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Home My WebLink About03-06-1973 Regular MeetingREGULAR MEETING MICROFILMED 4 -24 -80 CITY COUNCIL MARCH 6, 1973 A REGULAR MEETING OF THE CITY COUNCIL FOR THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 6, 1973 AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:32 P.M. FIRKINS, JR. THE MEETING WAS CALLED TO ORDER BY MAYOR GEORGE H. 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; SGT. AT ARMS WILLARD WINNETT. THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 20, 1973 WERE APPROVED AS SUBMITTED. OLD BUSINESS: ITEM 1. ORDINANCE 5 -73 AMENDING RULES OF PROCEDURE (First Rea ing MAYOR FIRKINS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE ESTABLISHING RULES AND PROCEDURES FOR THE CITY COUNCIL OF OF THE CITY OF CAPE CANAVERAL, ABOLISHING AND REPEALING ALL OTHER ORDIN- ANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED FOR APPROVAL OF FIRST READING OF THE ORDINANCE, MRS. THURM SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MR. RHAME, DIR. RUTKOWSKI, MRS. THURM. OPPOSED MR. SALVAGGIO, MAYOR FIRKINS. MOTION CARRIED. ITEM 2. MOTION REGARDING EDITORAL IN LOCAL NEWS. MR. SALVAGGIO MOVED THAT THE CITY MANAGER WRITE A LETTER TO THE "TODAY NEWSPAPER" CONGRATULATING THEM ON THEIR RETRACTION OF FEBRUARY 14, 1973. MR. RHAME SECONDED THE MOTION. MR. RUTKOWSKI READ A LETTER WRITTEN BY HIM TO THE CITY COUNCIL OPPOSING THIS ACTION. MRS. E THURM ALSO VOICED HER OPPOSITION. VOTA ON THE MOTION WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO, MAYOR FIRKINS. OPPOSED MRS. THURM, MR. RUTKOWSKI. THE MOTION CARRIED. NEW BUSINESS: COUNCIL AGREED TO MOVE TO ITEM 5 ON THE AGENDA AT THIS TIME. ITEM 5. ORDINANCE 8 -73 AMENDING ORDINANCE 12 -71 Request by R. H. Brook-s-)_ roo s MAYOR FIRKINS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING ORDINANCE 12 -71 AS AMENDED, WHICH AMENDS SECTION VI.1 THEREOF AS TO THE ZONING DISTRICT CLASSIFICATION CHANGING FROM M -3 CLASSIFICATION TO C -1 CLASSIFICATION PART OF LOT 3 AS DESCRIBED IN DEED BOOK 177 AND DEED BOOK 118, BLOCK 18, SECTION 14, TOWNSHIP 24, RANGE 37, BREVARD COUNTY, FLORIDA CONTAINING APPROXIMATELY 1.9 ACRES; PROVIDING AN EFFECTIVE DATE ". MICROFILA."ID 4 -24 -80 MR. SALVAGGIO MOVED TO APPROVE FIRST READING. MR. RHAME SECONDED THE MOTION. MR. JOHN HORNE WAS IN ATTENDANCE FOR MR. BROOKS TO EXPLAIN THE REQUEST FOR THIS REZONING AND STATED THAT THE LAND FOR THE ROAD RIGHT OF WAY FOR THE EXTENTION OF RIDGEWOOD AVENUE WAS TO BE DEDICATED TO THE CITY. AFTER DISCUSSION, MR. HORNE WAS ASKED TO FURN- ISH MORE INFORMATION TO THE COUNCIL AT THE NEXT WORK SHOP PRIOR TO SECOND READING. VOTE ON THE MOTION TO APPROVED WAS AS FOLLOWS: IN FAVOR MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED MR. RUTKOWSKI. MOTION CARRIED. ITEM 1. ORDINANCE 6 -73 REGARDING TREE PROTECTION first ea ing THE CITY ATTORNEY STATED THAT THEY HAD BEEN UNABLE TO PREPARE THE ORDINANCE FOR THIS MEETING DUE TO THE LENGTH OF THE OR- DINANCE AND THE WORK SCHEDULE. MR. RUTKOWSKI MOVED TO POSTPONE THIS ITEM TO THE NEXT MEETING. MR. RHAME SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. ITEM 2. RESOLUTION 73 -9 APPOINTMENT OF ELECTION BOARD MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION