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HomeMy WebLinkAboutMinutes 02-21-1989 CITY COUNCIL REGULAR MEETING FEBRUARY 21, 1989 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida, was held on February 21, 1989, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral , Florida . The meeting was called to order at 7 : 30 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. The roll was called by the City Clerk. Officials present were Mayor Joy Salamone, Mayor Pro Tem Robert Hoog, Council Members Jeff Kidd, Steve Miller and Rocky Randels. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac; and City Clerk, Jan Leeser. Mr . Hoog moved to forego the reading of the minutes of the Regular Meeting of February 7 , 1989 . Mr . Miller seconded motion. Motion carried unanimously. At this time Mayor Salamone read a Proclamation proclaiming 1989 the "Year of the Young Reader" . UNFINISHED BUSINESS 1. Ordinance No. 1-89 Establishing Chapter 602, Fireworks Regula- tions (Second Reading and Public Hearing; Postponed 2-7-89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY , FLORIDA, ESTABLISHING CHAPTER 602, FIREWORKS REGULATIONS, OF THE CODE OF ORDINANCES . REPEALING ALL PORTIONS OF THE CODE IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved for adoption, amending Section 602 . 03 to read : "Fireworks Pro- hibited-It shall be unlawful to ignite or explode any fireworks or explosive compound as defined in this Chapter within the City limits of the City of Cape Canaveral" . Mr . Hoog seconded motion . City Attorney Theriac advised that his research indicated there was case law that the City could not adopt more stringent prohibitions than the State. He suggested the following amendments , in addition to the amendment specified in Mr. Randel ' s motion: In the first where- as , change the words . . . " ownership or possession . . . " to read " . . . ignition or explosion . . . " ; In the second whereas , change the word " . . .banned" to the word " . . . regulated. " ; change the title of Section 602 . 03 to " Ignition or Explosion of Fireworks Prohibited. " Discussion followed . Mr . Randels and Mr . Hoog agreed to the amendments. Vote on the motion was unanimous . Ordinance No. 1-89, as amended, was adopted on Second Reading. 2. Motion Re : Special Combined Workshop Meeting with the Beauti- fication Board on March 15, 1989 to tour FIT Botanical Gardens in Melbourne, Florida (Postponed 2-7-89 ) Mr . Kidd so moved . Mr . Randels seconded motion . Discussion followed. It was pointed out that the members of the City Council and the Beautification Board would meet at FIT at 9 : 30 A.M. Vote on the motion was unanimous . NEW BUSINESS 1. Motion Re: Purchasing Lunches for Brevard Correctional Institute Inmates while working on City Beautification Projects Mr . Randels moved that the City cease purchasing lunches for Brevard Correctional Institute Inmates while working on City Beautification projects . Mayor Salamone seconded motion. Mr. Nicholas noted that CITY COUNCIL REGULAR MEETING let,13RUARY 21, 1989 PAC--F 1 OF 3 the City auditors had been contacted and their opinion was that pur- chashing lunches for the inmates was not a misuse of public funds if the City could conclude it was for a good purpose. Mayor Salamone noted she had contacted the State Auditor who indicated the use of the funds was questionable if they were not used according to budget. Mr . Kidd spoke in favor of continuing the practice of purchasing lunches. Mr. Nicholas advised that the adverse publicity the City had received on this issue reflected badly on the City and he planned to discontinue the practice of purchasing the lunches unless Council specifically ordered him to do so. Discussion continued. [1, Mr . Hoog moved to amend the motion by deleting the words "while working on City Beautification Projects" Mr. Randels and Mayor Salamone agreed to the amendment. Vote on the motion was unanimous. 2. Resolution No. 89-6 Supporting State of Florida ' s efforts in Establishing Commercial Spaceport A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPORTING THE EFFORTS OF THE SPACEPORT FLORIDA PARTNERSHIP AND THE STATE OF FLORIDA TO ESTABLISH SPACEPORT FLORIDA, THE NATION' S FIRST COMMERCIAL SPACEPORT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Miller seconded motion. Mayor Salamone requested the Resolution be amended by adding the following verbage to the end of Section 3 : " • . .and desires to enter into partnership with the Commercialism ofSpace Venture. " Discussion followed. Vote on the motion was unanimous. 3 . Motion Re : Resolution No . 89-7 Approval of Beautification Board' s Revised Bylaws A RESOLUTION APPROVING THE BY-LAWS OF THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Hoog moved for adoption. Mr. Randels seconded motion . Discussion followed. Mr . Randels thanked the Beautification Board for their efforts in re- writing the bylaws. Vote on the motion was unanimous. Resolution No. 89-7 was adopted. 4 . Motion Re: Approving Change to Sewerage System Phase II Contract Regarding Repair to Force Main on Central Boulevard Mr . Nicholas requested the Council defer action on this item until the City received a written cost estimate from the City' s Engineers. Mr . Randels moved to table this item. Mr . Kidd seconded motion. Motion carried unanimously. 5. Discussion Re: Library Dedication Mr . Nicholas asked for Council ' s input on the program for the Library Dedication to be held March 11th . Mrs . Dianna Dolan , Secretary of the Library Board, explained that County Commissioner Roger Dobson had agreed to speak. She noted she had also contacted State Representatives Dixie Sansom and Charlie Roberts, and Senator Bud Gardener, but had not received replies from them. Mr . Kidd suggested former Mayor Patrick Lee be asked to unveil the Library Plaque. Mr. Lee was in attendance and indicated he may be out-of-town on that date. Mr . Hoog suggested a closing prayer be added to the program. It was noted that the program needed to be finalized as soon as possible. CITY COUNCIL REGULAR MEETING FEBRUARY 21, 1989 PAGE 2 OF 3 DISCUSSION Mr . Theriac advised he had received a letter from Mr. Jim Cannon, owner of the Capette, regarding his impact fee assessment . Mr . Theriac noted he could not respond to Mr. Cannon until the hearing on the Rich ' s Restaurant lawsuit, scheduled for the middle of March. Mr . Randels initiated discussion on the condition of the Little League field; the mulch from the tree shredder being available to the citizens; and the Villages of Seaport impact fees being trans- ferred to the new owners. Mr . Tom Dolan requested the City Manager do a budget transfer to reimburse the Beautification Fund for the lunches purchased for the inmates while doing street repair work. There being no further business, the meeting was adjourned at 8 : 05 P.M. Approved this 7th day of March , 1989. Mr / ty Clerk (11, CITY COUNCIL REGULAR MEETING FEBRUARY 21, 1989 PAGE 3 OF 3