HomeMy WebLinkAbout06-07-1977 Regular MeetingMICROFILMED 4.24 -80
REGULAR MEETING
CITY. COUNCIL -
JUNE 7, 1977
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
-OF CAPE CANAVERAL WAS HELD ON JUNE 71 1977 AT CITY HALL,
105 POUR AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR L.C.
NICHOLAS AT 7 :33 P.M.
THE' ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: COUNCILMEN F.M. HOOG,.J.L. MURPHY, MAYOR
% C. NICHOLAS, COUNCILMAN G.J. SALVAGGIO,COUNCILWOMAN ANN H.
THURM CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J.
OSTROM, SGT. AT ARMS JESSE CARVER.
THE.MINUTES OF MAY 17 WERE APPROVED AS READ.
NEW BUSINESS
ITEM 1. ORDINANCE NO. 10 -77 AMENDING ZONING ORDINANCE
NO. 16"75 1ST READING
MAYOR NICHOLAS READ THE TITLE OF THE ORDINANCE
AS FOLLOWS:
AN ORDINANCE AMENDING ORDINANCE NO. 10 -75,
ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL,
FLORIDA; AMENDING SECTION 638.07 BY ALLOWING AUTOMOTIVE
REPAIR ESTABLISHMENTS AND SINGLE FAMILY AND DUPLEXES
AS SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF
ADJUSTMENT IN C -2 ZONING DISTRICTS; AMENDING SECTION
638.09, PROHIBITED USES AND STRUCTURES IN C -2 ZONING
DISTRICT, BY DELETING THE PROHIBITED USE OF AUTOMOTIVE.
REUPHOLSTERY OR PAINTING SERVICES; AMENDING SECTION
639.51 ACCESSORY STRUCTURES, BY PROVIDING AN EXEMPTION
TO THIS SECTION FOR STORAGE (UTILITY) SHEDS OF A
TEMPORARY NATURE WITHOUT PERMANENT FOUNDATIONS;
AMENDING SECTION 645.31, ZONING ORDINANCE INTERPRETATION
AND ENFORCEMENT, BY PROVIDING THAT THE PLANNING AND
ZONING BOARD SHALL HAVE AUTHORITY TO REVIEW INTER-
PRETATIONS OF THE BUILDING OFFICIAL AND PROVIDING THERE
SHALL BE NO CHARGE FOR AN APPEAL OF THE BUILDING
OFFICIAL'S INTERPRETATION OF THE ZONING ORDINANCE;
REPEALING ALL ORDINANCES OR PARTS THEREOF, OR PARTS
OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
MAYOR NICHOLAS MOVED FOR APPROVAL OF FIRST READING.
MR. HOOG SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,
MR..HOOG, MR. MURPHY. MR. NICHOLAS AND MR. SALVAGGIO, OPPOSED,
MRS. THURM. MOTION CARRIED. FIRST READING APPROVED.
MICROFILMED 4 -24 -80
ITEM 2. ORDINANCE NO. 11 -77 RE: FLOOD MAP
MODIFICATIONS AMENDING ORDINANCE NO. 48 -73
ST READING
MR. SCOTT ASKED THAT THIS ITEM BE CONTINUED TO THE
NEXT MEETING. MAYOR NICHOLAS SO MOVED. MR. MURPHY SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
THE NEXT TWO ITEMS WERE PERTAINING TO,THE ELECTION
RESULTS WHICH WERE NOT AVAILABLE AT THIS TIME. MAYOR NICHOLAS
MOVED ON IT ITEM 5.
ITEM 5.' ' CITIZEN'S' COMPLAINT RE: $200'.00' FEE
MR. DOUG DEDERER AND MR. WILLIAM IRVIN, ATTORNEY FOR
FRANKLYN MACLAY, WERE IN ATTENDANCE WITH COMPLAINTS REGARDING
A $200.00 FEE.FOR ZONING REQUESTS WHICH HAD BEEN WAIVED.BY THE
MAYOR. MAYOR NICHOLAS EXPLAINED HIS REASON FOR WAIVING THE
FEE WAS THAT THE CITY (THRU THE BUILDING OFFICIAL) MADE A MISTAKE.
BY GIVING ERRONEOUS INFORMATION TO THE APPLICANTS CAUSING THEM
CONSIDERABLE INCONVENIENCE. MR. SCOTT'S OPINION IS THAT THE
FEE MUST BE PAID BY THE APPLICANT AND THAT THE DECISION WOULD
HOLD INTACT AND BE LEGAL. THERE WAS MUCH DISCUSSION AND IT
WAS DETERMINED THAT MR. DEDERER'S COMPLAINT SHOULD BE FILED WITH
THE BUILDING OFFICIAL. MR. SCOTT WILL GET WITH THE BUILDING
OFFICIAL TO FURTHER CLARIFY THIS 'MATTER:
ITEM 6. RESOLUTION NO. 77 -19 RE: ANTI -- RECESSION
FUND BUDGET
MAYOR NICHOLAS READ THE RESOLUTION ENTITLED:
A RESOLUTION PROVIDING FOR THE EXPENDITURE OF FUNDS
RECEIVED FROM THE ANTI - RECESSION FISCAL AID PROGRAM
UNDER THE PUBLIC WORKS ACT OF 1.976; PROVIDING AN
EFFECTIVE DATE.
