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HomeMy WebLinkAbout06-19-1973 Regular Meeting' REGULAR MEETING MICROFILMED 44.24 -80 CITY COUNCIL JUNE 19, 1973 A REGULAR MEETING OF THE CITY COUNCIL FOR THE CITY OF CAPE CANAVERAL WAS HELD ON JUNE 19, 1973, AT THE CITY HALL, 105 POLK AVENUE, CPAE CANAVERAL, FLORIDA AT 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR GEORGE H. FIRKINS, JR.. REVEREND HENRI PICKENS OFFERED THE INVOCATION. ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR GEORGE H. 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; SGT. AT ARMS WILLARD WINNETT. THE MINUTES OF THE REGULAR MEETING OF JUNE 5, 1973 WERE APPROVED AS SUBMITTED. THE TREASURY REPORT FOR MAY 1973 WAS APPROVED AS SUBMITTED. UNFINISHED BUSINESS: ITEM 1. ORDINANCE 20 -73 - NOISE ABATEMENT (2nd Reading) MR. RUTKOWSKI READ THE ENTIRE ORDINANCE ENTITLED "AN ORDINANCE DECLARING POLICY TO ABATE NOISE; ESTABLISHING SOURCE NOISE STANDARDS WHICH APPLY TO: ALL SOURCES, FIXED MACHINERY, NON - STATIONARY SOURCE TEST- ING, TRANSPORTATION AND RECREATIONAL VEHICLES, SPECIAL SERVICES, AND MIS- CELLANEOUS DEVICES;. ESTABLISHING PERSONAL SAFETY NOISE STANDARDS; PRO- VIDING FOR VARIANCES; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINACE NO. 21 -72; PROVIDING AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED TO ADOPT THE ORDINANCE. MRS. THURM SECONDED THE MOTION. MUCH DISCUSSION FOLLOWED, WITH QUESTIONS FROM COUNCIL AND THOSE IN THE AUDIENCE. THE QUESTION AROSE AS TO THE FILING FEE BEING INADEQUATE TO COVER THE COST STIPULATED TO PAY THE VARIANCE BOARD. MRS. THURM MOVED TO AMEND THE APPLICATION FEE TO $250.00. MR. RUTKOWSKI MOVED TO TABLE THE ITEM TO REWORK THE FILING FEES. MRS. THURM SECONDED THE MOTION TO TABLE. MOTION PASSED BY UNANIMOUS VOTE OF THE COUNCIL. MAYOR FIRKINS RECOGNIZED SEVERAL VISTORS IN THE AUDIENCE, AMONG WHICH WERE MAYOR.GRADY OF ROCKLEDGE, MRS. HOPE, VICE PRESIDENT OF THE CHAMBER OF COMMERCE, JOHN CANNON, PRESIDENT OF THE CHAMBER OF COMMERCE AND BARNETT NATIONAL BANK AND PHIL MARESCA. MAYOR GRADY PRESENTED A BOX OF CIGARS TO MAYOR FIRKINS AND A BOOK WITH A PLAQUE ON THE COVER STATING "GEORGE H. FIRKINS, JR. MEMORIAL LIBRARY ". MAYOR FIRKINS THANKED REVEREND PICKENS FOR THE INVOCATION; ALSO THANKED EVERYONE IN THE CITY OF CAPE CANAVERAL AND BREVARD COUNTY FOR THEIR FRIENDSHIP AND HELP DUR- ING HIS TERM OF OFFICE. MR.-RHAME THEN PRESENTED MAYOR FIRKINS WITH A Page 1 of 5 (6/19/73) MICROFILMED 4 -24 -80 PLAQUE FROM THE CITY FOR HIS LENGTH OF SERVICE AS COUNCILMAN AND MAYOR. NEW BUSINESS: ITEM 1. OATH OF OFFICE OF MAYOR JUDGE PROPPER GAVE THE OATH OF OFFICE TO FRA4,,KLY P. MACLAY AS MAYOR OF THE CITY OF CAPE CANAVERAL. MAYOR MACLAY THANKED THE PEOPLE FOR THEIR VOTES AND SUPPORT. MRS. HELEN FILKINS GAVE A PLAQUE TO THE NE:" MAYOR FROM THE CITIZENS COMMITTEE OF CAPE CANAVERAL. ITEM 2. RESOLUTION 73 -23 - ELECTION OF MAYOR PRO TEM MR. SALVAG.GIO NOMINATED MR. RHAME. MR. RUTKOWSKI NOMINATED MRS. THURM. MR. SALVAGGIO MOVED THE NOMINATIONS BE CLOSED, MRS. THU SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. VOTE WAS AS FOLLOWS: MR. SALVAGGIO VOTED IN FAVOR OF MR. RHAME. MAYOR MACLAY, MR. RUTKOWSKI, MR. RHAME AND MRS. THURM VOTED IN FAVOR OF MRS. THURM MAYOR MACLAY READ THE RESOLUTION ENTITILED "A RESOLUTION ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL, FLORIDA; PRO- VIDING AN EFFECTIVE DATE ". BY MOTION OF MR. RHAME, SECONDED BY MR. RUTKOWSKI AND UN- ANIMOUS VOTE OF COUNCIL, THE RESOLUTION WAS ADOPTED NAMING MRS. THURM A MAYOR PRO TEM. ITEM S. ORDINANCE 21 -73 - AMENDING ORDINANCES-73 RULES OF PROCEDURE. Ist R AD N MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AID ORDINANCE AMENDING ORDINANCE NO. 5 -73, COUNCIL RULES OF PROCEDURE BY DE, LETING SECTION CONCERNING AREAS OF INTEREST, BY CHANGING MANNER OF VOTIf- AND, AMENDING ORDINANCE 18 -63 AS AMENDED BY 18 -63 -B, and 7 -73 (ZONING & PLANNING BOARD), AMENDING ORDINANCE 7 -72 AND 12 -71 AS AMENDED (BOARD OF ADJUSTMENT) BY DELINEATING MANNER OF VOTING FOR CITY BOARD ". BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR. SALVAGGIO AND UN- ANIMOUS VOTE OF THE COUNCIL, FIRST READING WAS APPROVED. ITEM 4. ORDINANCE 22 -73 - REPEALING ORDINANCES NO LONGER IN EFFECT 1st Rea ing MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANC REPEALING ORDINANCES NO. 46 -65, 36 -64 -A, 22 -65 -A AND 3 -71: PROVIDING A: EFFECTIVE DATE". MR. RUTKOWSKI MOVED TO APPROVE FIRST READING, MRS. THURM SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND THE ORDINANCE BY ADD- ING THE FOLLOWING ORDINANCE NUMBERS TO BE REPEALED, 1114 -63, 14 -A -63, 10 -68 22 -71, 17 -71 AND 10 -72 ". MR. RHAME SECONDED THE MOTION TO AMEND. MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS UNANIMOUS, FIRST READ- ING OF THE ORDINANCE AS AMENDED WAS APPROVED.. ITEM 4. ORDINANCE 23 -73 - AMENDING SIGN ORDINANCE (1st Readi.nR:-` MAYOR MACLAY READ THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING THE SIGN ORDINANCE BY CLARIFYING THE RIGHT -OF -WAY PROHIBITION; BY PROHIBITING FLASHING AND PORTABLE SIGNS; BY ESTABLISHING A SIGN HEIGHT LIMITATION; BY ALTERING THE PENALTY PROVIDED; PROVIDING AN EFFECTIVE DATL` MICROFILMED 4.2 �q ,BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR. SALVAGGIO AND UNL OUS VOTE, FIRST READING WAS APPROVED. ITEM 6. ORDINANCE 24 -73 - ESTABLISHING ADMINISTRATIVE REVIEW JUDGE (1st Reading) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE REVIEW JUDGE INCLUDING JURISDICTION, RUTH- ORITY, QUALIFICATIONS, COMPENSATION, APPOINTMENT, PROCEDURE, HEARINGS AND RECORDS; AMENDING ORDINANCE NO. 9 -70; PROVIDING AN EFFECTIVE DATE." MR. RUTKOWSKI EXPLAINED THE REASON FOR THIS ORDINANCE AS A PRO- TECTIVE MEASURE FOR THE CITY EMPLOYEES. AFTER SOME