HomeMy WebLinkAbout02-05-1974 Regular MeetingREGULAR MEETING.
CITY COUNCIL
.'FEBRUARY 5, 1974
MICROFILM - E* b
4.24-80.,
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL WAS HELD ON FEBRUARY 5, 1974 AT THE CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:33 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, COUNCILMEN E.H. RH .ME, G.J. SALVAGGIO,r
A.M. RUTKOWSKI, AND MRS., ANN THURM, CITY MANAGER, A.J. FRANCIS,•
ASSISTANT CITY ATTORNEY, RICHARD SCOTT, CITY CLERK,ANITA J. OSTROM,
SGT.-..AT ARMS, WILLARD WINNETT.
MINUTES OF THE REGULAR MEETING. OF JANUARY 15, 1974 WERE
APPROVED AS CORRECTED BY MAYOR MACLAY BY INSERTING THE NAMES OF
THE BEAUTIFICATION BOARD MEMBERS APPOINTED.
THE MINUTES OF THE SPECIAL MEETING OF JANUARY 18, 1974 WERE
APPROVED AS SUBMITTED.
UNFINISHED BUSINESS
ITEM 1 ORDINANCE 2 -74 NOISE ABATEMENT ORDINANCE
(2ND-READING)
MAYOR MACLAY READ THE ORDINANCE BY TITLE ONLY AS IT HAD
BEEN READ IN FULL AT A PREVIOUS MEETING.
AN ORDINANCE REGULATING NOISE WITHIN THE CITY OF CAPE
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.
MR. SALVAGGIO MOVED FOR ADOPTION OF THE ORDINANCE.
MR. RHAME SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND BY
ATTACHED AMENDMENTS. MAYOR MACLAY SECONDED THE MOTION. MOTION.ON
THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS AS.
FOLLOWS IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, AND
AIR. RUTKOWSKI. OPPOSED, MRS. THURM.
ITEM 2 ORDINANCE 3 -74 &XIENDING ORDINANCE 3 -72
RE: SOUTHERN STANDARD CODE ND READING)
THE MAYOR READ THE ENTIRE ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 3 -72 WHICH ORDINANCE
ADOPTED THE SOUTHERN STANDARD BUILDING CODE FOR THE CITY
MAYOR MACLAY MOVED FOR ADOPTION. MR. RUTKOWSKI SECONDED.
MR. SALVAGGIO MOVED TO AMEND BY ADDING IN SECTION 3 THAT ALL OUT-
STANDING PERMITS BE EXEMPT IF CONSTRUCTION NOT YET STARTED.
MR. ALLEN, THE BUILDING OFFICIAL, WAS ASKED TO FURNISH FIGURES
ON PERMITS UNDER CONSTRUCTION AND STILL OUTSTANDING. MR. RHAME
MOVED TO POSTPONE CONSIDERATION OF ORDINANCE 3-74 UNTIL THE END
OF THE AGENDA. MRS. THURM SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
NEW BUSINESS
ITEM 1 ORDINANCE '4 -74- AMENDING ORDINANCE 12 -71
(1ST READING)
BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO,
AND UNANIMOUS.:, VOTE, FIRST READING WAS APPROVED.
ITEM 2 RESOLUTION 74 -5 REGARDING VOTER REGISTRATION
MAYOR lvlACLAY READ THE RESOLUTION ENTITLED:
A RESOLUTION REQUESTING THE BREVARD COUNTY, FLORIDA
SUPERVISOR OF ELECTIONS TO APPOINT TWO CITY OF CAPE
CANAVERAL EMPLOYEES AS DEPUTY SUPERVISORS FOR THE
PURPOSE OF REGISTERING VOTERS AT'THE CAPE CANAVERAL
CITY HALL UNDER THE PERMANENT SINGLE REGISTRATION
SYSTEM; PROVIDING AN EFFECTIVE DATE.
MR. SALVAGGIO MOVED FOR ADOPTION. MR. RHAME SECONDED
THE MOTION. MAYOR MACLAY READ THE MEMO FROM THE CITY CLERK FOR
CONSIDERATION ON THE ITEM. MR. RHAME MOVED TO POSTPONE THIS -
RESOLUTION UNTIL THE NEXT COUNCIL MEETING UNTIL THE BOARD OF
COUNTY COMMISSIONERS COULD BE CONTACTED REGARDING REIMBURSEMENT
FOR REGISTRATION DEPUTY. MAYOR MACLAY SECONDED THE MOTION. VOTE
WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. RUTKOWSKI,
ANTD MRS. THURM. OPPOSED, MR. SALVAGGIO.
