize it, that the matters such as were decided or purported to be decided in this election, are not delegable to the public, it is the public officials who have the main duty to decide this matter as that governing body exists from time to time. I also state that the Initiative ordi- nance which was voted on violates the fair housing law and the civil rights act. (At this point, there was ,- MICROFILMED . a substantial outbreak during the proceedings.) AIR. STARLING: Which, in particular, iii regard to that I call attention to the ten thousand square foot in�_nimurn lot requirement as set forth for R-1 Zone and direct a remark to the Council that the purpose -1- the obvious purpose of such a requirement of having a ten thousand square font lot is to discriminate against minorities. (At this point in the pro- ceedinas there was another slight outbreak.) MAYOR FIRKINS: I think that when Mr. Starling has the floor, whether it be Mr. Starling or Mr. Jones, we will give hint the courtesy of listening to him. I will not hear no further out- hurts from the audience, for I do have the power to remove you. MR. STARLING: For these reasons, Mr. Mayor, and members of the Council, it is the position of my clients that the entire procedure represented by this election is invalid and that this Council should not certify the results of an invalid election. MR. SALVAGGIO: Mr. Mayor, does our City Counsel have any rebuttal to Mr. Starling's remarks? 12 MR. SCOTT: Mr. Mayor, I cannot fully rebut, since I wasn't prepared for the argument, but I can only advise the Council at this time, the election was conducted in accordance with the City Charter, it was conducted in accordance with the State election code that v7e have adopted. I think it's incumbent upon the City Council to vote for this resolution at this time. The questions that Mr. Starling has raised, I think, are juris- dictional type of questions, constitutional questions that I don'ts think Co51ncil can act upon --- in fact, liav� the power to act upon at this time I think the only proper procedure for the City is to certify the results of the election, that's the only matter before this Council today. COUITCILM;VT Rl]AME ; Mr. Mayor, I call the question. MAYOR P'IRYINS ; All in favor of resolu- tiorn 73-13, as read, please raise their r_iaht hand. (Thereupoxi, Ann Thurm, G.J. Salvaggio, Harrison Rhame, Mr. Rutkowski, all raised their right hand.) MAYOR I'IRI:IP]S ; Oppose by the same sign. (no one opposed.) mously. MICROFILPIF.) FIL 2 LGOO 3 .� MAYOR FZRKItTS*o P'lot'ion carried mianl w (Thereupon, ±,rie c:`r)�mc 1 was ad'o��Lniorl Z4^ r)�cicck .0;7_6 p . m . % f he- ret'�T cer. t i_ f �? that the fort�CTO ing pages, numbered 1 throug'r1 13, i nclusi,�Tp, aj,_e a true and correct record of the transcript of the pro e� ed° t.slCta adrduCed by and pl %esc here. n� above mentioned. 1 GERARD Fm RYAN ~� 0 r cta ?.. Cottrt R ^I'ort.�• 11