APPOINTING AN ELECTION BOARD FOR SPECIAL REFERENDUM ELECTION FOR INI- TIATIVE PETITION FOR ORDINANCE; PROVIDING AN EFFECTIVE DATE ". MR. SALVAGGIO MOVED FOR ADOPTION OF THE RESOLUTION. MRS. THURM SECONDED THE MOTION. MR. RUTKOWSKI NOTED AN ERROR IN ORDINANCE NUMBERS IN THE RESOLUTION, AND MOVED TO AMEND SECTION 2 BY DELETING THE WORDS "ORDINANCE 6 -68 AS AMENDED BY ORDINANCE 5 -71" AND INSERTING THE WORDS "THE CHARTER AND ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA ". MRS. THURM SECONDED THE MOTION. THE MOTION TO AMEND CARRIED BY UNANIMOUS VOTE. VOTE ON THE MAIN MOTION FOR ADOPTION OF THE RES- OLUTION WAS UNANIMOUS. THE RESOLUTION PASSED NAMING MRS. ALICE SCABAROZI AS CLERK OF THE ELECTION BOARD, AND THE FOLLOWING INSPECTORS: RHEA DEATS, LUKE BLAIR, PATRICIA BEAULIEU, BILLIE LaCHANCE, ANNE LARSON AND FREIDA PETELLE. ITEM 3 RECOMMENDATION FOR DISTRICT`2 MEMBER MR. SALVAGGIO INTRODUCED THE NAME DEAN SCHEIDERER FOR THIS RECOMMENDATION: MRS, THURM INTRODUCED THE NAME OF BEVERLY ALSDORF. VOTE WAS AS FOLLOWS: IN FAVOR OF MR. SCHEIDERER; MR. RHAME, MR. SALVAGGIO, MAYOR FIRKINS. IN FAVOR OF MRS. ALSDORF; MRS. THURM, MR. RUTKOWSKI. MR. DEAN SCHEIDERER WAS THEREFORE NAMED AS THE RECOM- MENDATION FOR DISTRICT 2 MEMBER. ITEM 4. ORDINANCE 7 -73 AMENDING ORDINANCE 18 -63 REGARD- ING QUALIFI-CATI-ONSTOR ZONING BOARD MEMBERS. First Rea ingj MAYOR FIRKINS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING ORDINANCE 18 -63 BY DE K�qq%%D R OM TH �RRP QUIREMENT THAT MEMBERSHIP OF THE ZONING & PLANNING BOARD BE OWNERS OF REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE ". BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE OF COUNCIL THE FIRST READING ON THE ORDINANCE WAS APPROVED. ITEM 6. APPROVAL OF RENEWAL AND REPLACEMENT BILLS. MR. SALVAGGIO MOVED FOR APPROVAL OF THE PAYMENT OF $809.60 IN INVOICES. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNAN- IMOUS VOTE. ITEM 7. GARBAGE CONTRACT MR. FRANCIS ASKED THAT THIS ITEM BE HELD OVER AND THAT COUNCIL MOVE ON TO THE NEXT ITEM. ITEM 8. TRUCK BIDS C MR. FRANCIS REPORTED THAT ONLY ONE BID WAS RECEIVED ON THE TWO TRUCKS AND RECOMMENDED THAT THIS BID BE REJECTED. MR. SALVAGGIO MOVED THAT THE BID BE REJECTED AND THE CITY CALL FOR NEW BIDS. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. ITEM 9. RESOLUTION 73 -10 ALLEY CLOSING BLOCK 55. MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY WHICH ABUTS LOTS 5, 11, AND 12, BLOCK 55; AVON -BY- THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE ". MR. SALVAGGIO MOVED FOR THE ADOPTION OF THIS RESOLUTION. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO, MRS. THURM, MAYOR FIRKINS. OPPOSED MR. RUTKOWSKI. MOTION CARRIED. ITEM 10. RESOLUTION 73 -11 ALLEY CLOS'ING BLOCK 72. MAYOR FIRKINS READ THE RESOLUTION ENTITLED " A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON -BY- THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED THAT THIS RESOLUTION BE ADOPTED. MR. RHAME SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED MR. RUTKOWSKI. MOTION CARRIED. RESOLUTION WAS ADOPTED. ITEM 7. GARBAGE CONTRACT THE CITY ATTORNEY STATED THAT THERE WAS NO CONTRACT PRE- PARED AT THIS TIME. TWO PARTIES WHO WHERE INTERESTED IN A GARBAGE CONTRACT WITH THE CITY WERE IN ATTENDANCE AT THE MEETING; MR. LAVIN AND MR. HOOG. AFTER CONSIDERABLE DISCUSSION MR. RUTKOWSKI MOVED THAT COUNCIL SET A SPECIAL MEETING FOR MARCH 7, 1973 FOR THE PURPOSE OF RE- SOLVING THE GARBAGE COLLECTION SITUATION. MR. SALVAGGIO SECONDED THE MOTION. THE MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. r MICROFILMED 4 -24 -80 MR. FRANCIS READ A LETTER TO CITY COUNCIL FROM MRS. HELEN S. FILKINS RELATIVE TO THE FIRST INTERSTATE DEVELOPMENT PROPOSED RPUD PROJECT.