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Home My WebLink About06-21-1977 Regular Meeting.t I REGULAR MEET= c1TY COUNCIL JUNE 21, 1977 MICROFILMED 4.24.80 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JUNE 21, 1977 AT CITY-HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR L,C. NICHOLAS AT 7:33 P.M. REVEREND EDWIN WILSON GAVE THE INVOCATION. THE ROLL WAS. CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: COUNCILMEN F.M. HOOG, J.L. MURPHY, MAYOR L.C. NICHOLAS, COUNCILMAN G.J. SALVAGGIO, COUNCILWOMAN ANN H. THURM, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS NORMAN KLEIN. THE MINUTES OF JUNE 7, 1977 WERE APPROVED AS READ. THE TREASURER'S REPORT FOR MAY WAS SUBMITTED FOR AUDIT. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 10 -77 RE: X ENDING ZONING REGULATIONS ORDINANCE Nei. 10M (2 ND READING) MAYOR NICHOLAS READ THE ORDINANCE IN FULL ENTITLED: 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 ADOPTION. MR. MURPHY SECONDED MOTION. MRS. THURM MOVED TO AMEND BY DELETING FROM THE TITLE LINE 13 THRU 18 AND TO DELETE THE ENTIRE PARAGRAPH "D" UNDER SECTION 1• ON PAGE 2. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. MAYOR NICHOLAS MOVED TO FURTHER AMEND IN PARAGRAPH "C" MICROFILMED 4 -24 -80 � SECTION 11 BY ADDING THE WORDS, 1BPROVIDED THEY ARE IN REAR YARDS ONLY. ".MRS. THURM SECONDED AMENDMENT. AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION, AS AMENDED, WAS UNANIMOUS. ORDINANCE ADOPTED. ITEM 2, ORDINANCE NO. 11 -77 RE: .FLOOD -MAP MODIFICATIONS AMENDING ORDINANCE N0.:48-73 (1ST READING MAYOR NICHOLAS READ THE TITLE OF.THE ORDINANCE AS FOLLOWS AN ORDINANCE AMENDING ORDINANCE NO. 48 -73 PERTAINING TO.THE FLOOD INSURANCE PROGRAM FOR CAPE CANAVERAL, FLORIDA, BY REVISING THE FLOOD HAZARD BOUNDARY MAP AND FLOOD INSURANCE RATE MAPS ATTACHED TO SAID ORDINANCE; BY REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR NICHOLAS MOVED FOR APPROVAL OF FIRST READING. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, MAYOR NICHOLAS PRESENTED PLAQUES TO THE OUTGOING COUNCIL MEMBERS, MR. HOOG AND MR. SALVAGGIO, IN APPRECIA- TION OF THEIR YEARS OF SERVICE WITH THE CITY. NEW BUSINESS ITEM 1. OATHS OF NEW COUNCIL MEMBERS - - REVEREND WILSON GAVE AN OATH OF OFFICE TO MRS, BOYD AND CITY CLERK MRS. OSTROM READ THE OATH OF OFFICE TO MRS. RIGERMAN. AT THIS, TIME, THE NEW COUNCIL MEMBERS TOOK THEIR SEATS. ITEM 2. RESOLUTION NO. 77 -21 ELECTING MAYOR PRO TEM MRS. THURM MOVED MR. MURPHY'S NAME BE PLACED IN NOMINATION FOR MAYOR PRO TEM. MAYOR NICHOLAS-PLACED THE NAME OF MRS. THURM IN NOMINATION. BY MOTION OF MRS. THURM, SECONDED BY MRS. RIGERMAN, NOMINATIONS WERE CLOSED. COUNCIL MEMBERS WERE POLLED ON THEIR CHOICE FOR MAYOR PRO TEM AS FOLLOWS: MRS. BOYD - MR. MURPHY MR. MURPHY - MRS. THURM MAYOR NICHOLAS - MRS. THURM MRS. RIGERMAN - MRS. THURM MRS. THURM - MR. MURPHY MRS. BOYD MOVED THAT THE RECORD DHOW THE VOTE TO BE UNANIMOUSLY IN FAVOR OF MRS. THURM. MR. MURPHY SECONDED MOTION MOTION PASSED UNANIMOUSLY. MAYOR NICHOLAS READ THE RESOLUTION IN FULL ENTITLED: COUNCIL MINUTES 6 -21 -77 PAGE 2 OF 5 : MICROFILMED 4 -24 -80 A RESOLUTION ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MAYOR NICHOLAS MOVED FOR ADOPTION OF THE RESOLUTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. RESOLU- TION NO. 77--21 PASSED NAMING MRS. ANN H. THURM AS MAYOR PRO TEM. IMN 3. RESOLUTION-NO. 77 -22 COUNCIL AREAS OF 'INTEREST AREAS OF INTEREST WITHIN THE ORDINANCE WERE ADJUSTED BETWEEN SECTIONS AND SOME DISCUSSION FOLLOWED AS TO EACH COUNCIL MEMBERS CHOICE OF AREA OF INTEREST. MAYOR NICHOLAS MOVED THAT MRS. THURM'S NAME BE INSERTED IN SECTION 5. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. THURM MOVED THAT THE. NAME OF MAYOR NICHOLAS BE INSERTED IN SECTION 4. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. BOYD MOVED THAT rM. NAME OF MR. MURPHY BE INSERTED IN SECTION 3. MR. MURPHY SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MRS. BOYD AND MR. MURPHY, OPPOSED, MAYOR NICHOLAS, MRS. RIGERMAN AND MRS. THURM. MOTION FAILED. MAYOR NICHOLAS MOVED THAT THE NAME OF MRS. BOYD BE INSERTED IN SECTION.2. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANI- MOUSLY. MAYOR NICHOLAS MOVED THE NAME OF MRS. RIGERMAN BE PLACED IN SECTION 3. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR NICHOLAS, MRS. RIGERMAN AND MRS. THURM, OPPOSED MILS. BOYD AND MR. MURPHY. MOTION CARRIED. MRS. BOYD MOVED THAT THE POLICE DEPARTMENT BE MOVED TO SECTION 1 AND THE GARBAGE BE MOVED TO SECTION 3. THIS MOTION FAILED FOR LACK OF A SECOND. MAYOR NICHOLAS MOVED THAT MR. MURPHY'S NAME BE INSERTED IN SECTION 1. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ THE RESOLUTION INSERTING THE COUNCIL MEMBER'S NAMES AS VOTED. THE RESOLUTION WAS ENTITLED: A RESOLUTION DESIGNATING AREAS OF PRIMARY INTEREST OF INDIVIDUAL COUNCIL - MEN; PROVIDING AN EFFECTIVE DATE. MRS.THURM MOVED FOR ADOPTION. MRS, RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTION NO. 77 -23 APPOINTMENT'OF'PLANNING AND ZONING BOARD MEMBERS AND ALTERNATE MAYOR NICHOLAS READ THE RESOLUTION INSERTING THE NAMES OF MR. RICKMAN AND MR. SCOGNA.AS REGULAR MEMBERS AND THE NAME OF MR. JOHN MULLANEY AS ALTERNATE MEMBER. THE TITLE OF THE RESOLUTION WAS.AS FOLLOWS: COUNCIL MINUTES 6 -21 -77 PAGE 3 OF 5 MICROFILMED 4 -24 -80 A RESOLUTION APPOINTING TWO MEMBERS AND ONE ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD;.PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY NAMING. MR. JAMES RICKMAN AND MR. SAM SCOGNA.AS REGULAR MEMBERS AND MR. JOHN MULLANEY AS ALTERNATE MEMBER. ITEM 5. ORDINANCE NO. 12 -77 RE: ADOPTION OF MECHANICAL CODE .1ST READING MAYOR NICHOLAS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ADOPTING THE STANDARD MECHANICAL CODE FOR THE PURPOSE OF ESTABLISHING RULES AND REGULATIONS FOR ALL INSTALLATIONS OF MECHANICAL SYSTEMS AS DEFINED IN SAID CODE, THAT ARE CON - DUCTED.WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA REPEALING ALL PORTIONS OF THE CODE IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR NICHOLAS` SECONDED BY MRS. THURM AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. ITEM 6. 'MOTION TO APPOINT BUDGET COMMITTEE MAYOR NICHOLAS EXPLAINED THAT THE CHARTER CALLED FOR A BUDGET COMMITTEE TO BE APPOINTED. MAYOR.NICHOLAS MOVED THAT THE CITY COUNCIL; CITY CLERK - TREASURER AND MR. MARVIN BRADSHAW BE NAMED AS A BUDGET COMMITTEE. MR. MURPHY SECONDED MOTION. THE VOTE WAS UNANIMOUS BY THOSE MEMBERS PRESENT. MRS. THURM WAS TEMPOR- ARILY OUT OF THE COUNCIL ROOM. MOTION CARRIED. ITEM 7.* COUNCIL AUTHORIZATION RE:. $50.00 FOR ANIN CONTROL EQUIPMENT MAYOR NICHOLAS MOVED THAT AN ADDITIONAL $50.00 BE ALLOCATED TO COVER ADDITIONAL ANIMAL CONTROL EQUIPMENT. MR. MURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. BOYD MOVED FOR AN ADD -ON ITEM TO APPOINT A CITY RESRESENTATIVE TO B.A.T.S. COMMITTEE. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS MOVED THAT MRS. BOYD BE APPOINTED TO B.A.T.S. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIM- OUSLY. DISCUSSION ITEMS MAYOR NICHOLAS READ A LETTER FROM MR. SKINNER THANKING= THE CITY'S,POLICE AND FIRE DEPARTMENTS FOR THEIR ACTIONS DURING HIS RECENT FIRE AND NOTED THAT A $100.00 DONATION WAS MADE BY COUNCIL MINUTES 6 -21 -77 PAGE 4 OF 5 e MICROFILMED 4 -24 -80 MR. SKINNER TO EACH DEPARTMENT. MAYOR NICHOLAS THANKED THE POLICE AND FIRE DEPARTMENT.AND MR. SKINNER. MRS. THURM NOTIFIED COUNCIL THAT SHE WOULD BE ON VACATION AND ASKED THAT THE MAYOR OR THE CITY CLERK ATTEND. THE PORT AUTHORITY MEETING ON WEDNESDAY, THE 22ND AND ASKED MRS. BOYD TO COVER THE JUNE 24 MEETING OF THE 201 -208 WATER RESOURCES GROUP. MRS. BOYD AGREED TO DO SO. BY MOTION OF MRS. THURM, SECONDED BY MAYOR NICHOLAS] MEETING ADJOURNED AT 9:18 P.M. APPROVED THIS 6 DAY OF Y 1977. MAYOR ION.,� . COUNCIL.MINUTES 6,2177 PAGE-5 OF 5 e