ITEM 3 MOTION TO AWARD POLICE BIDS ON RADIO EQUIPMENT
AND TOWER
MAYOR MACLAY REVIEWED THE BIDS SUBMITTED. THE CHIEF OF
POLICE REVIEWED THE BIDS WITH COUNCIL EXPLAINING DIFFERENCES IN
PRICES. MR. RUTKOWSKI MOVED TO AWARD THE BID TO MOTOROLA ON THEIR
ALTERNATE BID IN THE AMOUNT OF $6,723.00 WITH ADDITIONAL $340.00
FOR LIGHTS AND PAINT. MR. RHAME SECONDED THE.MOTION. MOTION
CARRIED UNANIMOUSLY.
MINUTES OF 2/5/74
PAGE 2 OF 5
M 1CR0F1L 9t.D 4.24 -80
ITEM 4 MOTION REGARDING POLICE BUILDING CONSTRUCTION
SIR. RHAME REPORTED TO COUNCIL ON THE STATUS OF THE
POLICE BUILDING AND REASON FOR ADDITIONAL BILL FROM ARCHITECT,
."L4KING TOTAL ARCHITECT'S BILL OF $43-147.44. MR. RHAti1E MOVED
THAT THE PLANS AS PRESENTED AND THE ARCHITECT'S BILL BE APPROVED.
MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. RHAME ALSO REPORTED THAT THE BUILDING OFFICIAL
FELT THAT THE CITY SHOULD OBTAIN A SINGLE BID ON CONSTRUCTION
OF THE SHELL BUILDING. HE GAVE A SCHEDULE ON BIDS AS FOLLOWS:
BID OPENING MARCH 13, 1974, TO BE REVIEWED AT iVORKSHOP MARCH 14,
AND AWARDING OF BID MARCH 19. MR. RHAME MOVED THAT THE CITY
PROCEED WITH ADVERTISING.FOR BIDS TO CONSTRUCT THE SHELL OF THE
BUILDING. MRS. THURIN1 SECONDED MOTION.. MOTION CARRIED UNANIMOUSLY.
ITEM 5 RESOLUTION 74 -6 DELEGATES TO BREVARD LEAGUE.
MRS. THURIN1 MOVED TO ADOPT THE RESOLUTION. MR. SALVAGGIO
SECONDED. IT WAS'NOTED THAT THE CITY WAS ENTITLED TO ONLY ONE
VOTING DELEGATE. MAYOR MACLAY MOVED TO AMEND THE RESOLUTION BY
CHANGING THE WORDING TO ALLOW FOR ONE VOTING DELEGATE. MRS. THURM
SECONDED THE MOTION. MOTION TO A -LEND. CARRIED UNANIMOUSLY.
VOTE ON THE MAIN MOTION WAS UNANIMOUS, NAMING THE MAYOR
AS VOTING DELEGATE AND THE MAYOR PRO -TEM AS FIRST ALTERNATE.
ITEM 6 BIKE WAYS
AFTER SOME DISCUSSION ON POSSIBLE COSTS OF IMPLEMENTING
BIKEWAYS ALONG HIGHWAY 401, MR. RUTKOWSKI MOVED TO POSTPONE THE
ITEM UNTIL THE NEXT MEETING IN ORDER TO FURTHER.STUDY METHOD OF
FUNDING. MRS. THURk1 SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
.ITEM 7 PROPOSED PAY PLAN
LIMITED DISCUSSION WAS HELD ON THE ENTIRE PAY PLAN AND
THE CITY MANAGER'S RECOMMENDATION TO IMPLEMENT IMMEDIATELY INCREASES
FOR 7 EMPLOYEES AS FOLLOWS:
TWO SEWER DEPARTMENT EMPLOYEES INCREASED TO $6,000.00
A YEAR EACH.
PER YEAR.
THREE POLICE DEPARTMENT DISPATCHERS. INCREASED TO $51200.00
TWO PATROLMEN INCREASED TO $7,000.00 PER YEAR.
MINUTES OF 2/5/74
PAGE 3 OF S
Ir
AND MRS. THURM. OPPOSED, MR. RUTKOWSKI.
MR. RUTKOWSKI MOVED THAT THE NEW RATES OF DISPATCHERS
AND SEWER PLANT WORKERS BE SWITCHED. MOTION DIED FOR LACK OF A
SECOND.
ITEM 8 MOTION TO APPROVE MAPPED STREETS ACT
AFTER SOME DISCUSSION AS TO WHAT ACTION, IF ANY, WAS
REQUIRED BY COUNCIL AT THIS TIME, MR. SALVAGGIO MOVED TO TABLE
THIS ITEM. MAYOR MACLAY SECONDED.
UNFINISHED BUSINESS
ITEM 2 ORDINANCE 3 -74
MOTION CARRIED UNANIMOUSLY.