- THE CHIEF OF POLICE ANNOUNCED THAT THE AMOUNT OF FUNDS CLEARED FROM THE RECENT POLICEMEN'S BALL WAS $4,776.00, WHICH WAS ON DEPOSIT IN THE BANK AND INVESTED TO BE USED IN THE FUTURE FOR THE POLICE PENSION OR RETIREMENT. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME AND UNANIMOUS VOTE OF COUNCIL THE MEETING WAS ADJOURNED AT 9:50 P.M. APPROVED THIS -70tAlDAY OF %-)� a- 1973 . CITY CLERK MAYnR ir, MICROFILM 4-24-80 The suggestion that a legislative body of local government address itself to the editorial staff of a local newspaper is - I believe - without precedent. That it concerns a highly partisan matter on which considerable dissention exists both on this council and within the community, characterizes the motion as de- meaning and lamentable. The press will recognize the motion as a crass and clumsy attempt to influence; and it will only enhance the contempt held by substantial numbers of already alienated citizens for their government. AX Rutkowski, Councilman FILED AS PART OF THE RECORD ON MOTION NO. CONSIDERED ON MARCH 6, 1973. �J it 1. MICROFILMED 4 -24 -80 4- TO UM CAPE CANAVERAL CITY COUNCIL FROM# Helen Se Filkins DATE, 6 March 1973 It 1s imperative in view of the information brought to light at the Board of Adjustments meeting on 5 March 1973 that the Council take immediate steps to correct a rather gross mis- understanding of the actual substance and outcome of an appeal by ftuncilman Shame and Mr. Frank Martin before the Board of Adjustments on 27 October 1972. Apparently this misunderstanding was widespread through- out the City and very well may have affected the action of the Planning and Zoning Boards in voting 4 to 1 to recommend that the Interstate Corpabe granted a permit. The Chairman of the Planning and Zoning Board, W. T. Bur - kett, stated prior to voting to recommend the SPUD development that the,outoome of the Shane- Martin appeal had in effect DECIDED THAT MULTIPLE FAMILY DWELLINGS WERE ALLOWED IN R -1 and that the Board could do nothing to affect that decision. This was, of course, a gross misconception of the proceedings. Since Mr. Burkett's misunderstanding of the proceedings may very well have influenced the three members who voted to recom- mend it., and since the Board's recommendation could be a signi- fioant factor in some future court litigation, I strongly urge the City Council to: 1) relay the CORRECT information on the subject of the Shame- Martin appeal and its outcome tp the members of the Planning and Zoning Hoard by mail prior to the neat meeting of the Board., and# 2) direct the Chairman of the Planning and Zoning Board to re -poll the individual members at the neat regular meeting AFTER THIS INFORMATION HMS BEEN RELAYED AND UNDERSTOOD. BMM So FILKINS 11