HomeMy WebLinkAbout07-05-1972 Regular MeetingMICRCFILIVIED . 4.24 -80
REGULAR MEETING
CITY COUNCIL
JULY 5, 1972
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA WAS HELD ON JULY 5, 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 FIRKINS,JR.
ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE
MAYOR FIRKINS; COUNCILMEN E. H. RHAME, A. M. RUTKOWSKI, G. J. SALVAGGIO
AND MRS. ANN THURM; CITY MANAGER A. J. FRANCIS; ASSISTANT CITY ATTORNEY
RICHARD SCOTT; CITY CLERK ANITA OSTROM.
MINUTES OF THE MEETING OF JUNE 20, 1972 WERE APPROVED AS
READ BY THE CLERK.
UNFINISHED BUSINESS:
ITEM 1. ORDINANCE 7 -72 - BOARD OF ADJUSTMENT (2ND READING)
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,
DECISIONS 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."
MRS. THURM MOVED TO AMEND THE ORDINANCE BY ADDING UNDER
176.08 THE FOLLOWING: A CANDIDATE OR APPLICANT SHALL POSSESS THE
FOLLOWING QUALIFICATIONS: 1. BE A RESIDENT OF THE CITY OF CAPE
CANAVERAL, FLORIDA FOR ONE YEAR. 2. BE A RESIDENT OF THE STATE OF
FLORIDA FOR TWO YEARS.
CAPE CANAVERAL, FLORIDA
THE ZONING 8 PLANNING B
O
MR. RUTKOWSKI MOVED FOR
NUMBER TWO. MRS. THURM
3. BE A REGISTERED VOTER OF THE CITY OF
AND 4. NOT BE A MEMBER OF THE CITY COUNCIL OR
OARD. THERE WAS NO SECOND AND THE MOTION WAS LOST.
THE SAME AMENDMENT, EXCEPT FOR QUALIFICATION
SECONDED AND THE MOTION CARRIED WITH THE
FOLLOWING VOTE: MR. RHAME, MR. RUTKOWSKI AND MRS. THURM IN FAVOR, MAYOR
FIRKINS AND MR. SALVAGGIO OPPOSED.
MR. RUTKOWSKI MOVED TO FURTHER AMEND THE ORDINANCE BY CHANGING
THE WORD "CHAPTERS" IN THE HEADING TO "SECTIONS ". MRS. THURM SECONDED
AND THE MOTION CARRIED BY UNANIMOUS VOTE.
MR. RHAME MOVED TO ADOPT THE ORDINANCE, AS AMENDED; MR.
SALVAGGIO SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE.
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ITEM 2. ORDINANCE 8 -72 - RULES OF PROCEDURE (2ND READING)
MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE
ESTABLISHING RULES AND'PROCEDURES FOR THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, ABOLISHING AND REPEALING ALL OTHER ORDINANCES IN
CONFLICT THEREWITH: PROVIDING AN EFFECTIVE DATE."
MR. RHAME MOVED TO AMEND THE ORDINANCE AS FOLLOWS:
1.04 LINE 5, CHANGE "ENTIRE COUNCIL" TO "MAJORITY OF COUNCIL
PRESENT"
LINE 12,CHANGE "IMMEDIATELY FOLLOWING" TO "PRIOR TO OR
DURING"
1.05 CHANGE SECOND SENTENCE TO READ: "THE MAYOR SHALL
ASSUME THE CHAIR AS PRESIDING OFFICER AT THE NEXT
MEETING AFTER HIS ELECTION.
1.07 CHANGE FIRST SENTENCE TO READ: "THE CITY ATTORNEY
OR SUCH MEMBER OF HIS OFFICE AS HE MAY DESIGNATE
WITH THE APPROVAL OF THE COUNCIL SHALL BE AVAILABLE
TO THE COUNCIL AT ALL MEETINGS.
1.13 CHANGE FIRST SENTENCE, FIRST CLAUSE_, TO READ: "THE
VOTE UPON EVERY MOTION, RESOLUTION OR ORDINANCE SHALL
BE TAKEN BY HAND VOTE.
