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HomeMy WebLinkAbout06-20-1972 Regular MeetingIA <&. M.MCROFILMED 4.24.80 REGULAR MEETING CITY COUNCIL JUNE 20, 1972 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON JUNE 20, 1972 AT THE CITY HALL,105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR GEORGE H. FIRKINS,JR.1 REVEREND WENDEL LILLY OF THE FIRST BAPTIST CHURCH OF CAPE CANAVERAL GAVE THE INVOCATION. ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR FIRKINS; COUNCILMEN ROGER GRAEFE, LEO NICHOLAS, E. H. RHAME AND G. J. SALVAGGIO; CITY MANAGER A. J. FRANCIS; CITY ATTORNEY STANLEY WOLFMAN; CITY CLERK ANITA OSTROM AND SGT. AT ARMS WILLARD WINNETT. MINUTES OF THE REGULAR MEETING OF JUNE 6, 1972 WERE APPROVED AS READ BY THE CLERK. TREASURY REPORT FOR MAY 1972 WAS APPROVED AS SUBMITTED. UNFINISHED BUSINESS: ITEM 1. ORDINANCE 6 -72 — LANDSCAPING ORDINANCE (IST READING)I NO MOTION TO REMOVE THIS FROM THE TABLE WAS MADE AND THE ORDINANCE WAS LOST ON THE TABLE. ITEM 2. ORDINANCE 7 -72 — BOARD OF ADJUSTMENT (1ST READING) THIS ITEM WAS MOVED FROM THE TABLE BY MOTION OF MR. NICHOLAS, j SECONDED BY MR. RHAME AND A UNANIMOUS VOTE OF COUNCIL. MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE ESTABLISHING A BOARD OF ADJUSTMENT FOR THE CITY OF CAPE CANAVERAL AND RELATED MATTERS BY ADOPTING CHAPTERS 176.08 TO 176.21, INCLUSIVE, FLORIDA STATUTES, AND ALL FUTURE AMENDMENTS THERETO, PERTAINING TO A BOARD OF ADJUSTMENT, MEMBERS OF THE BOARD, PROCEEDINGS OF THE BOARD, APPEALS FROM THE BOARD, EFFECTING A STAY OF PROCEEDINGS IN AN APPEAL, HEARING OF APPEAL AND NOTICE REQUIREMENTS, POWERS OF THE BOARD, DE- CISIONS OF THE BOARD, REVIEW BY THE CIRCUIT COURT OF BOARD DECISIONS, WRIT OF CERTIORARI TO THE BOARD AND RETURN OF THE WRIT, DECISION OF THE COURT, COSTS OF APPEAL AND PREFERENCE OF PROCEEDINGS, REPEALING ALL ORDINANCES OR PARTS—OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MR. NICHOLAS, SECONDED BY MR. RHAME AND A UNANIMOUS VOTE OF COUNCIL, FIRST READING WAS APPROVED. ITEM 3. DECISION REGARDING FIRST INTERSTATE DEVELOPMENT R.P.U.D. REQUEST o MR. NICHOLAS MOVED TO TAKE THE ITEM FROM THE TABLE. MR. RHAME SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE. I Eel PAGE t OF3 MICROFILMED 4 -24 -80 DISCUSSION FOLLOWED ON THIS APPLICATION. THE CITY ATTORNEY READ FROM THE ZONING ORDINANCE THAT THE BUILDING OFFICIAL SHOULD MAKE THE DECISION ON THIS KIND OF APPLICATION AND AN� APPEAL SHOULD GO T'0 THE BOARD OF ADJUSTMENT. IT WAS BROUGHT OUT THAT COUNCIL COULD MAKE SUCH APPEAL. MR. RHAME MOVED TO RETABLE THIS ITEM. MR. NICHOLAS SECONDED THE MOTION AND IT CARRIED BY UNANIMOUS VOTE. MAYOR FIRKINS THANKED THE CITIZENS OF CAPE CANAVERAL, THE POLICE AND FIRE DEPARTMENTS AND ALL THOSE INVOLVED IN THE TORNADO CRISIS ON THE MORNING OF JUNE 19, FOR THEIR WONDERFUL COOPERATION AND ASSISTANCE;IN HELPING THEIR NEIGHBOR AND THE POLICE TO PREVENT PANIC. MRS. TINA WINNETT AND