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Home My WebLink About12-18-1973 Regular Meeting• b MICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL DECEMBER 18, 1973 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE.CANAVERAL WAS'HELD ON DECEMBER 18, 1973, AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. MACLAY. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR MACLAY, COUNCILMAN E. H. RHAME, 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. MAYOR MACLAY ANNOUNCED THAT HE HAD BEEN IN TALLAHASSEE. TO A MEETING ON THE EROSION CONTROL PROJECT. HE ANNOUNCED THAT THE EROSION CONTROL LINE HAD BEEN SET AND THAT ALL PERMITS HAD BEEN ISSUED. THE NEXT STEP WAS TO ACQUIRE THE NECESSARY EASEMENTS IN ORDER FOR THE PROJECT TO PROCEED.. MITTED. THE MINUTES OF DECEMBER 4, 1973 WERE APPROVED AS SUB- THE TREASURER'S REPORT FOR NOVEMBER 1973 WAS APPROVED AS SUBMITTED. OLD BUSINESS ITEM 1. ORDINANCE 49 -73 AMENDING SIGN ORDINANCE D READING D PUBLIC HEARING MR. WOLFMAN READ THE ORDINANCE IN ITS ENTIRETY ENTITLED AS FOLLOWS: AN ORDINANCE AMENDING THE SIGN ORDINANCE OF MARCH 30, 1965, AS AMENDED BY RESCINDING ORDINANCE NO. 23 -73, WHICH ORDINANCE IS ENTITLED "AN ORDINANCE AMENDING THE SIGN ORDINANCE.BY CLARIFY- ING 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 DATE. "; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED TO APPROVE THE ORDINANCE. MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: OPPOSED, MAYOR MACLAY, IN FAVOR MR. RHAME, MR. SALVAGGIO, :SRS. THURM. MINUTES 12/18/73 PAGE 1 OF 5 MICROFILMED 4 -24.80 ; MOTION CARRIED. ORDINANCE ADOPTED. ITEM 2. '0'RDINANCE' -51=73- AMENDING TREE O'RD'INANCE READING-& READING-& PUBLIC A I MR. WOLFMAN READ THE ORDINANCE ENTITLED AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE N0. 26 -73 ENTITLED "AN ORDINANCE PROHIBITING THE REMOVAL OF TREES WITHOUT A PERMIT; PROVIDING FOR REVIEW OF PERMITS FOR CONSTRUCTION BY THE BEAUTIFI- CATION BOARD FOR A MINIMUM IMPACT ON EXISTING TREES; PROVIDING FOR APPEALS FROM DECISIONS: PENALTY PROVIDED PROVIDING FOR AN EFFEC- TIVE DATE." BY DELETING CERTAIN EXCEPTIONS FOR OWNER OCCUPIED SINGLE - FAMILY AND TWO - FAMILY DWELLING UNITS; CHANGING THE PERMIT PROCEDURE SO THAT THE BUILDING OFFICIAL SHALL HAVE SOLE DISCRETION IN ISSUING A TREE REMOVAL PERMIT BY ESTABLISHING CERTAIN CRITERIA TO BE CONSIDERED BY THE BUILDING OFFICIAL REGARDING SUCH A PERMIT: BY PROVIDING FOR A MAXIMUM PERMIT FEE; DELETING PROVISION FOR REVIEW BY BEAUTIFICATION BOARD IN THE EVENT OF NEW CONSTRUCTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. :MRS. THURM SECONDED THE MOTION. MR RHAME MOVED TO AMEND ON PAGE 3 BETWEEN SECTION 3E AND SECTION 3F, BY ADDING THE FOLLOWING WORDS, "THE FOLLOWING SUB- SECTION "F" SHALL BE ADDED." MRS. THURM SECONDED THE AMENDMENT. THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS UNANIMOUS. ORDINANCE AS AMENDED WAS ADOPTED. ITEM 3. ORDINANCE 52 -73 AMENDING NOISE` ORDINANCE ZND READING $ PUBLIC HEARING) MR. WOLFMAN READ THE ENTIRE ORDINANCE ENTITLED AS FOLLOWS: AN ORDINANCE RESCINDING ORDINANCE NO. 20 -73, WHICH