1.14 DELETE THE LAST CLAUSE WHICH STARTS "PROVIDED, HOWEVER.."
1.19 DELETE IN ITS ENTIRETY.
1.20 DELETE IN ITS ENTIRETY.
1.21 RENUMBERED 1.19, CHANGE TO READ AS FOLLOWS:
"COUNCIL MEMBER'S AREAS OF DIRECT INTEREST. EACH
COUNCIL MEMBER SHALL BE A SOURCE OF INFORMATION TO
THE COUNCIL IN HIS AREA OF DIRECT INTEREST. THE
INTENT OF THIS RULE IS NOT TO PREVENT ANY COUNCILMAN
FROM EXECUTING HIS RIGHTS AND PREROGATIVES OF OFFICE
BUT RATHER IS TO PERMIT AN ORDERLY DIVISION OF
INTERESTS BETWEEN THE COUNCILMEN. THE FIVE (5)
AREAS OF INTEREST ARE: (1) PUBLIC WORKS: ROADS, POWER
AND LIGHT SERVICE, TELEPHONE SERVICE, TRAFFIC AND
PARKING, RECREATION, CITY PARKS, CITY BEACHES AND
WATERWAYS; (2) BUILDING AND ZONING: ZONING AND
PLANNING BOARD, BOARD OF ADJUSTMENT, BUILDING OFFICIAL,
CITY PLANNING AND SCHOOLS; (3) POLICE AND FIRE:
POLICE DEPARTMENT, CITY COURTS AND JUDGES, FIRE
DEPARTMENT AND FIRE INSPECTOR; (4) FINANCE, BUDGET,
AND ADMINISTRATION: CITY CLERK, CITY TREASURER, CITY
HALL, BONDS, TAXES AND REVENUE,.ELECTIONS, CHAMBER
OF COMMERCE, CITY ATTORNEY AND CITY MANAGER, LIBRARY,
(5) SANITATION AND PUBLIC HEALTH: SEWAGE, DRAINAGE,
WATER SERVICE, HEALTH AND SANITATION INSPECTOR, GARBAGE
SERVICE, ANIMAL CONTROL, LIQUOR AND BEVERAGES AND
BEAUTIFICATION."
1.22 RENUMBER 1.20. CHANGE THE FIRST SENTENCE TO READ: "THE
CITY ATTORNEY, WHEN REQUESTED, SHALL PREPARE ORDINANCES
AND RESOLUTIONS WHICH SHALL BE DELIVERED TO THE CITY
CLERK."
CHANGE THE THIRD SENTENCE TO READ:
"ORDINANCES MAY BE INTRODUCED AND ADOPTED BY TITLE
AND SHOULD BE READ BY TITLE ONLY BY THE PRESIDING
OFFICER OR HIS DESIGNEE BEFORE CONSIDERATION BY THE
COUNCIL ON FIRST READING."
1.23 RENUMBER 1.21.
1.24 RENUMBER 1.22.
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bllCROFILMED 4-24-80
MR. SALVAGGIO SECONDED THE MOTION TO AMEND. MAYOR FIRKINS,
MR. RHAME AND MR. SALVAGGIO VOTED IN FAVOR; MR. RUTKOWSKI AND MRS. THURM
OPPOSED, AND THE MOTION CARRIED.
MR. RHAME MOVED TO ADOPT THE ORDINANCE, AS AMENDED; MR.
SALVAGGIO SECONDED. MAYOR FIRKINS, MR. RHAME AND MR. SALVAGGIO VOTED
IN FAVOR; MR. RUTKOWSKI AND MRS. THURM OPPOSED AND THE MOTION CARRIED.
THE ORDINANCE, AS AMENDED, WAS ADOPTED.
ITEM 3. ORDINANCE 9 -72 - INSURANCE FEES ON CARRIERS_ (2ND
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."
BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO AND A
UNANIMOUS VOTE OF COUNCIL, THE ORDINANCE WAS ADOPTED.
