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Home My WebLink About09-05-1972 Regular MeetingMICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL SEPTEMBER 5, 1972 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 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; CITY ATTORNEY STANLEY WOLFMAN; CITY CLERK ANITA OSTROM AND SGT. AT ARMS OFFICER KING. MINUTES OF THE AUGUST 15TH MEETING WERE APPROVED AS CORRECTED BY MR. RUTKOWSKI. UNFINISHED BUSINESS: ITEM 1. ORDINANCE 11 -72 - OCCUPATIONAL LICENSE (2ND READING) MAYOR FIRKINS READ THE ORDINANCE IN ITS ENTIRETY. MR. SALVAGGIO MOVED FOR ADOPTION AND MR. RHAME SECONDED THE MOTION. MR. RUTKOWSKI MOVED THE FOLLOWING AMENDMENTS TO THE ORDINANCE: 1. SECTION 2. AUTHORITY. CHANGE THE LAST SENTENCE TO READ "ORDINANCE NO. 3 -62 AS AMENDED BY ORDINANCES 11 -70, 6 -70 AND 3 -62 -A IS HEREBY REPEALED. 2. SECTION 12. SCHEDULE OF RATES. CHANGE AS FOLLOWS: A. ADVERTISING DELETE PARAGRAPH-(H). PARAGRAPH (I) BECOMES (H) B. ASTROLOGERS, SPIRITUALISTS, MEDIUMS, CHANGE "NOT AFFILIATED WITH AN ESTABLISHED LOCAL CHURCH," TO "NOT AFFILIATED WITH ANY CHURCH," AND INSERT AFTER THE WORDS "SIMILAR NATURE." CHANGE AMOUNT TO $200.00. C. CLUBS, LODGES AND FRATERNAL ORGANIZATIONS INSERT THE WORD "PROFITMAKING" AFTER "ORGANIZATIONS" D. CONTRACTORS (HERO -SPACE INDUSTRY) CHANGE "AEROSPACE INDUSTRY" TO "ENGINEERING" E. DETECTIVES CHANGE WORDS "(UPON APPROVAL OF CHIEF OF POLICE) TO "(UPON RECOMMENDATION OF THE CHIEF OF POLICE) ". ADD.. SUBJECT TO STATE STATUTES AND REGULATIONS. F. DIVINE HEALERS DELETE WORD "EACH" AND AMOUNT. SUBSTITUTE "(SEE ASTROLOGERS, SPIRITUALISTS, MEDIUMS)". G. EXPRESS COMPANIES CITATION SHOULD BE "(SEE SECTION 167.4302, FLORIDA STATUTES)" H. FORTUNE TELLERS, PALMISTS, ETC. DELETE WORD "EACH" AND AMOUNT. SUBSTITUTE "(SEE ASTROLOG- ERS, SPIRITUALISTS, MEDIUMS)" I. HYPNOTIST DELETE WORDS "PER DAY" ADD "(ISSUANCE SUBJECT TO STATE STATUTES AND REGULATIONS)" J. KENNELS CHANGE FROM "DOGS AND ANIMALS" TO "DOGS OR OTHER ANIMALS (ISSUANCE SUBJECT TO COUNTY AND LOCAL ANIMAL CONTROL ORDINANCES) PAGE I ®Fq- 4 MICROFILMED 4 -24 -80 K. DELETE_MEDICINE SHOWS L. DELETE PORTRAITS M. CORRECT " PAANO TUNERS" TO READ "PIANO TUNERS" -N. RADIO AND TELEVISION REPAIRS ADD (ISSUANCE SUBJECT TO 'STATE STATUTES AND REGULATIONS) 0. DELETE RADIO STATIONS P. RINKS CHANGE "BICYCLE, SKATING, OR OTHERS NON- RESIDENT, PER" TO "BICYCLE OR SKATING" DELETE "PER DAY" 3.- SECTION 13. EXEMPTIONS. CHANGE CITATION IN PARAGRAPH (C) TO READ "(SEE SECTION 205.181, FLORIDA STATUTES) 4. DELETE SECTION 16. BUSINESSES NOT SPECIFICALLY DESIGNATED.' MRS. THURM SECONDED THE MOTION TO AMEND. MR. RHAME MOVED TO AMEND THE AMENDMENT BY DELETING THE DELETION OF SECTION 16. MR. SALVAGGIO SECONDED. MR. RHAME, MR. SALVAGGIO, MRS. THURM AND THE CHAIR VOTED IN FAVOR; MR. RUTKOWSKI OPPOSED; THE MOTION CARRIED. VOTE ON THE AMENDMENT AS AMENDED WAS UNANIMOUS IN FAVOR. VOTE ON THE ORDINANCE AS AMENDED WAS UNANIMOUS AND THE ORDINANCE WAS ADOPTED. NEW