HomeMy WebLinkAbout06-06-1978 Regular Meeting1
MICROFILMED 4 -24 -80
REGULAR MEETING
CITY COUNCIL
JUNE 6, 1978
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL WAS HELD ON JUNE 6, 1978 AT CITY HALL, 105
POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM
AT 7:31 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C. BOYD, J.L. MURPHY,
M.A. RIGERMAN AND C.K. WELTON; CITY MANAGER ANITA J. OSTROM, CITY
ATTORNEY RICHARD F. SCOTT, CITY CLERK PATRICIA J. BEAULIEU AND
SGT. AT ARMS PHYLLIS NELSON.
THE MINUTES OF THE REGULAR MEETING OF MAY 16 WERE APPROVED
AS READ.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 8 -78 AMENDING ZONING' ORDINANCE
SECTIONS'
I NSION REGULATIONS' TIONS' 'IN = ' AND M- READING)
MAYOR THURM READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE AMENDING CHAPTER 630 OF THE CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
REDUCING THE MINIMUM LOT AREA, MINIMUM LOT
WIDTH AND MINIMUM LOT DEPTH IN THE M -2 ZONING
DISTRICT; BY ELIMINATING THE REQUIREMENT FOR-
A LIMITATION ON THE GROSS FLOOR AREA IN THE
M -3 ZONING DISTRICT; REPEALING ALL PARTS OF
THE CITY CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
MRS. BOYD MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 1. ORDINANCE NO. 10 -78 AMENDING ZONING ORDINANCE
SECTION B RE: TIGC "I'E. '0
SUCH ES BL S S READING)
MAYOR THURM READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 630, ZONING
REGULATIONS OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY AMENDING SECTION 641.01B BY
EXEMPTING CHARTERED OR INCORPORATED CLUBS
AS DEFINED BY THE FLORIDA STATUTES OR
VETERANS OR FRATERNAL ORGANIZATIONS FROM THE
REQUIREMENTS THAT ESTABLISHMENTS POSSESSING
VENDER LICENCES FOR THE ON- PREMISES CONSUMPTION
OF ALCOHOLIC BEVERAGES NOT BE LOCATED WITHIN
2,000 FEET OF ANOTHER SUCH ESTABLISHMENT; RE-
PEALING ALL PARTS OF THE CITY CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
MICROFILMED 4 -24.80
MRS. BOYD MOVED TO APPROVE FIRST READING. MRS. RIGERMAN
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. ACCEPTANCE OF RESIGNATIONS FROM TWO BOARD OF
J S NT MEMBERS S L N NO. -
OINTI MEMBERS' TO THE B'
OF-
ADJUSTMENT
MRS. BOYD MOVED COUNCIL ACCEPT WITH REGRET THE RESIGNATIONS
OF RICHARD THURM AND MICHAEL BRADY FROM THE BOARD OF ADJUSTMENT.
MRS. RIGERMAN SECONDED MOTION. MOTION PASSED UNANIMOUSLY.
MAYOR THURM READ LETTERS FROM PROSPECTIVE BOARD OF ADJUST-
MENT MEMBERS, JAMES RICKMAN, GEORGE WOLEVER AND JOAN CALVERT.
MRS. RIGERMAN MOVED THAT THE NAME OF MR. WOLEVER BE PLACED
IN SECTION 1, FOR A TERM TO EXPIRE ON OCTOBER 19, 1979, THE
NAME OF MR. RICKMAN IN SECTION 2, FOR A TERM TO EXPIRE ON
OCTOBER 1, 1978 AND THE NAME OF MRS. CALVERT IN SECTION 3, AS
ALTERNATE MEMBER, FOR A TERM TO EXPIRE ON OCTOBER 19, 1979.
MR. WELTON SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR THURM READ THE RESOLUTION IN FULL PLACING THE NAMES
IN THE APPROPRIATE SECTIONS.
TITLE OF THE RESOLUTION WAS AS FOLLOWS:
A RESOLUTION APPOINTING MEMBERS TO THE BOARD
OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
MRS. RIGERMAN MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 3. RESOLUTION NO. 78 -26 LIBRARY LEASE
MAYOR THURM READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA, TO ENTER INTO A LEASE CONTRACT WITH CANAVERAL
BEACH GARDEN APARTMENT, INC. FOR THE LEASE OF SPACE
FOR THE CAPE CANAVERAL PUBLIC LIBRARY; PROVIDING AN
EFFECTIVE DATE.
MR. MURPHY MOVED FOR ADOPTION OF RESOLUTION NO. 78 -26.
MRS. RIGERMAN SECONDED MOTION. AFTER SOME DISCUSSION, MR. MURPHY
MOVED RESOLUTION NO. 78 -26 BE POSTPONED AND A SPECIAL MEETING BE
SET UP FOR TUESDAY, JUNE 13, AT 7:30 P.M. TO CONSIDER THIS ITEM.
MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 4. MOTION RE: COUNCIL AUTHORIZATION FOR FIREMEN TO
ATTEND TE I
MRS. BOYD MOVED THAT SIX FIREMEN BE SENT TO THE HAZARDOUS
MATERIALS INCIDENT PREVENTION AND CONTROL SEMINAR IN MELBOURNE AT
A COST NOT TO EXCEED $175.00 TO BE TAKEN FROM CONTINGENCY FUND.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL
6 -78
IIAICROFILMED 4 -24.80
ITEM 5. MOTION RE': ' AUTHORIZATION FOR 'STREET' VEMING F(
MRS. VERONICA WESTERVELT WAS IN ATTENDANCE AND EXPLAINED TO
COUNCIL THAT SHE INTENDED TO OPERATE A VEHICLE SELLING SANDWICHES,
COFFEE, SODA, ETC. IN THE CITY. MRS. RIGERMAN MOVED TO APPROVE
THE OCCUPATIONAL LICENSE PERMITTING THE APPLICANT TO OPERATE A
FOOD VENDING VEHICLE IN THE CITY. MR. MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 6. MOTION RE: COUNCIL AUTHORIZATION OF ADDITIONAL
TI TO-VOLUNTEER RE NT
MRS. RIGERMAN MOVED COUNCIL AUTHORIZE AN ADDITIONAL $200.00
DONATION TO THE VOLUNTEER FIRE DEPARTMENT, DONATION TO COME FROM
THE CONTINGENCY FUND. MAYOR THURM SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 7. MOTION RE: COUNCIL AUTHORIZATION TO PURCHASE
TRASH PUMP FOR SEWER U NT
MAYOR THURM EXPLAINED THAT THIS WAS ONE OF THE ITEMS THAT
THE CITY HAD PLACED OUT FOR BID. THIS TRASH PUMP WOULD BE USED IN
A BY —PASS SITUATION IN CASE OF A POWER LOSS IN ONE OF THE SEWER
COLLECTION SYSTEMS. THE ONLY BID RECEIVED ON THIS TYPE OF PUMP
WAS FROM YOU— RENT —IT AND WAS PRICED AT $1,255.00. MAYOR THURM a
MOVED TO AUTHORIZE THE PURCHASE OF ONE 9 H.P. TRASH PUMP FOR A
PRICE OF $1,255.00 FROM YOU— RENT —IT. MRS. BOYD SECONDED. MOTION
CARRIED UNANIMOUSLY.
ITEM 8. MOTION RE: APPOINTMENT OF CANVASSING'BOARD FOR
THE PURPOSE OF CANVAS'SIN ABSENTEE 'BALLOTS
AT THE PREVIOUS WORKSHOP, COUNCIL HAD DIRECTED THE CITY CLERK
TO CHOSE A CANVASSING BOARD COMPRISED OF TWO CAPE CANAVERAL ELECTORS
AND HERSELF TO ACT AS THE CANVASSING BOARD FOR THE ABSENTEE BALLOTS.
THIS ACTION WAS IN COMPLIANCE WITH THE OPINION OF THE CITY ATTORNEY
AS STATED IN HIS LETTER OF MAY 31, 1978. SUBJECT LETTER IS ATTACHED
TO THESE MINUTES. THE CLERK SUGGESTED MRS. BARBARA DEVEAU AND MR.
RAYMOND JAMIESON AS TWO CANVASSING BOARD MEMBERS. MAYOR THURM MOVED
TO APPOINT THE CITY CLERK, MRS. DEVEAU AND MR. RAYMOND JAMIESON AS
THE CANVASSING BOARD. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 9. CANVASS OF ABSENTEE BALLOTS
THE CLERK EXPLAINED THAT THERE HAD BEEN 43 ABSENTEE BALLOTS.
OUT OF THIS TOTAL 7 HAD NOT BEEN RETURNED AS OF 7:00 P.M. AT THE
CLOSING OF THE POLLS, AND 1 BALLOT HAD BEEN VOIDED, LEAVING 35
BALLOTS TO CANVASS.
.4 97A
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y
MICROFILMED 4 -24 -80
THE: CANVASSING# ..8 _ MaEDU WTTR THE, CMVASS OF
ABSENTEE BALLOTS. THE FOLLOWING VOTES RESULTED:
FOR MAYOR
ANN H. THURM 24
JEFF WHITE 11
COUNCIL MEMBERS
THURSTON (WES) KIRBY 7
PATRICK T. LEE 20
JOHNSON L. MURPHY 27
DAVE NEWSON 9
MRS. SCABAROZI, ELECTION CLERK, ARRIVED FROM THE POLLS WITH
THE VOTING RESULTS.
ITEM 10. RESOLUTION NO' . * 7 8-27 RE : — CERTIFICATION OF ELECTION
RESULTS
MAYOR THURM READ THE RESOLUTION IN FULL INSERTING THE RESULTS
FROM THE VOTING AT THE POLLS AND THE RESULTS FROM THE ABSENTEE VOTES
IN THE RESOLUTION. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS:
A.RESOLUTION CERTIFYING THE RESULTS OF THE
GENERAL ELECTION OF JUNE 6, 1978.