ORDIN- ANCE IS ENTITLED "AN ORDINANCE DECLARING POLICY TO ABATE NOISE; ES- TABLISHING GEOGRAPHICALLY RELATED NOISE STANDARDS; ESTABLISHING TRANSPORTATION AND RECREATIONAL VEHICLE SOURCE NOISE STANDARDS; ESTABLISHING SPECIAL SERVICE NOISE STANDARDS; ESTABLISHING MISCELLA- NEOUS DEVICE NOISE STANDARDS ESTABLISHING PERSONAL SAFETY NOISE STANDARDS; PROVIDING FOR VARIANCES; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINANCE NO. 21 -72; PROVIDING AN EFFECTIVE DATE "; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED TO ADOPT THE ORDINANCE. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: OPPOSED, MAYOR MACLAY, IN FAVOR, MR. RHAME, MR. SALVAGGIO, AND MRS. THURM. MOTION CARRIED. ORDINANCE ADOPTED. 14EW BUSINESS ITEM 1. MOTION RE: ROORING BIDS. i1R. FRANCIS REVIEWED THE BIDS FOR COUNCIL, NOTING THAT BOTH BIDDERS HAD INCREASED THEIR PRICE SINCE THE BIDS WERE SUB- MITTED. : -R. FRANCIS RECOMMENDED THAT COUNCIL ACCEPT THE BID OF MINUTES 12/18/73 PAGE 2 OF 5 MICROFILMED 4 -24 -80 BRUNET OF ROCKLEDGE DUE TO BETTER QUALITY OF MATERIALS INCLUDED IN THE BID AND A GUARANTEE. MR. FRANCIS FURTHER STATED THAT THE COMPANY TO WHOM COUNCIL HAD PREVIOUSLY AWARDED THE ROOFING, DIXON COMPANY, HAD SINCE GONE OUT OF BUSINESS.. MR. SALVAGGIO MOVED TO RESCIND THE ACCEPTANCE OF DIXON'S BID. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. SALVAGGIO MOVED TO AWARD THE ROOFING BID TO BRUNET OF ROCKLEDGE IN THE AMOUNT OF $2,751.75. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2 MOTION RE: SPRINKLER BIDS MR. FRANCIS REVIEWED THE BACKGROUND DATA THAT HE HAD ACCUMULATED ON THE VARIOUS BIDDERS. MERROW COMPANY, H & R, SOUTHERN, AND DAVID ALSDORF. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL THE BID WAS AWARDED TO H & R COMPANY IN THE AMOUNT OF $31207:00. ITEM 3 RESOLUTION 73 -60 REPEALING RESOLUTION 73 -44 ABOLISHING 0 R MAYOR MACLAY READ THE RESOLUTION ENTITLED AS FOLLOWS: A RESOLUTION RESCINDING RESOLUTION NO. 73- 44,.ENTITLED "A RESOLUTION CERTIFYING THE INTENT OF THE CITY OF CAPE CANAVERAL TO ABOLISH ITS MUNICIPAL COURT; PROVIDING AN EFFECTIVE DATE. "; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION OF THE RESOLUTION. MR. RHAME SECONDED THE MOTION. DISCUSSION FOLLOWED ON THE REASONS FOR SUCH ACTION AT THIS TIME. CHIEF WINNETT SPOKE TO COUNCIL REGARDING THE FEASIBILITY OF THE BEACH CITIES NEEDING A COURT IN THE BEACH AREA. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE OF COUNCIL, THIS ITEM WAS TABLED. ITEM 4. MOTION RE: BONUSES AND BOARD MEMBERS' DINNER. MR. FRANCIS STATED THAT HE HAD CONTACTED GEORGE'S RES- TAURANT AND 7 SEAS, REGARDING PRICES FOR A BOARD MEMBER DINNER. GEORGE'S COULD OFFER A BUFFET AT $5 PER PERSON, 7 SEAS WOULD OFFER DINNERS FROM THE MENU. MR. RHAME MOVED THAT THE CITY GIVE A DINNER FOR THE BOARD MEMBERS AND.THEIR SPOUSES ON THE SECOND FRIDAY IN JANUARY. TIME TO BE ANNOUNCED LATER. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MR. SALVAGGIO MOVED THAT THE CITY GIVE EMPLOYEES'BONUSES MINUTES 12/18/73 PAGE 3 OF 5 MICROFILMED 4 -24 -80 ON THE SAME BASIS AS LAST_YEAR, $10.00 PER YEAR OF SERVICE. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. ' RESOLUTION '73'.—'6l* TO SET FIRST JANUARY MEETING TO JANUARY 3, THURSDAY MAYOR MACLAY READ THE RESOLUTION ENTITLED AS FOLLOWS: A RESOLUTION DESIGNATING JANUARY 3, 1974, AT 7:30 P.M. AS THE TIME OF THE REGULAR MEETING OF THE CAPE CANAVERAL CITY COUNCIL; PROVIDING AN EFFECTIVE DATE: BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM, AND UNANIMOUS VOTE OF COUNCIL, THE RESOLUTION WAS ADOPTED SETTING THE FIRST MEETING IN JANUARY TO JANUARY 3, DUE TO THE HOLIDAY. ITEM 6. AMENDING PROCEDURES OF AD —HOC COMMITTEE MAYOR MACLAY READ RESOLUTION 73 -62 ENTITLED AS FOLLOWS: A RESOLUTION ESTABLISHING AN AD —HOC COMMITTEE TO INVES- TIGATE ALL DEPARTMENTS OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED TO ADOPT THE RESOLUTION. MRS. THURM SECONDED THE MOTION: MR. RHAME MOVED TO AMEND THE RESOLUTION BY ADDING AFTER THE WORD DEPARTMENTS THE WORDS "OFFICERS AND EMPLOYEES" IN THE TITLE IN SECTION 3 AND OTHER APPLICABLE SECTIONS. MR. SALVAGGIO SECONDED THE MOTION. MOTION TO AMEND CARRIED UNANI- MOUSLY. .VOTE ON THE MAIN MOTION WAS UNANIMOUS. RESOLUTION. AS AMENDED WAS ADOPTED. ITEM 7 50 CHAIRS FOR LIBRARY MAYOR MACLAY MOVED THAT THE CITY BUY 50 CHAIRS TO LOAN TO THE LIBRARY. MRS. THURM MOVED TO TABLE THIS ITEM IN ORDER THAT IT COULD BE DISCUSSED WITH THE LIBRARY BOARD AND THE LIBRARIAN. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. THE ITEM WAS TABLED. ITEM 8 ORDINANCE 2 -74 RE: .NOISE ABATEMENT (IST READING) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE REGULATING NOISE WITHIN THE CITY OF oPE--CANAVERAL, FLORIDA, ESTABLISHING CERTAIN NOISE STANDARDS; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINANCE NO. 21 -72 AND ANY OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO P AND UNANIMOUS VOTE OF THE COUNCIL,FIRST READING OF THE ORDINANCE WAS APPROVED. MINUTES 12/18/73 PAGE 4 OF 5 MICROFILMED 4 -24 -80 MRS. THURM READ A REPORT FROM TALLAHASSEE ON THE BEACH EROSION MEETING AND STATED THAT SHE FELT SOMEONE FROM THE COUNCIL SHOULD BE IN ATTENDANCE AT THE MEETING OF THE COUNTY COMMISSION ON THURSDAY MORNING TO URGE THE COMMISSIONERS TO TAKE ANY NECESSARY ACTION TO FOLLOW THROUGH FOR THE COMPLETION OF THIS EROSION PROJECT. BY MOTION OF MR SALVAGGIO, SECONDED BY MR. PX ME, AND UNANIMOUS VOTE OF THE COUNCIL, IT WAS DECIDED TO ADD AN ITEM TO THE AGENDA. MR. SALVAGGIO MOVED TO NAME THE ITEM RESOLUTION TO THE COUNTY COiMMISSION URGING THEM TO TAKE ANY NECESSARY ACTION TO SUPPORT OUR BEACH REPLENISHMENT EFFORT. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY MRS. THURM MOVED THAT THE COUNCIL PASS A RESOLUTION WORDED APPROPRIATELY BY THE CITY ATTORNEY AND ALSO POINTING OUT TO THE COUNTY COMMISSION THAT MANY OF THE HOLD -OUTS FOR SIGNING THE EASE- MENTS LIVE IN THE UNINCORPORATED AREA AND NOT IN THE CITY. MR. SALVAGGIG SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE ADOPTING A RESOLUTION TO BE WORDED BY THE CITY ATTORNEY. BY GENERAL CONSENT THE MEETING WAS ADJOURNED AT 9:25 P. =I. APPROVED THIS 3RD DAY OF JANUARY 197'4. MINUTES 12/18/73 PAGE S OF 5