GEORGE'S RESTAURANT, AMONG OTHERS, WERE THANKED FOR SERVING FOOD ON THE STREET. A RECESS WAS CALLED AT 7:55 P.M-. AND THE MEETING RECONVENED AT 8:05 P.M. NEW BUSINESS: ITEM 1. MRS. ANN THURM AND MR. ANTHONY RUTKOWSKI WERE SWORN IN AS NEW MEMBERS OF THE COUNCIL BY JUDGE IRVING H. PROPPER, 'AND TOOK THEIR SEATS AT THE COUNCIL TABLE. MAYOR FIRKINS PRESENTED 'A KEY TO THE CITY TO MR. NICHOLAS AND A SOUVENIR GIFT TO MR. GRAEFE, THANKING THEM FOR THEIR UNTIRING SERVICE AS COUNCILMEN, AND ESPECIALLY MR. NICHOLAS FOR HIS TERM AS MAYOR OF THE CITY. ITEM 2. RESOLUTION 72 -21 - APPOINTMENT OF MAYOR PRO TEM. MR. SALVAGGIO NOMINATED MR. RHAME. MR. RUTKOWSKI NOMINATED MRS. THURM. MR. RHAME MOVED THAT THE NOMINATIONS BE CLOSED. MR. SALV- AGGIO SECONDED AND THE MOTION CARRIED UNANIMOUSLY. VOTE ON THE NOMINEES WAS AS FOLLOWS: MR. SALVAGGIO, MR. RHAME AND MAYOR FIRKINS VOTED IN FAVOR OF MR. RHAME; MR. RUTKOWSKI AND MRS. THURM FOR MRS. THURM. MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED TO ADOPT THE RESOLUTION NAMING MR. RHAME AS MAYOR PRO TEM. MR. RHAME SECONDED. THE VOTE WAS 5 -0 IN FAVOR AND THE MOTION CARRIED. PAGE Z OF.r MICROFILMED 4 -24.80 ITEM 3. ORDINANCE 8 -72 AMENDING COUNCIL RULES OF PROCEDURE (1ST READING) MAYOR FIRKINS READ THE ORDINANCE TITLE AS FOLLOWS: "AN - ORDINANCE ESTABLISHING RULES AND PROCEDURES FOR THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, ABOLISHING AND REPEALING ALL OTHER ORD- INANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO AND A 5 -0 VOTE IN FAVOR, FIRST READING WAS APPROVED. ITEM 4. RESOLUTION 72 -22 -.APPOINTMENT OF TWO ZONING BOARD MEMBERS MAYOR FIRKINS READ THE LETTERS FROM APPLICANTS.FOR THE BOARD, AND THE FLOOR WAS OPENED FOR NOMINATIONS. MAYOR FIRKINS NOMINATED MR. ROBERT GARTHWAITE. MR. RUTKOWSKI NOMINATED MR. CLIFFORD VAN WAGNER AND MR. FRANKLIN MACLAY. MR. SALVAGGIO NOMINATED MR. E.H. ALLEN. MR. FRANK MARTIN, CHAIRMAN OF THE ZONING & PLANNING BOARD STATED THE REQUIREMENTS FOR QUALIFYING AND THAT THE BOARD HAD REC- OMMENDED MR. VAN WAGNER AND MR. MACLAY. MR. RHAME MOVED TO CLOSE THE NOMINATIONS, MRS. THURM SECONDED AND THE VOTE WAS 5 -0 IN FAVOR, CARRYING THE MOTION. VOTING ON THE NOMINEES WAS AS FOLLOWS: 4 TO 1 FOR MR. VAN WAGNER- MAYOR FIRKINS, RUTKOWSKI,SALVAGGIO,THURM 3 TO 2 it MR. MACLAY - RHAME, RUTKOWSKI, THURM 3 TO 2 it MR. ALLEN - MAYOR FIRKINS, RHAME, SALVAGGIO THERE BEING A TIE BETWEEN MACLAY AND ALLEN, ANOTHER VOTE WAS TAKEN AS FOLLOWS: 2 TO 3 FOR MR. MACLAY - RUTKOWSKI, THURM 3 TO 2 FOR MR. ALLEN - MAYOR FIRKINS, RHAME, SALVAGGIO. MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION APPOINTING MEMBERS TO THE ZONING AND PLANNING BOARD; PROVIDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED FOR ADOPTION OF THE RESOLUTION, NAMING MR. VAN WAGNER AND MR. ALLEN TO THE BOARD. MR. RHAME SECONDED. MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO AND MRS. THURM VOTED IN FAVOR WITH MR. RUTKOWSKI