BUSINESS: ITEM 1. RESOLUTION 72 -35 - DISAVOWING ACTION BY THE AMERICAN FEDERATION OF POLICE RE: REWARDS MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION DIS- AVOWING A CERTAIN ACTION BY THE AMERICAN FEDERATION OF POLICE; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME AND A UNANIMOUS VOTE OF COUNCIL, THE RESOLUTION WAS ADOPTED. ITEM 2. RESOLUTION 72 -36 - EQUAL RIGHTS AMENDMENT MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION URGING THE STATE OF FLORIDA TO RATIFY THE PROPOSED CONSTITUTIONAL AMENDMENT PROVIDING FOR EQUAL RIGHTS FOR MEN AND WOMEN." MRS. THURM MOVED FOR ADOPTION AND MR. SALVAGGIO SECONDED. MRS. THURM MOVED TO AMEND BY IDENTIFYING THE AMENDMENT AS (U.S. HOUSE JOINT RESOLUTION NO. 280). MR. SALVAGGIO SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE. THE VOTE WAS UNANIMOUS IN FAVOR OF ADOPTION OF THE RESOLUTION, AS AMENDED. ITEM 3. RESOLUTION_72 -37 - AREA WIDE UTILITIES STUDY. MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPORTING THE RECOMMENDATIONS OF THE AREA WIDE WATER AND SEWER UTILITIES STUDY POLICY AND TECHNICAL ADVISORY COMMITTEE." BY MOTION OF MR. RUTKOWSKI, SECONDED BY MRS. THURM AND A UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED. ,, 4 MICROFILMED 4.24.80 ITEM 4. ORDINANCE 12 -72 - SEWER RATE INCREASES. (1ST READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE AMENDING ORDINANCE NO. 6 -66 AS AMENDED RELATING TO SANITARY SEWER SERVICE AND PRESCRIBING RATES TO BE CHARGED FOR USE OF MUNICIPAL SEWER SERVICE; PROVIDING AN EFFECTIVE DATE." THERE WAS MUCH DISCUSSION ON THIS ITEM, FROM COUNCIL AND THE AUDIENCE. THERE WERE QUESTIONS ABOUT THE MANNER IN DETERMINING THE RATES AND THE FAIRNESS OF THE INCREASES. THE AUDIENCE WAS TOLD THAT THERE WOULD BE MORE STUDY BEFORE SECOND READING OF'THE ORDINANCE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF COUNCIL, FIRST READING WAS APPROVED. ITEM 5. ORDINANCE 13 -72 - MILLAGE FOR FIRE DEPARTMENT (1ST READING) MAYOR FIRKINS READ THE TITLE OF THE ORDINANCE - "AN ORDINANCE ESTABLISHING AND IMPOSING AN AD VALOREM TAX ON REAL PROPERTY WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING SAID TAX SHALL BE APPROPRIATED FOR PURCHASE OF FIRE FIGHTING EQUIPMENT AND OPERATING COSTS OF THE FIRE DEPARTMENT ONLY; PROVIDING THAT THE BREVARD COUNTY TAX COLLECTOR COLLECT SAID TAX; PROVIDING AN EFFECTIVE DATE." MR. HOELPERL, FIRE CHIEF, EXPLAINED TO THOSE IN ATTENDANCE, THE NEED FOR SUCH A TAX. THERE WAS MUCH OPPOSITION TO THE CITY IMPOSING A TAX WI'THOUT A REFERENDUM. MR. SALVAGGIO MOVED TO APPROVE FIRST READING. MR. RHAME SECONDED. MR. SALVAGGIO AND MR. RHAME VOTED IN FAVOR; MRS. THURM, MR. RUTKOWSKI AND MAYOR FIRKINS VOTED AGAINST, AND THE MOTION FAILED. ORDINANCE LOST. ITEM 6. RESOLUTION 72 -38 - ADOPTION OF 1972 -1973 BUDGET MAYOR FIRKINS READ THE RESOLUTION*ENTITLED "A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE 1972 THROUGH 1973 FISCAL YEAR; PROVIDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED FOR