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HomeMy WebLinkAbout09-03-1974 Regular Meeting4 ». REGULAR MEETING MICROFILM. 4-24 -80 CITY COUNCIL SEPTEMBER 3, 1974 A REGULAR MEETING OF THE CITY COQNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 3, 1974 AT THE CITY.HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:35 P.M. THE ROLL WAS CALLED BY THE DEPUTY CITY CLERK. OFFICIALS PRESENT.WERE: MAYOR MACLAY, COUNCILMEN R. GRAEFE, E. H. RHAME, G. J. SALVAGGIO, AND MRS. ANN THURM, CITY MANAGER, A. J. FRANCIS,. CITY ATTORNEY STANLEY WOLFMAN, DEPUTY CITY CLERK, PAT BEAULIEU, SGT. AT ARMS, WILLARD WINNETT. THE MINUTES OF THE AUGUST 20, 1974 MEETING WERE APPROVED AS SUBMITTED. UNFINISHED BUSINESS. ITEM 1. ORDINANCE 24 -74 AMENDING ORD. 23 =72. RE: ALCOHOLIC BEVERAGE HOURS OF QPERATI N ( 2ND READING) / MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ORDINANCE 23 -72, BY PRO- VIDING HOURS OF OPERATION FOR ESTABLIS:iMENTS HOLDING STATE ALCOHOLIC BEVERAGE LICENSES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR MACLAY MOVED FOR ADOPTION, MR. RHAME SECONDED. MR. RHAME MOVED TO AMEND ORDINANCE BY DELETING SECTION 1 IN ITS ENTIRETY AND SUBSTITUTING THE FOLLOWING, "ALCOHOLIC BEVERAGES MAY BE SOLD, CONSUMED OR SERVED IN ANY PLACE HOLDING A LICENSE UNDER THE DIVISION OF BEVERAGES BETWEEN THE FOLLOWING HQURS: MONDAY THROUGH SATURDAY, 7:00 A.M. TO 4:00 A.M. THE FALLOWING MORNING, SUNDAY 1:00 P.M. TO 4:00 A.M. THE FOLLOWING MORNING. THIS RE- STRICTION DOES NOT APPLY TO SALE OF OFF- PREMISES.CONSUMPTION OF BEER AND WINE." HE FURTHER ADDED TO HIS AMENDMENT BY MAKING i THE ORDINANCE EFFECTIVE NOVEMBER 1, 1974 IN ORDER TO ALLOW THE ZONING BOARD TO COME UP WITH A PROPER ZONING REGULATION REGARDING BOTTLE CLUBS. MR. SALVAGGIO SECONDED MOTION. VOTE ON AMENDMENT WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM, MR. GRAEFE ABSTAINED DUE TO CONFLICT OF INTEREST. MOTION TO AMEND CARRIED. MICROFILMED 4 -24 -80 MRS. THURM BROUGHT UP THE SUBJECT OF THE SALE OF OFF- PREMISES . CONSUMPTION OF BEER AND WINE. A SHORT DISCUSSION FOLLOWED. MR. RHAME MOVED TO AMEND RESTRICTING THE SALE ©F.OFF- PREMISES CONSUMPTION OF BEER AND WINE TO THE HOURS OF MONDAY THROUGH SATURDAY 7:00 A.M. TO 4:00 A.M. THE FOLLOWING MORNING, SUNDAY 1:00 P.M. TO 4:00•A.M. THE FOLLOWING MORNING. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR: MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM, MR. GRAEFE ABSTAINED. MOTION TO AMEND CARRIED. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR: MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, AND MRS. THURM. MR-GRAEFE ABSTAINED. ITEM 2. ORDINANCE 25 -74 TRAVEL PROCEDURES (2ND READING) MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE TO REIMBURSE CITY OFFICIALS AND EMPLOYEES FOR TRAVEL EXPENSES: PROVIDING. AN EFFECTIVE DATE. MAYOR MACLAY MOVED TO ADOPT THE ORDINANCE. MR. SALVAGGIO SECONDED. MR. RHAME MOVED TO AMEND BY INSERTING IN SECTION Z., . LINE 4, IN BETWEEN THE WORD "THE!' AND THE WORD "EMPLOYEE'` INSERT THE WORDS "CITY OFFICIAL OR ", AND FURTHER AMENDING IN SECTION 3, SUB SECTION (A) LINE 4, BY ADDING THE WORDS "AND AIR FARE ", AND ALSO ADDING IN SECTION 3, SUB SECTION (I), LINE 1, THE FOLLOWING "D101" AFTER THE WORD FORM. MR. SALVAGGIO SECONDED. MOTION AND AMENDMENT CARRIED UNANIMOUSLY. AT THIS TIME MR. RHAME MOVED TO RECONSIDER ORDINANCE 24 -74. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MRS. THURM, OPPOSED MAYOR MACLAY, MR. SALVAG.GIO, MR. GRAEFE ABSTAINED. MOTION TO RECONSIDER FAILED. ITEM 3. RESOLUTION 74-45-RE: WASTE TREATMENT PROGRAM 208 MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLE A RESOLUTION INDICATING THE INTENT OF THE CITY OF CAPE CANAVERAL TO JOIN WITH OTHER GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT IN BREVARD COUNTY AND THE EAST CENTRAL FLORIDA REGIONAL PLANNING AREA TO DEVELOP AND IMPLEMENT A PLAN RESULTING IN AN INTEGRATED WASTE TREATMENT MANAGEMENT MECHANISM FOR THE AREA. MRS. THURM MOVED FOR ADOPTION. MR*. RHAME SECONDED RESOLUTION PASSED UNANIMOUS -LY. NEW BUSINESS ITEM 1..ORDINANCE 27 -74 PURCHASING PROCEDURES (1ST READING) MINUTES 9/3/74 PAGE 2 OF 5 PAGES MICROFILMED 4.24 -80 THE MAYOR READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ADOPTING A MANUAL OF PURCHASING. PROCEDURES TO BE USED BY ALL DEPARTMENTS OF THE CITY OF CAPE CANAVERAL, FLORIDA: PROVIDING AN EFFECTIVE DATE. THE MAYOR MOVED FOR ADOPTION, MR.. SALVAGGIO SECONDED, MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION 74 -46 RE ADOPTION OF 1974 -1 BUDGET (GENERAL & SEWER) MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ADOPTING THE ANNUAL GENERAL FUND BUDGET AND THE ANNUAL SANITARY SEWER BUDGET FOR THE 1974 THROUGH 1975 FISCAL YEAR; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR.ADOPTION, MRS. THURM SECONDED. MOTION PASSED UNANIMOUSLY. ITEM 3. SEWER CHARGES MR. WOLFMAN; CITY ATTORNEY, INFORMED COUNCIL THAT HE HAS TALKED TO MR. MOLINE'S ATTORNEY AND HE AGREED WE WAIT FOR OFFICIAL NOTICE FROM THE BONDING ATTORNEYS. MR. WOLFMAN STATED THAT WE CAN CONTINUE TO CHARGE PENALTIES AND ACCEPT THE CHECKS UNTIL WE GET FURTHER CLARIFICATION ON THIS MATTER. MR. SALVAGGIO MOVED WE.ACCEPT THE MONEY FROM MR. MOLINE, MR. SCHRAMM, AND ALSO THE WEAVER BUILDING, CONDITIONAL ON HEARING. FURTHER WORD FROM THE BONDING ATTORNEY. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. REQUEST BY CAPE SHORES TO USE SEWER EASEMENT MR. WOLFMAN STATED THAT AT THIS TIME HE HAS NOT REVIEWED ALL SEWER EASEMENTS IN REGARD TO THEIR RESTRICTIONS OF USE ON THE PROPERTY IN QUESTION, BASED UPON WHAT MR. ALLEN, BUILDING OFFICIAL, HAS REVIEWED SO FAR, MR. WOLFMAN FEELS WE CANNOT GRANT. MR. MOLINE THE EASEMENT USE HE REQUESTS AT THIS TIME. NO MOTION IN ORDER AT THIS TIME. COUNCIL REQUESTED MR. FRANCIS WRITE A LETTER TO MR. MOLINE INFORMING HIM OF THE FACTS. ITEM 5. MOTION - RE: BIKE WAYS ON AlA MOTION MADE BY ANN THURM INSTRUCTING CITY MANAGER TO WRITE A LETTER TO THE COUNTY REGARDING BIKEWAYS FROM CAPE SHORES TO