DISCUSSION, MR. SAL - VAGGIO MOVED TO TABLE THE ITEM FOR FURTHER STUDY. MRS. THURM SECONDED THE MOTION. THE VOTE IN FAVOR OF THE MOTION TO TABLE WAS MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO AND MRS. THURM. OPPOSED MR. RUTKOWSKI. THE MOTION CARRIED, THE ORDINANCE WAS TABLED. ITEM 7. RESOLUTION 73 -24 - APPOINTMENT OF ZONING BOARD MEMBERS MAYOR MACLAY READ THE RESOLUTION ENTITLED "A RESOLUTION APPOINT- ING MEMBERS TO THE ZONING AND PLANNING BOARD; PROVIDING AN EFFECTIVE DATE." CITY CLERK READ THE LETTERS FROM APPLICANTS FOR THE POSITIONS ON THE ZONING BOARD. IT WAS NOTED BY THE CITY MANAGER THAT THE RECOMMEND- ATION OF THE ZONING BOARD WAS MR. BALOUGH, MR. MARTIN AND MR. MOELLER FOR APPOINTMENTS. THE FLOOR WAS OPEN FOR NOMINATIONS. MR. RHAME NOMIN- ATED THE ENTIRE SLATE OF SIX APPLICANTS. EACH COUNCIL MEMBER WAS ASKED TO . ;CAST HIS VOTE FOR THREE OF THOSE NOMINATED. IN ALPHABETICAL ORDER THE COUNCIL VOTED AS FOLLOWS: MAYOR MACLAY - MR. RHAME - MR. RUTKOWSKI- DATIONS BY VOT MR. SALVAGGIO- MRS. THURM - MR. BALOUGH, MR. MARTIN AND MR. MOELLER MR. GARTHWAITE, MILLER AND MR. ROBERSON TO UPHOLD THE ZONING BOARD'S RECOMMEN ING FOR MR. BALOUGH, MARTIN AND MOELLER MR. GARTHWAITE, MILLER AND MR. ROBERSON MR. BALOUGH, MR. MARTIN AND MR. MOELLER THE APPLICANTS RECEIVING THE MOST VOTES WERE: MR. EDWARD BALOUGH, MR. FRANKLIN MARTIN AND MR. ROY MOELLER, WITH THREE VOTES EACH. MAYOR MACLAY READ THE RESOLUTION INCLUDING THE NAMES OF THE THREE ELECTED MEMBERS. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL THE RESOLUTION WAS ADOPTED. MR. BALOUGH ADDRESSED THE COUNCIL, RESIGNING FROM THE BOARD OF ADJUSTMENT AND ACCEPTING HIS NEW POSITION ON THE ZONING BOARD. ITEM 8. RESOLUTION 73 -25 AUDITOR CONTRACT MAYOR MACLAY READ THE RESOLUTION ENTITLED "A RESOLUTION APPROV- ING AGREEMENT FOR AUDITING SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA, AND DOBSON & JONES, P.A., PROVIDING AN EFFECTIVE DATE." BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL, THE RESOLUTION WAS APPROVED AUTHORIZING CONTRACT.FOR A FEE OF $5,000.00. Page 3 of 5 (6/19/73) MICROFILMED 4 -24 -80 ITEM 9. ORDINANCE 25 -73 - ABATING LITTER, HANDBILLS & JUNK, (1st Reading MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE ABATING LITTER, HANDBILLS AND JUNK; PROVIDING FOR ENFORCE- MENT AND PENALTY; REPEALING.ORDINANCES NO. 64 -203% 65 -20 -A, 64 -22 AND 2 -69; PROVIDING AN EFFECTIVE DATE." MR. RUTKOWSKI MOVED TO APPROVE FIRST READING, MRS. THURM SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND THE ORDINANCE BY ADD- ING A SECTION ON "RUBBLE ". MAYOR MACLAY SECONDED THE MOTION TO AMEND. AMENDMENT CARRIED BY UNANIMOUS VOTE. VOTE ON THE MAIN MOTION WAS UN- ANIMOUS. FIRST READING OF THE ORDINANCE, AS AMENDED, WAS APPROVED. ITEM 10 ORDINANCE 26 -73 - TREE PROTECTION (It Rea i.ng MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE PROHIBITING THE REMOVAL OF TREES WITHOUT A PERMIT; PROVIDING FOR REVIEW OF PERMITS FOR CONSTRUCTION BY THE ZONING AND PLANNING BOA FOR MINIMUM IMPACT ON EXISTING TREES; PROVIDING FOR APPEALS FROM DECIS IONS; PENALTY PROVIDED; PROVIDING FOR AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED TO APPROVE FIRST READING. MRS. THURM MOVED TO TABLE THIS ITEM FOR FURTHER STUDY�w MR. SALVAGGIO SECONDED THE MOTION TO TABLE. IN FAVOR, MRS. THURM, MR. SALVAGGIO, MR. RHAME. OPPOSED MR. RUTKOWSKI AND MAYOR MACLAY. MOTION CARRIED, ITEM WAS TABLED. ITEM 11 MOTION REGARDING GARBAGE* 'CONTAINERS MR. FRANCIS EXPLAINED THE NEED FOR 100 ADDITIONAL CONTAINERS I THE CITY AND THAT HE WAS ASKING COUNCIL TO NOW APPROVE RENTING 25 ADDIT- OVAL CONTAINERS TO OCTOBER 1, WITH THE HOPE THAT PRIOR TO:THE NEW BUDGET, COUNCIL WOULD APPROVE GOING TO A FEE BASIS FOR ALL CONTAINERS IN THE CIT''i:_ MR. SALVAGGIO MOVED THAT THE CITY MANAGER BE AUTHORIZED TO RENT.25 ADD- ITIONAL CONTAINERS UNTIL OCTOBER 1, 1973. MAYOR MACLAY SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. MR. RUTKOWSKI BROUGHT OUT TO COUNCIL THAT THE COUNCILMAN'S AREAS OF INTEREST SHOULD HAVE AUTOMATICALLY BEEN AN ITEM ON THE AGENDA ACCORDING TO THE RULES OF PROCEDURE AND ASKED THE COUNCIL TO CONSIDER THIS ITEM AT THIS TIME AS ITEM 12. CITY ATTORNEY STATED THAT SINCE IT WAS AN AUTOMATIC AGENDA* i ITEM, A MOTION WOULD BE IN ORDER CONCERNING AREAS OF INTEREST. MR. SALVAGGIO MOVED TO TABLE THE ITEM, MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE, AREAS OF INTER- EST ITEM WAS TABLED. MR. RUTKOWSKI MOVED TO ADD AN ITEM 13 TO THE AGENDA. MR. MACLAY SECONDED THE MOTION TO ADD AN ITEM. MR. RUTKOWSKI, MRS. THURM AND MAYOR MACLAY VOTED IN FAVOR. OPPOSED MR. SALVAGGIO, MR. RHAME. MOTION CARRIED. MR. RUTKOWSKI MOVED TO NAME THE ITEM "ORDINANCE 27 -73 REGARD- ING COURT ASSESSMENTS AND REPEALING 4 -69 ". MRS. THURM MOVED TO RECONSIDER THE VOTE TO ADD AN ITEM TO THE AGENDA. MR. RHAME SECONDED THE MOTION Page 4 of 5 (6/19/73) MICROFILMED 4 -24 -80 "'."TO RECONSIDER. MOTION CARRIED UNANIMOUSLY. VOTE WAS CALLED ON THE ORIGINAL MOTION TO ADD AN ITEM TO THE AGENDA. VOTE WAS AS FOLLOWS: IN FAVOR MR. RUTKOWSKI. OPPOSED MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO AND MRS. THURM. MOTION FAILED TO CARRY. ITEM WAS TAKEN FROM THE AGENDA. MR. RUTKOWSKI ANNOUNCED TO COUNCIL THAT HE HAD FINISHED THE ORGANIZATIONAL CHART WHICH IS HANGING IN THE FRONT LOBBY OF CITY HALL. AFTER HAVING SPENT CONSIDERABLE TIME PREPARING IT, HE ASKED THAT THE CITY AND CITY MANAGER KEEP IT CURRENT FOR THE BENEFIT OF ALL eONCERNED. MR. RICHARD THURM WAS RECOGNIZED BY THE MAYOR AND WISHED THE MAYOR THREE YEARS OF CONTINUED HEALTH. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO AND UN- ANIMOUS VOTE, THE MEETING WAS ADJOURNED AT 10:10 P.M. APPROVED THIS 3-h-L DAY 0� 1973. 4 4 Y ERK MAYOR Page 5 of 5 (6/19/73)