ITEM 4. RESOLUTION 72 -25 - AREAS OF INTEREST
MR. RHAME MOVED TO TAKE THIS ITEM FROM THE TABLE; MRS. THURM
SECONDED AND THE VOTE WAS UNANIMOUS, CARRYING THE MOTION.
MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION
DESIGNATING AREAS OF DIRECT INTEREST OF INDIVIDUAL COUNCILMEN;
PROVIDING AN EFFECTIVE DATE."
MR. RHAME MOVED THAT THE AREAS OF INTEREST BE OESIGNATED BY
NOMINATION AND VOTE OF COUNCIL. MR. SALVAGGIO SECONDED AND THE MOTION
CARRIED BY UNANIMOUS VOTE.
MR. RHAME NOMINATED MR. RUTKOWSKI FOR SECTION 1. MR. RUTKOWSKI
NOMINATED MR. SALVAGGIO. NOMINATIONS WERE CLOSED BY MOTION OF MR. RHAME,
SECONDED BY MR. SALVAGGIO. VOTE ON THE NOMINEES WAS AS FOLLOWS:
MR. RUTKOWSKI - MR. SALVAGGIO, MAYOR FIRKINS, MR. RHAME IN
FAVOR; MR. RUTKOWSKI OPPOSED, MRS. THURM
ABSTAINED.
MR. SALVAGGIO - IN FAVOR, NONE - OPPOSED MR. SALVAGGIO.
FOR SECTION 2. MR. SALVAGGIO NOMINATED MR. RHAME. MR.
RUTKOWSKI NOMINATED MRS. THURM. NOMINATIONS WERE CLOSED BY MOTION OF
MR. SALVAGGIO, SECONDED BY MR. RHAME. VOTE WAS AS FOLLOWS:
MR. RHAME - MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO, AND
MRS. THURM IN FAVOR. 'MR. RUTKOWSKI ABSTAINED.
MRS. THURM - IN FAVOR, MR. RUTKOWSKI, OPPOSED MR. SALVAGGIO.
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MICROFILMED 4.24 -80.
FOR SECTION S. MR. RHAME NOMINATED MR. SALVAGGIO. MR.
RUTKOWSKI NOMINATED MRS. THURM. NOMINATIONS CLOSED BY MOTION OF
MR. SALVAGGIO, SECONDED BY MR. RHAME. VOTE WAS AS FOLLOWS:
MR. SALVAGGIO - MR. RHAME, MRS. THURM, MAYOR FIRKINS,
MR. SALVAGGIO IN FAVOR - MR. RUTKOWSKI OPPOSED,
MRS. THURM - MR. RUTKOWSKI IN FAVOR -
FOR SECTION 4. MR. SALVAGGIO NOMINATED MAYOR FIRKINS. MR.
RUTKOWSKI NOMINATED MRS. THURM. NOMINATIONS WERE CLOSED BY MOTION OF
MR. RHAME, SECONDED BY MR. SALVAGGIO. VOTE WAS AS FOLLOWS:
MAYOR FIRKINS - IN FAVOR, MR. SALVAGGIO, MR. RHAME, MAYOR
FIRKINS
MRS. THURM - IN FAVOR, MR. RUTKOWSKI AND MRS. THURM.
FOR SECTION 5. MR. RHAME NOMINATED MRS. `THURM. MR.. RUTKOWSKI
NOMINATED MR. RHAME, MAYOR FIRKINS, AND MR. SALVAGGIO. MR. RHAME THEN
NOMINATED MR. RUTKOWSKI. NOMINATIONS WERE CLOSED BY MOTION OF MR.
SALVAGGIO, SECONDED BY MR. RHAME. VOTE WAS AS FOLLOWS:
FOR MRS. THURM - MR. SALVAGGIO, MR. RHAME, MAYOR FIRKINS AND
MRS. THURM
FOR MR. RHAME - MR. RUTKOWSKI
NO VOTE FOR OR AGAINST THE OTHER NOMINEES.