BAY VIEW SHOPPING CENTER, ALSO GRANTING THE CITY MANAGER THE AUTHORITY, AT HIS REQUEST, TO RELAY TO THE COUNTY OUR INTENTION OF POSSIBLY CONSTRUCTING BIKEAYS THE ENTIRE LENGTH OF CAPE CANAVERAL FOR FUTURE PLANNI`:_- -BUT WITH NO DEFINITE COMMITMENT PAGE 3 OF 5 PAGES MICROFILM 4.24 -80 AT THIS TIME. MOTION SECONDED BY MR. SALVAGGIO. MOTION CARRIED UNANIMOUSLY. ITEM 6. DISCUSSION - NEW RECREATION COMPLEX- w AFTER A SHORT REPORT BY MR. ROGER DOBSON REGARDING OF FUNDINGA,PROPOSED RECREATION COMPLEX, COUNCIL DIRECTED MR. FRANCIS TO SET UP A MEETING WITH THE RECREATION BOARD FOR TUESDAY, SEPTEMBER 10, AT 8:00 P.M. IMMEDIATELY FOLLOWING THE SPECIAL PUBLIC HEARING ON THETAXES, SO COUNCIL COULD DISCUSS FURTHER THE FUNDING OF THE PROPOSED COMPLEX. COUNCIL ALSO. REQUESTED MR. DOBSON ATTEND THIS MEETING, MR. RHAME REQUESTED MRS. THURM GET A CHECK -OUT BY THE COUNTY PLANNING DEPARTMENT OF THE COST ESTIMATE SUBMITTED BY THE RECREATION BOARD REGARDING COMPLEX. ITEM 7. RENEWAL &.REPLACEMENT BILL MAYOR MACLAY MOVED THAT THE RENEWAL 8 REPLACEMENT $I.LL FROM ENVIREX,. INC.IN THE AMOUNT OF $1,172.24 BE APPROVED. MR. SALVAGG10 SECONDED MOTION. AFTER A SHORT DISCUSSION BETWEEN COUNCIL AND SUPERVISOR OF POLLUCION CONTROL REGARDING THE BALANCE DUE ON THIS BILL, MAYOR MACLAY THEN MOVED TO TABLE THIS ITEM, MR. GRAEFE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM TABLED UNTIL CITY CLERK VERIFIES THE BALANCE DUE. ITEM 8. RESOLUTION 74 -48 RE: APPOINTMENT OF 2ND BOARD MEMBER TO DISTRICT II MAYOR MACLAY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION RECOMMENDING AN APPOINTMENT TO THE BREVARD COUNTY DISTRICT II RECREATION BOARD; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED TO-PASS RESOLUTION INSERTING THE NAME OF NANCY HANSON AS THE REPRESENTATIVE. MR. RHAME SECONDED. MOTION PASSED UNANIMOUSLY. DISCUSSION MR. RHAME THANKED THE CAPE CANAVERAL CITIZENS FOR THEIR EXCELLENT SUPPORT AND WORK ON THE CLEAN -UP CAMPAIGN.: OVER THIS PAST LABOR DAY-WEEKEND. MRS. JANE SCOGNA, REPRESENTING THE SPACE COAST MINUTES 9/3174 PAGE 4 OF 5 MICROFILMED 4- 241 -80. APARTMENT & MOTEL OWNERS ASSOCIATION, SPOKE AT THIS TIME DETAILING THE ASSOCIATION'S PLANS TO HONOR THE CAPE CANAVERAL AND COCOA BEACH POLICE AND FIREMEN. MR. RHAME MOVED TO ADD ON AN ITEM TO THE AGENDA. MR. SALVAGGIO SECONDED MOTION. MOTION TO ADD ON PASSED UNANIMOUSLY. MR. RHAME MOVED TO NAME THE ADD ON ITEM: CONTRIBUTION TO THE ASSOCIATION'S CAPE.CANAVERAL AND' COCOA BEACH AWARDS APPRECIATION NIGHT EVENT MR. SALVAGGIO SECONDED MOTION. VOTE.WAS UNANIMOUS. MR. RHAME MOVED THAT THE CITY OF CAPE CANAVERAL ISSUE FROM THE CONTINGENCY FUND $50.00 FOR THE PURPOSE OF DEFRAYING EXPENSES FOR THE ASSOCIATION'S FIRST APPRECIATION EVENT. MR. SALVAGGIO SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MR. SALVAGGIO MOVED MEETING ADJOURN. MAYOR MACLAY SECONDED. MEETING ADJOURNED BY GENERAL CONSENT AT 9:20 P.M. APPROVED THIS 17TH .DAY OF `SEPTEMBER 1974. WA! ►_.r e CITY CLERK MINUTES OF 9!3%74 PAGE 5 OF 5