MRS. RIGERMAN MOVED FOR ADOPTION OF RESOLUTION. MAYOR THURM
f
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. MURPHY MOVED TO ADJOURN AT 9:42 P.M. MRS. BOYD SECONDED
MOTION. MEETING ADJOURNED.
APPROVED THIS 20 DAY OF June 1978.
1
CITY COUNCIL
PACE 4. OF 4 AM AT=H M
7v `73
LAW OFFICES OF
MICROFILM 4.24 -80
WOLFE, KIRSCHE"AUNI, CARUSO & MOSLEY, P A.
66 NORTH ATLANTIC AVENUE 255 FORTENBERRY AVENUE
POST OFFICE BOX 7S7 POST OFFICE BOX 1271
COCOA BEACH, FLOMDA 82981 NERRM ISLAND. FLOWDA 82932
(305) 783 -2218 (30S) 783-2218
FRANK M. WOLFE
MALCOLM R.KIRSCHENBAUM
IN REPLY ADDRESS FIRM AT
JOE TEAGUE CARUSO
CURTIS R.MOSLEY
RICHARD F. SCOTT
Cocoa Beach
JAMES S.THERIAC,111
JOHN J. KABBOORD,JR.
May 31, 1978
Mrs. Patricia Beaulieu
City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Florida Election Code As Amended
Dear Pat:
This is in response to your request for my opinion regarding the applicability
of Section 102.141, Florida Statutes, to the municipal election to be held on
June 6, 1978.
As you are aware, the City has by ordinance adopted the State Election Code
as the Election Code for the City of Cape Canaveral, Florida, as well as any
future amendments to the Code. During the 1977 legislative session, the
Election Code was amended by Chapter 77 -175 with said amendments being
effective on January 1, 1978. A recent ruling by the State Division of Elections
which you recently brought to my attention requires certain action as outlined
in this letter.
Section 102.141 as amended pertains to the Canvassing Board. By Charter we
have named the City Council as. the Canvassing Board. The section as amended
now prohibits any candidate with opposition in the election being canvassed, or
any person who was an active participant in the campaign or candidacy of any
candidate with opposition in the election being canvassed, from serving on the
Canvassing Board. In the upcoming City election, Mayor Ann Thurm and
Councilman John Murphy are both candidates with opposition in the election,
and, apparently, other members of the Council have been active participants
in the election on behalf of candidates with opposition.
(continued)
« 1 -
Paget
May 31, 1978
Mrs. Patricia Beaulieu
r
0
MICROFILMED 4 -24 -80
Therefore, it is my opinion that Section 102.141 does apply to the City and
is part of the City's election code. It is further my opinion that since there
is insufficient time to amend the City election code, and since the facilities
are not at hand to determine which of the Council members have actually
participated in the election, the City Council by motion at its meeting on
June 6, 1978, should appoint a special Canvassing Board. This Board may
be composed of electors in the City, which may include the City Clerk, the
Clerk of the Election Board, or any of the Inspectors appointed to the
Election Board, or any other citizen at large who is an elector in the City
who has not been an active participant or candidate in the upcoming election.
It is suggested that this Board be composed of three members as is provided
for in the cited statute.
It will be necessary that we thoroughly review and analyze the State Election
Code as amended last year, so that we may prepare an ordinance for the
City Council which will be necessary to update the City Election Code. Please
let me know when it would be convenient to discuss this with you.
Yours very truly,
ichard F. Scott
City Attorney
S/t
LAW OFFICES
OF
WOLFS, R113RSCHENBAUM, CA1,tgJgO 84 l OsLEY, P! A.
RESOLUTION NO. 78 -27 MICROFILMED 4 -24 -80
A RESOLUTION C RTIFY12U THE RESULTS OF THE
(U1.ZP1 ELECTION OF JUNE 6, 1978
SECTION 2. This resolution shall take effect immediately upon its
adoption.
ADOPTED BY THE CITY Cxwm of the City of Cape Canaveral, Florida,
in regular meeting on this 6 day of June, 1978.
AT
7'
r
ty Clerk
I
T .
NAME
RIGERMAN I X
NO
� J
BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. The City Comcil accepts with approval the Certification
of the election returns as reported by the Election Board
for the General
Election of Jame 6, 1978 and certifies as proper 35
absentee
ballots opened and canvassed in public meeting by duly appointed canvassing
board.
The total vote was as follows:
BALLATS FROK ABSENTEE
TOT&
MAYOR
Am H. Th= 537 24
561
Jeff White 247 11
258
BALI -M FRCM ABSENTEE
TOTAL
COUNCIL N DMERS pa= MU
7
Thawston. (Wes) Kirby 179 7
186
Patrick T. Lee 599 20
619
Johnson L. Murphy, Jr. 369 27
396
Dave Newson 257 9
266
SECTION 2. This resolution shall take effect immediately upon its
adoption.
ADOPTED BY THE CITY Cxwm of the City of Cape Canaveral, Florida,
in regular meeting on this 6 day of June, 1978.
AT
7'
r
ty Clerk
I
T .
NAME
RIGERMAN I X
NO
� J