MR. SALVAGGIO MOVED FOR ADOPTION. MRS. THURM.
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY - BUDGETING THE
$1,331.00 ANTI- RECESSION MONEY.
ITEM 7. RESOLUTION NO. 77 -20 RE: APPOINTMENT OF
RECREATION BOARD MEMBER
MRS. THURM MOVED THAT THE NAME OF JO NICHOLAS BE
INSERTED IN SECTION 1. MR. SALVAGGIO SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ THE.RESOLUTION IN
FULL ENTITLED:
A RESOLUTION APPOINTING A MEMBER TO THE RECREATION
BOARD; PROVIDING AN EFFECTIVE DATE.
COUNCIL MINUTES
6 -7 -77
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1
MICR OFILMED 4.24 -80
BY MOTION OF MRS. THURM, SECONDED BY MR. HOOG AND
UNANIMOUS VOTE, RESOLUTION 77 -20 WAS ADOPTED.
ITEM S. MOTION RE: CITY COUNCIL'S ACCEPTANCE OF
0 GRANT
MAYOR NICHOLAS READ A LETTER FROM THE STATE OF FLORIDA
JEPARTMENT OF COMMUNITY AFFAIRS REGARDING THE 701 GRANT WHICH
$EQUESTED THE CITY'S WRITTEN CONFIRMATION OF THEIR INTENT TO
myrCEPT THE 701 GRANT. BY MOTION OF MAYOR NICHOLAS., SECONDED
MRS. THURM AND UNANIMOUS VOTE, THE CITY ACCEPTED THE PROPOSED
701-GRANT. MAYOR.NICHOLAS, MRS. OSTROM, MRS. VERN BOYD AND
MR. MICHAEL BRADY WILL ATTEND A MEETING IN ORLANDO ON JUNE 16
ALONG WITH MR, AL BOUGHEY FROM THE ENGINEERING FIRM OF BRILEY,
WILD REGARDING THE 701 FUNDS.
ITEM 9. ANIMAL CONTROL EQUIPMENT
MR. HOOG MOVED THAT THE CITY COUNCIL AUTHORIZE THE
PURCHASE OF A TRANQUILIZER GUN, AMMUNITION AND TWO TRAPS TOTAL.
NOT TO EXCEED _$250..00. . MRS. THURM SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
A RECESS WAS CALLED AT 8:25 P.M. TO AWAIT THE ARRIVAL
OF'THE_ELECTION CLERK.
-MEETING RECONVENED AT 9:20 P.M.
ITEM 3. TABULATION.AND CERTIFICATION OF ABSENTEE VOTES
MRS.. SCABAROZI, CLERK OF THE ELECTION,BOARD, REPORTED
TO COUNCIL 697 VOTES CAST, 3 VOIDED, LEAVING 694 VALID BALLOTS.
RESULTS OF THE VOTING AT THE POLLS WAS AS FOLLOWS
LAVERNE C. BOYD 455
DOUGLAS DEDERER 182
FRANK M. HOOG 173
FRANKLYN P. MACLAY 161
MARILYN A. RIGERMAN 333
REFERENDUM QUESTION
FOR 272
AGAINST 367
COUNCIL THEN CANVASSED = 41 ABSENTEE BALLOTS. RESULTS
OF THE ABSENTEE BALLOTS WERE AS FOLLOWS:
LAVERNE C. BOYD 26
DOUGLAS DEDERER 7
FRANK M. HOOG 10
FRANKLYN P. MACLAY 19
MARILYN A. RIGERMAN 11
REFERENDUM QUESTION COUNCIL MINUTES
FOR 25 6 -7 -77
AGAINST 16 PAGE 3 OF 4
MICROFILMED 4.24 -80
TOTAL VOTES
LAVERNE C. BOYD 481
DOUGLAS DEDERER 189
FRANK M. HOOG 183
FRANKLYN P. MACLAY 180
f MARILYN A. RIGERMAN 344
REFERENDUM QUESTION
FOR 29?
AGAINST 38.3
e.
ITEM 4. RESOLUTION NO. 77 -18 RE: CERTIFYING
ELECTION RESULTS
MAYOR NICHOLAS READ THE RESOLUTION ENTITLED:
r
A RESOLUTION CERTIFYING THE RESULTS OF THE
GENERAL ELECTION AND REFERENDUM QUESTION OF
JUNE 7, 1977. Lwk-a
BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM
AND UNANIMOUS VOTE, THE RESOLUTION WAS ADOPTED CERTIFYING THE
NEW COUNCIL MEMBERS TO BE MRS. BOYD AND MRS. RIGERMAN. THE
REFERENDUM QUESTION FAILED.
MAYOR NICHOLAS THANKED THE ELECTION BOARD FOR THEIR.
USUAL EXCELLENT WORK.
BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM,
MEETING ADJOURNED AT 9:45 P.M.
CITY CLE
APPROVED THIS 21 DAY OF 'JUNE' , 1977.
MAYOR
.COUNCIL MINUTES
6 -7 -77
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