MAYOR FIRKINS AGAIN READ THE RESOLUTION INSERTING THE AREAS
OF INTEREST AS FOLLOWS:
SECTION
1.
MR.
RUTKOWSKI
SECTION
2.
MR.
RHAME
SECTION
3.
MR.
SALVAGGIO
SECTION
4.
MAYOR FIRKINS
SECTION
F.
MRS.
THURM
MR. SALVAGGIO MOVED TO ADOPT THE RESOLUTION. MRS. THURM
SECONDED. MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO AND MRS. THURM VOTED
IN FAVOR; MR. RUTKOWSKI ABSTAINED AND THE MOTION CARRIED.
NEW BUSINESS:
ITEM 1. REQUEST 72 -9 - CAPE SHORES INC. FINAL APPLICATION
FOR R.P.U.D.
MAYOR FIRKINS REVIEWED THE APPLICATION. MR. BURKETT, CHAIRMAN
OF THE ZONING & PLANNING BOARD REPORTED THE RECOMMENDATION OF THE
BOARD FOR APPROVAL BY A 4 -1 VOTE WITH STIPULATIONS. MR. RHAME MOVED TO
FOLLOW THE RECOMMENDATION OF THE ZONING & PLANNING BOARD TO APPROVE
CONTINGENT UPON THE FOLLOWING: 1. BUILDING # 17 HAS SOUTH SIDE SET
BACK OF 15 FEET. 2. LETTER FROM APPLICANT COVERING DEDICATION OF
SEWER EASEMENTS, 8 IN. MAINS AND MANHOLES, AND CLARIFYING A 20 FOOT
ROAD TO BE BUILT AND MAINTAINED BY THE APPLICANT. MR. SALVAGGIO
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MICROFILMED 4.24.80
SECONDED THE MOTION. MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO AND
MRS. THURM VOTED IN FAVOR; MR. RUTKOWSKI ABSTAINED AND THE MOTION
CARRIED. IT WAS STATED AND AGREED THAT THE APPLICANT WAS TO HAVE THE
.FILE RECORDED.
ITEM 2. RESOLUTION 72 -26 - EMERGENCY MUTUAL AID BETWEEN CITIES.1
MAYOR FIRKINS READ THE RESOLUTION ENTITLED "MUTUAL AID PACT
BETWEEN THE SEVERAL COUNTIES AND /OR MUNICIPALITIES IN THE C -2 DISTRICT
OF THE CENTRAL FLORIDA CIVIL DEFENSE AREA.
BY MOTION OF MR. RHAME, SECONDED BY MRS. THURM AND A UNANIMOUS
VOTE OF COUNCIL, THE RESOLUTION WAS ADOPTED.
ITEM 3. MOTION TO EXERCISE OPTION ON LIBRARY LEASE.
MR. SALVAGGIO MOVED THAT THE CITY EXERCISE THE OPTION TO
RENT THE LIBRARY FACILITIES FOR ANOTHER TWO YEARS AT THE PRESENT RATE.
MR. RHAME SECONDED AND THE MOTION CARRIED WITH MR. SALVAGGIO, MR-RHAME,
MR. RUTKOWSKI AND MRS. THURM VOTING IN FAVOR; MAYOR FIRKINS ABSTAINED.
ITEM 4. ORDINANCE 10 -72 - AMENDING ORDINANCE 17 -71
PERMIT FEES (1ST READING)
MR. RHAME MOVED TO POSTPONE THIS ITEM FOR TWO WEEKS. MR.
SALVAGGIO SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE.
ITEM. 5. MOTION TO APPOINT REPRESENTATIVE TO BREVARD LEAGUE
OF CITIES
MR. SALVAGGIO MOVED TO APPOINT MAYOR FIRKINS, WITH THE
CITY MANAGER AS ALTERNATE. MRS. THURM SECONDED AND THE MOTION CARRIED
BY A UNANIMOUS VOTE.
ITEM 6. QUARTERLY BUDGET REVIEW.
