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Home My WebLink AboutMinutes 08-15-1989 CITY COUNCIL REGULAR MEETING AUGUST 15, 1989 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on August 15, 1989, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 32 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 and Council Members Jeff Kidd 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 Reg- ular Meeting of August 1 , 1989. Mr. Kidd seconded motion. Motion carried unanimously. At this time, Beautification Board Member, Alicia Brittain, and Mayor Salamone presented the Summer Beautification Board Awards. The recipients of the awards were: Mr . & Mrs. A. W. Hope, 221 Harbor Drive (Home Award ) ; Harbor Heights Townhouses (Multi- family Award) ; and, Royal Mansions Resort (Commercial Award) . Mr. Hoog read a letter into the record, a copy of which is attached hereto and made a part hereof by reference. UNFINISHED BUSINESS 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 ) AN ORDINANCE AMENDING SECTION 645 . 37 OF THE ZONING REGU- LATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REQUIRING APPLICANTS FOR REZONING OR ZONING ORDINANCE AMENDMENTS TO DEFRAY ALL INVOLVED COSTS; AMENDING SECTION 645.04, APPLICATION FOR BUILDING PERMIT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Ordinance. Mr. Randels moved for adoption. Mr. Hoog seconded motion. Mr. Randels spoke in favor of the proposed Ordinance. Vote on the motion was unanimous. Ordinance No. 8-89 was adopted on second reading . 2. Ordinance No. 9-89 Amending Code Chapter 501 , Streets, by Establishing Civil Liability for Damage to Municipal Roads (Second Reading and Public Hearing) AN ORDINANCE AMENDING CODE CHAPTER 501 , STREETS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ESTABLISHING CIVIL LIABILITY FOR DAMAGE TO MUNICIPAL STREETS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Ordinance. Mr . Kidd moved for adoption. Mr. Randels seconded the motion. Mr. Hoog moved to amend by changing the verbiage to " . . .negligent or wrongful act. " Mr. Randels seconded the motion. Vote on the amendment was unanimous. Vote on the main motion was unanimous. Ordi- nance No. 9-89, as amended, was adopted on second reading. CITY COUNCIL REGULAR MEETING AUGUST 15, 1989 PAGE 1 OF 3 NEW BUSINESS 1 . Emergency Ordinance No. 10-89 Establishing Procedures for Filling Seats for Unexpired Terms Mr. Theriac advised that he had, at the Council ' s direction, prepared two separate Ordinances, one requiring candidates to qualify for the unexpired term, and one filling the unexpired term on an at large basis, with the third highest vote getter, filling the unexpired term. Mr . Randels spoke in favor of filling the term at large . Mayor Salamone supported qualifying for the unexpired term. Discussion followed. Mr. Kidd moved to adopt the Ordinance filling the unexpired seat at large . Mr. Hoog seconded the motion. Mayor Salamone read the title of the Emergency Ordinance as follows: AN EMERGENCY ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD, COUNTY, FLORIDA; AMENDING THE ELECTION OF COUNCIL MEMBERS ON AN AT LARGE BASIS AND; PROVIDING FOR AN AT LARGE ELECTION OF A VACANCY IN AN ELECTED OFFICE ; PROVIDING AN EFFECTIVE DATE . Vote on the motion was as follows: In favor, Mr. Hoog, Mr . Kidd and Mr. Randels; Opposed, Mayor Salamone. Emergency Ordinance No. 10-89 was adopted. 2. Resolution No. 89-41 Requesting the Speed Limit on State Road A1A be Reduced A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CONDEMNING AND REJECTING THE STUDY AND DECISION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION WITH REFERENCE TO THE SPEED LIMITS SET ON STATE ROAD A1A WITHIN THE CITY. Mayor Salamone read the title of the Resolution. Mr . Hoog moved for adoption. Mr. Kidd seconded motion. Mr. Theriac advised that he had, at Council ' s direction, prepared a petition for the citizens use, to request that the speed limit be lowered. Dis- cussion followed. Vote on the motion was unanimous. Resolution No. 89-41 was adopted. 