ABSTAINING AND THE MOTION'CARRIED. ITEM 5. RESOLUTION 72 -23 - POLICE STANDARDS IN REVENUE SHARING MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING FOR COMPLIANCE WITH CERTAIN REQUIREMENTS UNDER THE 1972 FLORIDA REVENUE SHARING ACT. MR. SALVAGGIO MOVED TO ADOPT THE RESOLUTION; MR. RHAME SECONDED AND THE MOTION CARRIED BY A 5 -0 VOTE. PACE'S OF$' 9 111411GROFILMED 4,24 -80 ITEM 6. APPLICATION FOR MOBILE CANTEEN OPERATION MAYOR FIRKINS READ THE APPLICATION FOR TWO TRUCKS TO OPERATE ON THE CITY STREETS, AND THE HEALTH DEPARTMENT APPROVAL. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME AND A 5 -0 VOTE OF COUNCIL, THE APPLICATION WAS APPROVED. ITEM 7. RESOLUTION 72 -24 - CLOSING ALLEY IN BLOCKS 45 8 50 (PUBLIC HEARING) MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY IN BLOCKS 45 AND 50, AVON -BY- THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE." MR. KIRSCHENBAUM, ATTORNEY FOR THE APPLICANT, STATED THAT THE PLAN WAS TO CONSTRUCT APARTMENTS,_WHICH WOULD COMPLY WITH,THE NEW ZONING ORDINANCE IN ALL REQUIREMENTS. MR. RHAME MOVED THAT THE REQUEST BE GRANTED CONTINGENT ON RECEIPT OF A LETTER DEFINING IN SOME DETAIL THE S. BUILDING PLANS. N MAYOR FIRKINS SECONDED THE MOTION AND THE VOTE WAS 5 -0 IN FAVOR. THE MOTION CARRIED. ITEM 8. ORDINANCE 9 -72 INSURANCE FEES ON CARRIERS (IST READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE LEVYING AND IMPOSING UPON ALL INSURERS, NOW OR HEREAFTER ENGAGING IN OR CARRYING ON THE BUSINESS OF INSURING WITH RESPECT TO CASUALTY RISKS AN EXCISE OR LICENSE TAX IN ADDITION TO ANY TAX NOW LEVIED, OF 1% OF THE GROSS AMOUNT OF RECEIPTS OF ALL PREMIUMS FROM CASUALTY INSURANCE POLICIES INSURING PROPERTY WITHIN THE MUNICIPAL LIMITS OF THE CITY OF CAPE CANAVERAL, FLORIDA; AND PROVIDING WHEN SAID TAX SHALL BE DUE AND PAYABLE. MR. FRANCIS EXPLAINED THAT THIS TAX WOULD BE COLLECTED BY THE STATE AND RETURNED TO THE CITY YEARLY, TO BE USED FOR THE POLICE RETIREMENT FUND. MR. SALVAGGIO MOVED FOR APPROVAL ON FIRST READING; MR. RHAME SECONDED AND THE MOTION CARRIED BY.A. *5 -0 VOTE OF COUNCIL. MR. RUTKOWSKI MOVED TO ADD AN ITEM TO THE AGENDA. MR. RHAME SECONDED AND THE MOTION CARRIED BY A 5 -0 VOTE. MR. RUTKOWSKI MOVED TO NAME THE ITEM "AREAS OF INTEREST" RELATIVE TO RULE 1.22 OF THE RULES OF PROCEDURE. MR. RHAME SECONDED AND THE MOTION CARRIED BY 5 -0 VOTE. ITEM 9. AREAS OF INTEREST MR. RHAME MOVED TO TABLE; MRS. THURM SECONDED. VOTE ON THE MOTION WAS AS FOLLOWS: MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO AND MRS. THURM IN FAVOR, MR. RUTKOWSKI OPPOSED AND THE MOTION CARRIED. DURING THE DISCUSSION PERIOD, MR. LEO NICHOLAS OFFERED HIS SERVICES TO THE CITY ON THE ZONING & PLANNING BOARD OR THE BOARD OF PAGE 4- -0F MICROf 1LWiLD 444 -80 ADJUSTMENT. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME AND A 5 -0 VOTE OF COUNCIL, THE MEETING WAS ADJOURNED AT 9:45 P.M. APPROVED THIS 5TH DAY OF JULY 1972. PAGE $ 4F5