HomeMy WebLinkAboutMinutes 08-10-1989 Special Workshop o 0
CITY COUNCIL
SPECIAL WORKSHOP MEETING
AUGUST 10, 1989
A Workshop Meeting of the Cape Canaveral City Council was held
on August 10, 1989 at the City Hall Annex, 111 Polk Avenue, Cape
Canaveral , Florida. Mayor Salamone called the meeting to order
at 7: 30 P.M.
Members Present "
Joy Salamone Mayor
Bob Hoog Mayor Pro Tem
Jeff Kidd Council Member
Rocky Randels Council Member
Others Present
Leo Nicholas City Manager
Jim Theriac City Attorney
Janet Leeser City Clerk
1 . Ordinance No. 8-89 Amending Zoning Regulations Section
645. 37 by requiring Applicants for Rezoning or Zoning Ordi-
nance Amendments to defray all Involved Costs ( Second
Reading and Public Hearing on 8-15)
Mr. Nicholas explained the proposed Ordinance would require the
applicant to pay all costs associated with rezoning. Mr. Hoog
and Mr . Randels spoke in favor of the Ordinance.
Mrs. Helen Filkins spoke against the proposed Ordinance because
in her opinion it was in conflict with the Growth Management Act.
Discussion followed.
Mr. Theriac advised that he was in the process of drafting an
Ordinance requiring developers to attest to the fact that their
site plans are consistent with the City' s Comprehensive Plan.
Discussion continued.
Agenda this item for Tuesday.
2. Ordinance No. 9-89 Amending Code Chapter 501 , Streets, by
Establishing Civil Liability for Damage to Municipal Roads
(Second Reading and Public Hearing on 8-15)
Mr. Nicholas explained this proposed Ordinance was patterned
after the State Statute. Agenda this item for Tuesday.
3. Discussion Re: Cleaning of Drainage Canal
Mr. Nicholas distributed a copy of the easement map of the drain-
age canal north of Central Boulevard which depicted that in some
areas the canal was not located in the City' s easement. He ad-
vised that the immediate need was to clean the canal and grade
properly so there would always be a positive flow of water . Mr.
Nicholas noted that O.K. Mock, the contractor who completed the
sewer improvements adjacent to the canal, had submitted a quote
of $33,000 to clean the canal and grade it on the east side.
Discussion followed. Mr . Randels and Mr. Kidd spoke in favor of
authorizing O.K. Mock to do the work. Mr . Nicholas pointed out
that the work could not be authorized as a change order to the
contract for the sewer improvements but would have to be a
waiver of the bid process, with the expenditure authorized out
of Reserve Funds. Discussion continued. It was the consensus
of Council that the City should go out for bid for the canal
cleaning.
CITY COUNCIL WORKSHOP MEETING
AUGUST 10, 1989
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Agenda a motion to authorize the advertisements for bid on the
project for Tuesday.
4. Discussion Re: Vacancy on City Council
Mr. Theriac advised that due to the resignation of Steve Miller,
the City had two areas they needed to address: ( 1 ) appointment
of a Council Member, within 30 days, to serve until the General
Election, and ( 2) establishing procedures for filling seats for
unexpired terms. Mr . Theriac suggested adopting an Emergency
Ordinance so the procedures could be established prior to qual-
ifying, followed by adoption of a regular Ordinance.
Discussion was held on how to determine which candidate would
serve for the unexpired one year term, i.e. , whether the can-
didate should qualify for the unexpired term or the top two vote
getters would get the three year terms, with the third highest
vote getter filling the unexpired term. Mr . Theriac was dir-
ected to draft two separate Ordinances for consideration on
Tuesday.
Mayor Salamone advised that the City had received a letter from
Mrs. Ann Thurm who volunteered to fill the vacant seat. Agenda
this item for Tuesday.
5. Discussion Re: Proposed Contract with City Manager
Mr. Theriac reviewed the changes in the proposed "at will employ-
ment agreement" . Mr. Kidd advocated filling in the blanks and
proceeding with the contract negotiations. He suggested six
months severance pay. Mr. Bruce Collins, a resident of Ocean
Woods, spoke against the severance pay clause in the contract.
Discussion followed.
Mrs. Mary Wheeler and Mr . Don Arabian spoke against the proposed
contract stating, in their opinion, it was in violation of the
City Charter. Discussion continued. This item to be placed on
the next workshop agenda.
6 . City Manager ' s Report
Mr. Nicholas advised the City had received a reply from Depart-
ment of Transportation regarding the City' s request to reduce
the speed on A1A. Mr . Nicholas noted D.O.T. did not recommend
reducing the speed. •Discussion followed. Agenda a Resolution
for Tuesday.
DISCUSSION
Mr. Theriac reported that the three judge panel had made a
decision on the Jeff Rich Lawsuit in Mr. Rich ' s favor. He
further noted that one judge on the panel , Clarence Johnson, had
dissented with the opinion. On this basis, Mr. Theriac advised
appealing the decision to the 5th District Court. It was the
consensus of Council that the decision should be appealed.
There being no further business, the meeting was adjourned at
11 : 10 P.M.
itLlA/.11 .61-4 ('`Y
net S . Leeser
ity Clerk.
CITY COUNCIL WORKSHOP MEETING
AUGUST 10 , 1989
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