ADOPTION; MR. RUTKOWSKI SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE OF COUNCIL. ITEM 7. ORDINANCE 14 -72 - PROTECTION OF DUNE AREAS (1ST READING)' MAYOR FIRKINS READ THE ORDINANCE TITLE "AN ORDINANCE RELATING TO THE PROTECTION OF THE DUNE AREA; SETTING FORTH AUTHORITY, PtIRPOSE AND RELATED REGULATION; DEFINING TERMS; PROHIBITING SOIL REMOVAL FROM DUNE AREA; PROTECTING CERTAIN VEGETATION IN DUNE AREA; CONTROLLING PEDESTRIAN TRAFFIC OVER DUNE AREA; PROVIDING FOR REMEDY FOR PRESENT DAMAGE; PROVIDING FOR ENFORCEMENT; AUTHORIZING PENALTY OF` FINE OR IMPRISONMENT OR BOTH FOR VIOLATION OF ORDINANCE; PROVIDING AN EFFECTIVE DATE." MR. RUTKOWSKI MOVED TO APPROVE FIRST READING. MRS. THURM SECONDED THE MOTION. MR. RUTKOWSKI, MRS. THURM, MR. RHAME AND MAYOR FIRKINS VOTED IN FAVOR; MR. SALVAGGIO ABSTAINED FOR FURTHER STUDY, AND THE MOTION CARRIED. PAGES OF* MICROFILMED 4.24 -80 ITEM 8. ORDINANCE 15 -72 - RULES OF PROCEDURE FOR BOARD OF ADJUSTMENT (1ST READING) MAYOR FIRKINS READ THE ORDINANCE TITLE "AN ORDINANCE ESTABLISH- ING RULES OF PROCEDURE FOR THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS PROVIDED BY THE COMPREHENSIVE ZONING ORDINANCE AND BY ORDINANCE NO. 7 -72 ESTABLISHING SUCH BOARD OF ADJUSTMENT; PROV- IDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED TO APPROVE FIRST READING, MR. RHAME SECONDED. THE QUESTION AROSE AS TO THE NECESSITY OF COUNCIL APPROVAL OF RULES FOR THIS BOARD, AND THAT PERHAPS AN AMENDMENT TO THE ZONING ORD- INANCE WAS MORE IN ORDER. MR. RHAME MOVED TO TABLE THIS ITEM; MRS. THURM SECONDED AND THE MOTION CARRIED. ITEM 9. RESOLUTION 72 -39 - PORT FIRE FIGHTING AGREEMENT. MAYOR FIRKINS READ THE RESOLUTION'ENTITLED "A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CITY OF CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO ENTER INTO A RENEWAL OF THE FIRE PROTECTION AGREEMENT WITH THE CANAVERAL PORT AUTHORITY; PROVIDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED FOR ADOP,'TION; MR. RHAME SECONDED. MR. FRANCIS ASKED COUNCIL TO POSTPONE ACTION ON THE AGREEMENT FOR FURTHER NEGOTIATIONS WITH THE PORT AUTHORITY. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND A UNANIMOUS VOTE, THE ITEM WAS POSTPONED. MR. RHAME MOVED TO ADD AN ITEM TO THE AGENDA "APPEAL TO THE BY COUNCIL BOARD OF ADJUSTMENT /REGARDING THE DECISION OF THE BUILDING OFFICIAL ON INTERSTATE DEVELOPMENT REQUEST. MR. RUTKOWSKI SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE OF COUNCIL. MR. RHAME MOVED FOR AN APPEAL BY COUNCIL TO THE BOARD OF ADJUST- MENT OF THE ADMINISTRATIVE DECISION BY THE BUILDING OFFICIAL REGARDING THE APPLICATION BY INTERSTATE DEVELOPMENT CORPORATION FOR R -1 CONTAINING ATTACHED SINGLE FAMILY, OR TRANSLATED, MULTI- FAMILY DWELLINGS IN THIS AREA. MR. RUTKOWSKI SECONDED THE MOTION AND IT CARRIED BY UNANIMOUS VOTE OF COUNCIL. BY MOTION OF MR. SALVAGGIO, SECONDED BY MAYOR FIRKINS, THE MEETING WAS ADJOURNED AT 11:40 P.M. APPROVED THIS r 9 ATTEST' CITY LERK DAY 4 4-t' 1972. X,N `I /� MO N*