3. Motion Re: Authorization to Bid for Cleaning of Drainage Canal North of Central Boulevard Mr. Randels so moved. Mr. Kidd seconded motion. Mr . Randels requested the criteria established by Briley, Wild and Asso- ciates be used as part of the bid package . Mr. Hoog requested A' the bid exclude cleaning the canal where it is located on private property. Discussion followed. Mr. Nicholas advised he would prepare the bid in three parts: 1 ) aligning the east side, 2) grading and leveling the bottom to provide positive drainage, and 3) clearing underbrush on west side. Vote on the motion to authorize the bid was unanimous. 4. Resolution No. 89-42 Electing Council Member to Fill Vacant Seat A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA ELECTING A SUCCESSOR COUNCIL PERSON TO SERVE UNTIL THE NEXT GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Resolution. Mr . Hoog moved to adopt Resolution No. 89-42 and appoint Ann Thurm to fill the CITY COUNCIL REGULAR MEETING AUGUST 15, 1989 PAGE 2 OF 3 unexpired term. Mr . Kidd seconded motion. Mayor Salamone spoke in favor of the appointment and read the letter from Mrs. Thurm, offering her services, into the record. A copy of the letter is attached hereto and made a part hereof by reference. Vote on the motion was unanimous. Resolution No. 89-42 was adopted. At this time, Mr. Theriac issued the Oath of Office to Mrs. Thurm and she assumed her seat. DISCUSSION Mr. Randels noted that there was recreation grant money avail- able. Mr. Nicholas advised that he had asked the Recreation Director and Recreation Board to research the availability of the funds. Mrs . Leeser pointed out the emergency ordinance would be in ef- fect for only thirty days and suggested scheduling a Special Council Meeting for September 14th, prior to the workshop meeting, for the purpose of adopting a regular ordinance estab- lishing the procedures for filling seats for unexpired terms. She noted the date of the meeting needed to be established so the ordinance could be advertised. It was the consensus of Council to hold the special meeting on September 14th. This item will be placed on the next workshop agenda. There being no further business, the meeting was adjourned at 8: 25 P.M. Approved this 5th day of September , 1989 . • \-Ca ��/ -o-) e 1 S si C r- 9 7e F (^ r L 9 /f/WV C i e'rk °" 1,6.;: CITY COUNCIL REGULAR MEETING AUGUST 15, 1989 PAGE 3 OF 3 Av MI' 4 August 15, 1989 Madam Mayor, I would like to read a statement into the record: The City Charter was initiated through State Legislative Action in 1963 . The Charter was not voted on by referendum by the voters, as stated by Mr . Arabian. Madam Mayor, you campaigned on bringing dignity to the City Council and the City of Cape Canaveral. Is what we experienced at our last workshop your definition of dignity? I don't think this Council, or any other Council or form of government, should be subjected to such abuse, as was displayed by Mr . Arabian. I don 't think the profanity was becoming, yet you let it continue to it 's fullest. Citizens have the right to come to Council, but not in that fashion or manner. Mr. Nicholas, was chastised, criticized and abused verbally, beyond necessity. I hope in the future you, Madam Mayor, conduct this meeting and all future meetings, without the old "Cape Carnival" image. s/ Robert E . Hoog FILE COPY • �� .�.� ld -7f 256 Coral Drive Cape Canaveral , Fl . Aug. 10, 1989 Mayor Joy Salamone City of Cape Canaveral Cape Canaveral , Fl . • Mayor Salamone and City Council : I would like to offer my services to fill the vacancy on the City Council created by the resignation of Stephen Miller. I have lived in Cape Canaveral for 27 years , am a property owner and my husband and I are in business here. I have been associated with the city since its beginning and serve at present as a member of the Zoning Board of Adjustment and City Historian. In addition to serving on Council for 5 1/2 years , I was Mayor for 1 1/2 years and Mayor Pro Tem for four years . I have served on the Recreation Board 5 years as Chairman and was on the Beautification Board for two years . I have worked very hard for Cape Canaveral , love it, intend to live out my life here, and if appointed at this time I will represent the City to the best of my ability in all matters that come before me . I will appreciated your consideration. Very truly yours , /f rfr/L Ann Thurm