MR. FRANCIS STATED THAT AT THE END OF MAY, COVERING 2/3
OF THE FISCAL YEAR, INCOME TO DATE WAS 78% OF BUDGETED AMOUNT AND
EXPENSES WERE AT 2/3 OF BUDGETED AMOUNT. NO REVISION WAS NECESSARY.
ITEM 7. RESOLUTION 72 -27 - APPOINTMENT OF BOARD OF ADJUSTMENT.
MR. FRANK MARTIN AND MR. GARTHWAITE WITHDREW THEIR NAMES
AS APPLICANTS FOR THE BOARD. MR. SALVAGGIO PLACED THE REMAINING FIFTEEN
NAMES IN NOMINATION.
MRS. THURM MOVED TO SUSPEND THE RULES OF PROCEDURE AND VOTE
BY .BALLOT. MR. RUTKOWSKI SECONDED. MR. RUTKOWSKI AND MRS. THURM VOTED
IN FAVOR; MAYOR FIRKINS, MR. RHAME AND MR. SALVAGGIO AGAINST AND THE
MOTION WAS LOST.
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MICROFILMED 4.24 -80
MR. RHAME MOVED THAT EACH COUNCILMAN VOTE FOR FIVE
CANDIDATES OF THEIR CHOICE. MR. SALVAGGIO SECONDED. MR. SALVAGGIO,
MR. RHAME AND MAYOR FIRKINS VOTED IN FAVOR; MR. RUTKOWSKI AND MRS. THURM
OPPOSED. THE MOTION CARRIED. MAYOR FIRKINS ASKED FOR ANY OTHER NOMIN-
ATIONS. THERE BEING NONE, MR. SALVAGGIO MOVED TO CLOSE NOMINATIONS.
MR. RHAME SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE.
VOTE WAS AS FOLLOWS:
MAYOR FIRKINS VOTED FOR CIOFFOLETTI, GRAEFE, LITTLER, MEGUTAR,
NICHOLAS
MR. SALVAGGIO VOTED FOR - NICHOLAS, HAYES, LITTLER, MEGUTAR,
GRAEFE
MR. RHAME VOTED FOR - NICHOLAS, GRAEFE, BALOUGH, CIOFFOLETTI
MACLAY
MR. RUTKOWSKI VOTED FOR - MACLAY, LITTLER, MOELLER, BALOUGH,
FILKINS
MRS. THURM VOTED FOR - MACLAY, LITTLER, MOELLER, CANNON,BALOUGH.
MR. RHAME MOVED FOR THE APPOINTMENT OF MR. LEO NICHOLAS,
MR. RALPH LITTLER, MR. FRANKLYN MACLAY, MR. ROGER GRAEFE AND MR. EDWARD
BALOUGH. MR. SALVAGGIO SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE.
MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION
APPOINTING FIVE MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE."
BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME AND A
UNANIMOUS VOTE OF COUNCIL, THE RESOLUTION WAS ADOPTED.
MR. RHAME MOVED TO NAME MR. NICHOLAS AS TEMPORARY CHAIRMAN
OF THE NEW BOARD OF ADJUSTMENT. MAYOR FIRKINS SECONDED. MR. RHAME,
MR. SALVAGGIO AND MAYOR FIRKINS VOTED IN FAVOR; MRS. THURM OPPOSED;
MR. RUTKOWSKI ABSTAINED AND THE MOTION CARRIED.
MR. RHAME STATED THAT THE CHIEF OF POLICE HAS BEEN INJURED
IN THE LINE OF DUTY AND THAT THE CITY OWED THE CHIEF AND THE POLICE
DEPARTMENT A VOTE OF THANKS.
MAYOR FIRKINS ANNOUNCED A MEETING OF THE BOARD OF ADJUSTMENT
I
ON JULY 11, 1972.
BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO, THE MEETING
WAS ADJOURNED AT 10:02 P.M.
APPROVED THIS 18TH DAY OF JULY
L� - "21 - - ma-
1972.