MR. ALLEN REPORTED BACK TO COUNCIL THAT THERE WERE
5 PERMITS OUTSTANDING WITH CONSTRUCTION NOT STARTED WITH A TOTAL
OF 325 UNITS. AFTER MUCH DISCUSSION REGARDING THE'AFFECT OF THE
ORDINANCE ON THESE PERMITS, MR. SALVAGGIO MOVED TO AMEND BY IN-
SEATING IN SECTION 1, UNDER THE PROVISIONS FOR EXTENSION OF PERMITS
A NEW SUB - SECTION (1) THIRTY DAYS PRIOR TO EXPIRATION OF THE PERMIT
AND REGARDING NUMBERING THE EXISTING SUB - SECTIONS. MAYOR MACLAY.-
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
MR. RUTKOWSKI MOVED TO FURTHER AMEND IN.SUB- SECTION (3)
TO MAKE THE EFFECTIVE DATE OF THE ORDINANCE MARCH 12, 1974.
MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
VOTE ON THE MAIN MOTION WAS UNANIMOUS. ORDINANCE 3 -74 AS
AMENDED WAS ADOPTED.
MR. RUTKOWSKI MOVED TO ADD ITEM TO THE AGENDA. MAYOR
1LgCLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. RUTKOWSKI MOVED TO NAME THE ITEM PAYMENT OF RENEWAL
AND REPLACEMENT BILLS. MAYOR MACLAY SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
MR. RUTKOWSKI MOVED TO APPROVE THE FOLLOWING INVOICES:
HUGHES SUPPLY CO. $ $563.50
GORMAN COMPANY 105.77
INDUSTRIAL EQUIPMENT 42.90
$712.17 TOTAL
14AYOR 0 -%CLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MINIUTES OF 2!5/74
MICROFILMED-4.24-80
? CHIEF HOELPERL MADE A REPORT TO COUNCIL-ON THE RECORD
OF FIRES WITHIN THE CITY IN THE PAST YEAR.
BY MOTION OF MAYOR INL4CLAY, SECONDED BY MR. RUTKOWSKI
AND UNANIMOUSLY AGREED TO BY COUNCIL, MEETING ADJOURNED AT 11*:12 P.M.
CITY CLERK
APPROVED THIS 19TH DAY OF FEBRUARY, 1974.
Y
MINUTES OF 2/5/74
PAGE 5 OF 5
NIR. RUTKOWSKI'S N40TION TO A:`iEND ORDINANCE NO.. 2 -74
1. SECTION 2.
Subsection (a) in 3rd line after the word- "premises" add "or
adjacent dwelling unit"
After "A" Scale Limits add Slow iNleter Response
Change Decibel factors as follows:
Residential Darr, 65 Night 60
Business 75 70
Industrial 80 '° 75
Subsection (b) Any sound emanating from an automobile, try
motorcycle, motor bus or other vehicle Teighing less than 10,000 b
GVV, in excess of the.following "A "Scale Limits, measured with fast
meter response from a distance of 50 feet from the centerline of th
lane in which the vehicle is traveling.
(1) On any street where the speed limit is.below 40 MPH
72 decibels
(2) On any street where the_ speed limit-is 40 MPH or abo°
82 decibels
Subsection (d) In first line insert words "or intermittent"
between "impul$ive." F "character"
After "A" Scale-limits add Fast meter-.response
Change decibel factors as follows:
Residential Day 70 Night 60
Business it 80 it 70
Industrial 85 75
Delete Subsection (e)
2 SECTION 3
Change to read as follows: The microphone used to measure tY
loudness of a noise shall be placed at any point on the property
line or a point 50 feet distant from the noise being measured, no
CP
closer than 5 feet from any wail not less than 4 feet above the
ground and at right angles to the noise source. Sound pressure
levels shall be measured with a sound level meter having an "A"
weighted measuring scale manufactured according to the American
National Standards Institute ANSI Standard S 1.4 -19712 which has
been calibrated in accordance with ANSI standards.
3. SECTION 4
Subsection (a) After word "vehicles" in lst line insert
words " "gasoline powered garden equipment"
R.ECO2MMENDED A&IE -NDbIE �'TS TO ORDINANCE
INO. 2 -74- (NOISE ABATEiVIEt\,rr)
1. Add the following to Section 2. (a) after the - %,xrrds
". `in excess of the following A Scale Lil-nits, ... "
add: meter set on "slo,,v response, " z
new clause shall read as follows:
..in exeeTss of the following "A" Scale Limits, meter set
on "slow response, " measured in decibels.
_ . Add tda folli wing to Section 2. (b) after the following:.
... higher than $, decibels, "
f
add: mete se at {;fast respo se,
new clause ' alI read as f ows: _
hi en- ttharr., ecibels, meter: set at "fast` response, :r
eas red fro�zz a`•dis6nce. of 50 feet from the vehicle ."
3. Delete all of Section 2. (e) as this is sufficiently covered under ~ .
Section 2. (d)... -
4. Add the following clause to the end of the first sentence of
Section 3:
add: said microphone positioned perpendicular from the noise. "
5. Change reference in Section 3 from "United States of America
Standards Institute (USASI)" to "American National. Standards Institute.
(ANSI)." reference numbers remain the .same.